Customs Consolidation Act 1892 (WA)

The Customs Consolidation Act, 1892.

(55th Vict., No. 31.)

ARRANGEMENT OF SECTIONS.

1. Short title and commencement of Act. PART IV.

APPOINTMENT OP FORTS, QUAYS, AND

WHARFS, AND LANDING PLACES.

17. Governor may appoint quays and

PART I. ports.

PRELIMINARY.

2.

Acts repealed.

All regulations, appointments, Ste., to

remain in force. PART V.

3. Interpretation.	DISPUTES AS TO DUTY PAYABLE ON GOODS.
18. In case of dispute importer to pay

duty.

19. Action to be brought to recover duties

in case of dispute.

PART II. 20. Not to apply to goods seized for

MANAGEMENT AND OFFICERS. under-valuation.

4. Minister to manage the Customs.

5. Governor to appoint officers.

6. Persons employed in the Customs to

be deemed officers.

7. Declaration by officer. PART VI.

8. Dismissal of officer on taking un- AS TO SETTLEMENT OF CASES BY THE

authorised fee.

9. Minister may appoint hours of attend- ance and division of duties. MINISTER.

21. Settlement of disputes.

10. Governor to fix overtime rates.

22. Minister's order to be final.

11. Exemption from public offices.

Force as an order of Justices in Petty

23. Power to keep order.

24. Power to administer oaths.

25. Power to summon witness.

26. Minister may make rules.

12. Holidays. Sessions.

13. Minister to remove officers. Justice may enforce order of Minister.

PART III.

COLLECTION OF DUTIES.

14. Duties to be levied according to standard weights and measures.	PART VII.
IMPORTATION.

15. When new duties are imposed former ones to continue mitil new duties APPOINTMENT OF STATIONS AND SUFFER-

are chargeable. ANCE wrtears.

16. Goods in warehouse to be subject to duties chargeable at time of clear- Boarding and Stations.

27. Stations and wharfs.

ance from the warehouse. 28. Governor to establish by Proclama- tion certain places for landing goods in townsites.

Goods may he landed at other places by special permission.

Customs Consolidation Act, 1892.

Importation by Land. 59. How goods to be dealt with if under-

valued.

29. Goods imported by land without pay- ment of duty, and prohibited goods 60. Detention and sale of goods under

value.

to be forfeited. 61. Fraudulent entries. 62. Applies to all goods.

Prohibition, Entry, Examination, zg, 63. Declaration may be made before any

Justice, he.

and Warehousing. 64. " Genuine invoice."

30. Importation and warehousing.	65. Production of fictitious invoice.
31. Time of importation and arrival	66. Preparing false invoices a misde-

defined. meanor.

32. Prohibitions and restrictions. 67. Collector shall seal invoices.

Table of prohibitions and restrictions. 33. Governor to prescribe a test. Purchaser may demand inspection.

68. Currency in which invoices to be made

out.

69. Invoice to be attested.

Report of Cargo. 70. Deduction not to be made.

34. General provision inwards. 71. Minister to determine rate of dis-

35. Time and place of landing goods. count.

36.After due report and entry, he., goods may be landed forthwith on any	72. Value to include royalty, he.
73. Amount of royalty, he., to be added to

day and at any time on the special value if deducted.

authority of the Collector. 74. Minister to determine value in some

37. Officers to be stationed in ships in limits of any ports, and to be pro- cases.

73. No deduction for packages when not

vided with accommodation. in invoice.

38. Ships, he., to be reported on arrival 76. No deduction for inside covering.

by the master. Case covering.

39. Goods not reported may be detained.	77. Highest duty to be charged.
40. Master to deliver manifest.	78. Parts to be charged as the whole.

In eases of wreck, master to report at the nearest Custom House.	79. Proportionate rate of duty.
80. Minor article may be exempted from

41. Master to produce manifest to officer of Customs within three miles of duty.

81. Goods brought through other count-

coast and deliver a copy. ries.

42. Captain of commissioned ships to re- 82. Goods entered for warehouse.

port goods. 83. Proprietary medicines.

43. Packages reported " contents un- known" for re-exportation may be	84. Blank invoices with certificates.
85. Production of invoices in cases of

opened. seizure.

44. On being hailed, ship to bring to.	86. Penalty for withholding invoices.
45. Officers to board ships.	87. Allegation deemed proved if not pro-

46. Within what time goods to be entered duced.

and landed. 88. Person making false invoice cannot

47. When imported goods remain on board after limited time, ship may be recover price of goods sold.

89.What shall be evidence of fraud.

detained until expenses of watch-	90. Collector may impound invoices.
ing goods are paid.

48. Entry to be delivered to Collector.	Entry of Goods by Bill of Sight.
49. Importer to pay duty.

50. As to payment of duty on goods in manifest but not produced or	91. Entry when goods are not known.
92. Entry to be perfected after examina-

landed. tion.

51. Entry not valid if goods not properly 93. Goods entered by bill of sight not to

described. b3 delivered until duty is paid.

52. Production and verification of certain 94. If entry be not perfected, goods to be

invoices. removed to Queen's Warehouse.

