Border Duties Act 1873 (SA)

ANNO TRICESIMO SEPTlMO

VICTORIB REGINAE.

A. D. 1873.

No. 12.

An Act to Validate certailz Conventions entered into between the

Governments o f South Australia and New South Wales with

reference to Customs Duties on the Biver Murray.

[Assented to, 18th December, 1873.1

HEREAS, at a Conference held at bydney in the months of Preamble.

W January and February, one thousand eight hundred and seventy-three, a resolution was agreed to by the duly accredited

representatives of the Governments of the Australian Colonies, and

o f Tasmania and New Zealand, respectively, in the terms fallowing,

that is to say:-"That it is desirable to terminate as soon as possible the present system of the collection of Customs Duties on the River Murray, and to establish the payment of lump sums in lieu of duties;

the amounts to be arranged by the Colonies concerned, on an equitable

basis: " And whereas, in pursuance of such resolution, the Honor-

able Sir Henry Ayers, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, the Chief Secretary, and the Honorable John Henry Barrow, the Treasurer of the Province of South Australia, acting for and on behalf of the said Province, have entered into two Conventions with the Honorable Henry Parkes, Colonial Secretary, and the Honorable George Alfred Lloyd, Colo- nial Treasurer of the Colony of New South Wales, acting for and on behalf of the said Colony, both which Conve~tions have been duly executed by the said parties, and are set forth at length in the Schedule hereto: And whereas i t is desirable to make provision for suspending the collection of Customs Duties on the River Murray, or eastern boundary of South Australia; and, for that purpose, to validate and confirm the Conventions so entered into as aforesaid-

Be it therefore Enacted by the Governor of the said Province, with

U the

Border Duties Act.-1 873.

the advice and consent of the Legislative Council and House of

Assembly thereof, in this present Parliament assembled, as follows:

VfidationOfConyen-

tionn 8et out in 1. The two Conventions made and entered into as aforesaid, and

which are set out in full in the Schedule hereto, are hereby vali- dated, and declared to be of full force and effect from the day of the making thereof, respectively, to all intents and purposes as if the same had been made and entered into in pursuance of an Act of the Parliament of the said Province expressly directing and authorizing the same to be made and entered into by the said Chief Secretary and Treasurer, acting for and on behalf of the said Province, with the Colonial Secretary and Colonial Treasurer, acting for and on behalf of the said Colony of New South Wales.

Lluspen8ionofCuetoms	Act, 1864, and other 2. During the continuance of the said Conventions, "The Customs
act. during oontinu- Act, 1864," and a11 other laws whatsoever which impose Customs
~ e o f C o n ~ t i o n ~ ~ Duties or other charges, or authorize regulations to be made in

respect to the same, on the trade and commerce across or by way of the boundary between South Australia and New South Wales, shall

be suspended and have no force or operation in regard to the said

trade and commerce.

Treasurer to pay 3. The Treasurer of the said Province, during the continuance of

moneya payable under

Conyenliona.	the said Conventions, shall pay such annual sums as may become payable pursuant thereto, at such times and in such manner as by the said Conventions, or either of them, is provided.
Variation of term8 of
agreement inSchedule	4. Nothing in this Act, or the Schedule thereto, contained, shall prevent the Governor from authorizing such a departure from the conditions and stipulations contained in the said Schedule as may be found necessary in completing an agreement to carry out the purposes of this Act between South Australia and New South Wales, or be- tween South Australia and Victoria, as the case may be: Provided
annexed.
that the duration of any such agreement shall not be longer than three years; and the yearly sum to be paid by South Australia to
New South Wales in reqect of such Conventions shall not be less nor more than Thirteen Thousand Five Hundred Pounds: Provided further, that no charge or impost of any kind shall be levied on live stock travelling across or by way of the River Murray from South Australia after a date to be fixed in such agreement.

Short title.	6. This Act may be cited as "The Border Duties Act of 1873."
In the name and on behalf' of Her Majesty I hereby assent to

this Act.

A. MUSGRAVE, Governor,

SCHEDULE REFERRED TO.

CONVENTION. made and entered into between the- Honorable Henry Parkca, Colonial Secretary, and the Honorable George Alfred Lloyd, Colonial Treasurer, for and on behalf of th t Colony of New South Walee, of the one part; and the Honorable Sir Henry Ayers, Knight Commander of the Most Distinguished Order of Saint Michael ~ n d Saint George, Chief Secretary, and the Honorable John Henry Barrow, Treasurer, for and on behalf of the Colony of South Australia, of the other-part.

FOB the purpose of enabling each of the Colonies of South Australia and New South

Wales to receive the duties of Customs to which it ia entitled on goods imported from the other by way of the Kiver Murray between S e w South Wales and Victoria, with- out the actual collection of such duties by Customs officer8 on the occasion of each

importation, it is agreed as follow^: .-

l. That for a period of three years from the sixteenth day of June, one thousand eight hundred and seventy-three, inclusive, goods of all kinds, including live stock, shall be imported from South Australia into New South Wales, and from New South Wales into South Australia, by way of the River Murray, without any payment of Customs duties or charges of any kind upon any such importation.

2. That during such period there shall be paid to New South Wales by South Australia, by equal quarterly payments, the yearly sum of Thirteen Thousand Five Hundred Pounds ($13,500), such sum being the estimated annual amount which in each year would be payable to N e w South Wales in respect of Customs dutie.3 upon goods passing through any of the Customs Houses on the River Murray aforesaid.

