Customs Act 1883 (SA)

ANNO QUADRAGESIMO SEXTO ET QUADRAGESIMO

SEPTIMO

A.D. 1883.

No. 291.

An Act to amend '' The Customs Act, 1864."

[Assented to, November zmd, 1883.1

IIEREAS it is dcsirablc to amend " The Customs Act, 1864," Preamble.

W with regard to drawbacks and &er matters-Be i t there-	fore Enacted by the Governor of the Province of South Australia,
with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament asscmblcci, as follows:

1. The hundred and eleventh section of The Customs Act, 1864," of

sec. 11 1 for present

shall be, and the same is, hereby repealed, and in liex thereof the sec. 111 of Customs

fbllowing shall be and may be cited as the one hundred and elcvcnth 1864*

section of The Customs Act, 1864," that is to say- 112. After

section of '' The Customs Act, 1864," that is t o say:-

111. The person entitled to any drawback on any goods duly Declaration on

exported, or his agent duly authorised in that behalf, shall debenture.

make and subscribe a declaration on the debenture that the

h moods mentioned therein have been actually exported, and have

not been re-landed in, or re-introduced into, any part of the

said province, and that such person at the t ime of entry and shipping was arid continued to be entitled to the drawback thereon, and the name of such person shall be stated in the debenture which sl~all then be delivered to such person or his agent.

2. The huiidred and twelfth section of '&The Customs Act, 1864," ~, ", b s f i ~ ~ ~ ~ p ~ ~ 8 ~ w

shall be, and the same is, hereby repealed, and in lieu thereof the sec. 112 of customs

following shall be, and may be cited as, the one hundred and twelfth A C ~ of 1864.

460 & 47' VICTORIE, No. 291.

Customs Act Amendment Act.-1883.

D rawback to be paid

on shipment out-	112. After the export of any goods fox which any drawback the person named in the debenture as the person entitled to the drawback, countersigned by the holder of such debhture, if the same shall have been transferred, shall be the discharge for such drawback when paid: Provided that no such deben- ture shall be paid after the expiration of two years from the date of the shipment of the goods, nor, in case of exportation for any Australasian colony by way of the river Murray, or over the boundary of' the said provincc, until a certificate under the hand of the proper officer of Customs of the port or place at which the goods were landed or delivered that the goods had been so landed or delivered shall have h e n received, and shall have been verified by the person claiming such drawback, or until proof be given to the satisfaction of thc Collector of the loss of such goods.
wards, subject to	is allowed, the drawback shall w be payable, and the receipt of
certain exceptions.

Substitution of new

sec. 151 for present 3. The one hundred and fifty-first (division the tenth) of “ The

sec. 151 of custom

Customs Act, 1864," shall be and the same is hereby repealed, md

Act, 1864.

in lieu thereof the following shall be, and may be cited as, the one

hundred and fifty-first section (division the tenth) of The Customs

Act, 1864," that is to say-

Regulations may be

made relative to im-	151. It shall be lawful for the Governor, with the advice of importation or exportation of goods across the boundary of the said province, and for the payment of drawbacks on goods exported over the boundary of the said province: Provided also, that such regulations shall be laid before Parliament, if sitting within one week of the making of such regulations, or
portation of gooh	the Executive Council, to make regulations relative to the
across the boundary.
if Parliament be not sitting, then within one week after the
Parliament has commenced sitting.

Penalty on re-intro- 4, Any person who shall re-introduce into this provincc at any

ducing by way of the place on the hanks of the river Murray, without payment of duty,

river Murrny goods

whereon drawback

has been allowed.

any goods whereon drawback has been allowed on export from this province, shall be guilty of a misdemeanor, punishable by imprison- ment, with or without hard labor, for a period not exceeding six months, or by a penalty not exceeding One IIundred Pounds, and the goods, and any goods packed therewith, shall be forfeited to

Her Majesty.

Onus of proof.

5. On the hearing before Magistrates, or on the trial of any in-

formation undcr the preceding clause, the burden of proving that

the goods mentioned in such information and inhoduced into this

province at any placc on the banks of'the river Murray, were goods on which drawback had not been allowed as aforesaid, shall be on the defendant.

Time of landing

goods.

6. The legal hours for unshipping and landing from any ship

arriving from ports beyond the spits thcx goods referred to in the

thirty-

46" & 47' VICTORIE, No. 291.

Customs Act Amendment A c t. 1 8 8 3.

thirty-second section of a The Customs Act, 1864," shall be between

eight in the morning and four in the afternoon on every day

throughout the year not being a Sunday or a holiday, except on Saturdays, and on every Saturday throughout the year from eight in the morning till twelve o'clock noon.

for that purpose by the Governor by Proclamation published in the 7. This Act shall come into operation on a day t o be fixed mence cement of

Government Gazette.

In the name ancl on bchalf of Her Majesty, I hereby assent

to this Bill.

WILLIAM C. F. ROBINSON, Governor.

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Adelaide: By authority, E. SPILLER, Go~ernmmt Printer, North-terrace.