Customs Act 1901

The Comptroller‑General of Customs may, by legislative instrument, prescribe rules for and in relation to the following:

the qualification criteria that an entity must satisfy in order for a trusted trader agreement to be entered into with the entity under section 176A;

the matters that the Comptroller‑General of Customs must consider when deciding whether to enter into a trusted trader agreement under section 176A;

the conditions on which an entity participates in the Australian Trusted Trader Programme;

the kind of obligation:

that an entity may be released from under Part IV (other than Division 1) or Part VI (other than Division 1); or

that an entity may be required to satisfy under Part IV (other than Division 1) or Part VI (other than Division 1) in a way other than required by the relevant Part;

the kind of benefits that an entity may receive under a trusted trader agreement;

any criteria to be satisfied for an entity to receive benefits of a kind mentioned in paragraph (e);

any other conditions to which a trusted trader agreement may be subject;

the procedures that the Comptroller‑General of Customs must follow when varying, suspending or terminating a trusted trader agreement under section 178A;

the matters that the Comptroller‑General of Customs must consider when deciding whether to vary, suspend or terminate a trusted trader agreement under section 178A;

the kinds of information that may be published on the Register of Trusted Trader Agreements, including:

that an entity has entered into a trusted trader agreement; and

the kinds of benefits that the entity is receiving, or will receive, under the agreement; and

whether the agreement is in force; and

whether the agreement is or has been suspended; and

whether the agreement has been terminated.

For the purpose of paragraph (1)(d):

a rule prescribed for the purposes of subparagraph (1)(d)(i) must specify that the obligation is one from which an entity may be released; and

a rule prescribed for the purposes of subparagraph (1)(d)(ii) must specify that the obligation is one that may be satisfied by an entity in a way other than required by Part IV (other than Division 1) or Part VI (other than Division 1).

The Comptroller‑General of Customs may, by legislative instrument, also make rules prescribing matters:

required or permitted by this Part to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Part.

To avoid doubt, rules made under this section may not do the following:

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.