3. That the duties on goods which on the first day of June next shall have been imported into New South Wales from South Australia by the River Murray, and shall then be in any of the New South Wales bonded warehouses on that river, and the duties on all goods which may hereafter during the continuance of this agreement be placed in the present or any future bonded warehouses in New South Wales on the aaid river from South Australia, shall be collected by New Soutli Walee and paid over to South Australia without charge.

4. That should the Legislature of New South Wales, during the period of three years set forth in the first clause of this agreement, reduce or repeal the Customs or Excise duties at present imposed by law, the yearly sum to be paid to New South Wales shall in a corretrponding manner be adjusted and reduced, such adju~tment to

ba determined by the amount of duties collected during the twelve months from the

first day of February, one thousand eight hundred and seventy-two, until the first day of February, one thousand eight hundred and seventy-three, on the dutiable article

or articles affected by such alteration of the law.

5. That should the said Legislature, during the same period of three years, in- crease the Customs or Excise duties at present imposed by law, or impofie new duties upon articles now admitted free, the sum to be paid to New South Wales shall be adjusted and increased by the prop~rtional amount received or receivable on the articles crossing the River Murray aforesaid, so subjected to Customs duties, during the next succeeding six months after the Act imposing such duties comes into operation.

6. That, neverr,heleas, it shall be optional for New South Wales or South Aus-

tralia, on the Legislature of either Colony passing any measure altering the Customs

or Excise duties at present in force in such Colony, to retire from this agreement on

giving thirty days' notice of its intention so to retire.

7. That, for the purposes of this agreement, all bonded warehouses shall be on

the River Murray aforesaid, and not on the tributaries of that river.

8. That the Government of South Australia #hall afford all customary facilities.

for the transport under bond of goods destined for consumption in New South Wales

to the New South Wales boundary of the River Murray.

9. That nothing herein shall be held to prevent New South wale^ making such ?rrangements, not inconsistent with this agreement. with Victoria as it may think fit 1" reference to Customs duties on goods imported into New South Wales from Vic- toria by way of the River Murray, or ertablishing and maintaining such Custom houes and 5onded warehouses, and making such regulatiuna as it may think fit for

the

the colleotion of Customs duties on goode imported from or through Victoria by way of the River Murray; but any goods imported into South Australia by the said river from Victoria, or across the said river from Victoria vid New South Wales, shall be altogether exempt from the provisions of this agreement, and shall be chargeable

with duty according to the South Australian tariff then in force; and the New South

Wales officers of Customs shall co-operate with the South Australian Customs officers, and take all proper stepa to prevent the provisions of this agreement being in any ruch way infringed.

Done at Sydney the twenty-aeventh day of May, one thousand

eight hundred and seventy-tbree.

H E N R Y PARKES.

GEO. A. LLOYL).

Done at Adelaide the sixth day of June, one thousand eight

hundred and seventy-three.

HENRY AYERS.

JOHN H. BARROW.

COWVENTION made and entered into between the Honorable Henry Parkes, Colonial Secretary, and the Honorable Oeorge Alfred Lloyd, Colonial Treasurer; for and on behalf of the Colony of New South Wales, of the one part; and the Honorable Sir Henry Ayers, Knight Commander of the Most Distinguished Order of Saint Mich~el and Saint Oeorge, Chief Secretaxy, and the Honorable John Henry Barrow, Treasurer of the Province of South Australia, for and on behalf of the s ~ i d Province of South Australia, of the other part.

WHEREAS a certain Convention done at Sydney the twenty-seventh day of May, in

the year of our Lord one thousand eight hundred and seventy-three, and at Ade- laide on the sixth day of June last past, was made between the said parties hereto, for the purpose of enabling each of the Colonies of South Australia and New South Wales to receive the duties of Customs to which it was entitled on goods im- ported from the other by way of the River Murray between New South Wales and Victoria, without the actual collection of such duties by Customs officers on the occasion of each importation: And whereas such Convention is to be in force for a period of three years, from the sixteenth day of June, one thousand eight hundred and seventy-three: And whereas, in addition to the clauses, conditions, and agree-

ments contained in the said Convention, it is expedient to enter into the agreement

hereinafter contained: I t is therefore agreed as follows: -

That should i t be found, during the period of three years mentioned in the above- recited Convention, that tobacco, the produce or manufacture of either New South Wales or South Australia, is being introduced into the other Colony to the detriment	of its revenue, the Colonial Treasurer of New South Wales, or the Treasurer of South
Australia, as the case may be, is hereby empowered to prokibit the introduction of any such tobacco into the Colony RO objecting on account of detriment to its revenue -except in bond, or on payment of the duty on tobacco sf similar kind then charge- able on tobacco imporled from elsewhere-after three months' notice in writing shall have been given by the said Colonial Treasurer of New South Wales to the Treasurer
of South Australia, or by the said Treasurer of South Australia to the Colonial
Treasurer of New South Wales, as the case may be, if the Parliament of the Colony to which notice shall be so given be a t any such time sitting; otherwise at the expira- tion of six calendar months from the date of such notice.

Done at Sydney the seventh day of July, one thousand eight

hundred and seventy-three.

HENRY PARKES,

OEO. A. LLOYD.

Done at Adelaide the twenty-fifth day of June, one thousand

eight hundred and seventy-three.

H E N R Y AYERS.

JOHN B. BARROW.