53.All goods to be examined by the 95. Endorsing incorrectly.

officers.

54. Declaration on entry of goods. Abatement and Refunds of Duty.

96. Goods damaged on voyage.

Payment of Duties (Ad Valorem). 97. Collector to examine damage.

55. Value of goods in certain cases to be verified by declaration of importer 98. No amendment or refund except by permission of Minister.

or agent. 99. Short-paid duty may be recovered.

56. Declaration to be signed in presence Goods of same owner may be stopped.

of Collector. 100.Over-paid duties not returnable after

57. Officer may assess value.	one year, unless previously applied
58. Examination of importer or agent on	for.

oath. 101.No claim for compensation for loss.

Customs Consolidation Act, 1892.

Goods unfit for human consumption. 133. Owner not liable for annual fee.

1.02. Collector may detain goods unfit for 134. Warehouses for dressing rice or other

consumption. purposes.

103. Order for destruction.

135. Collector shall issue warrant.

136. Certain spirits may be delivered free

Samples. of duty.

137. If warehouse fees in arrear, goods to

101. Travellers' samples. be sold.

105. Customs samples. 138. Goods not duly warehoused to be for-

Importers' samples. feited.

106. Customs samples accounted for. 139. Re-packing tobacco in warehouse and

Importation-Generally. spirits and other goods drawn off,

107. Dangerous goods to be specially de- 140. Destroying sm'plus or damaged goods

clared. after re-packin, he. c.

108. Export of dangerous goods. 161. Goods lost or destroyed, Minister may

109. Particulars import entries. remit duties.

110. Provision as to live stock or perish- 142. Duty on goods destroyed on removal

able goods. may be remitted.

111. Importing vessel must be registered. 143. Department not liable to any claim

112. Derelict goods. for compensation.

113. Surplus stores may be entered as mer- 144. Spirits and tobacco may be re-gauged

chandise. or re-weighed.

114. Goods to be returned admitted free.	145. Embezzlement of goods by officer.
115. Goods may be exempted from duty under special circumstances.	146. Penalty on opening warehouse with-

out officer.

116. Substitute for dutiable article. 147. Vessels not under 30 tons proceeding

117. Orders to be published.	on a voyage, permitted to ship
118. Wine.	limited quantity of stores free of
119. Goods partially composed of dutiable	duty.

articles. 148. Goods how delivered from warehouse.

120. Spirits under six months old not to be used for home consumption.	149. Goods to be considered warehoused.
150. Goods offensive or deleterious to

121 Remission of duties on goods for Her health, to be destroyed.

Majesty's service. 151. Warehoused goods to be cleared in

122. Governor, by proclamation, to pro- hibit importation of goods, he. three years.

152. Goods uncleared in three years to he

123. Minister may appoint places for the examination of goods on landing sold.

153. Examination may be dispensed with.

and require security from the owner 154. Goods removed without authority to

or occupier. be forfeited.

124. Landing of goods by officers of Cus- 155. Landing waiter to take account of

toms. goods landed to be warehoused.

125. Goods to be unshipped at expense of 156. Duty to be paid according to such

importer. account.

157. Warehoused goods to be deposited in

original packages.

158. Collector may direct which goods may

be bulked, he.

159. Warehouse-keeper liable for goods in

his warehouse.

PART VIII. 160. Revenue not liable for goods consum-

WAREHOUSING AND WAREHOUSES- ed by fire, accident, or felony.

161. Officer of Customs to have access to

GENERALLY. goods.

126. Appointment of warehousing port

And of warehouses. Removal of Warehoused Goods.

Sureties. 162. Goods may be removed from one

127. Annual payment to be made. warehouse to another.

128. Exemption from payment.	163. An account of goods removed to be
129. Goods may be warehoused free of duty subject to regulations.	transmitted and bond to be given. 164. Goods removed to be subject to same

130. Importer of goods intended to be warehoused without payment of regulations as on importation.

165. Goods removed may be exported or

duty to deliver to Collector a bill duty paid on removal.

of entry. 166. Entry for exportation or home use.

131. Blending colonial wines in bond for 167. Person entering any goods for home

exportation. consumption delivers bill of entry.

Labels, seals, he. 168. Governor may specify other goods for

132. Security required for safe custody of re-gauge, he.

wine. 169. Re-examination and re-valuation.

iv.

Customs Consolidation Act, 1892.

170.Good, taken out of warehouse not 203.Entry outwards.

exported. Bill of entry to be delivered.

171.Collector may order removal of goods from private to public warehouse. 204.Bond to be given on exportation of

goods from warehouse.

172.Licensee of private warehouse respon- 205.Officer may board any ship after

sible. clearance.

173.Effect of legal transfer. " Clearance."

206.Goods illegally removed to be for-

Queen's TVarehouses. feited.

207.Forfeiture of goods on non-shipment,

174.Minister may appoint Queen's Ware- or illegal shipment.

houses. 208.Penalty for breaking seals.

175.Perishable goods.	209.Ships to bring to at proper stations.
176.Duties unpaid for six months, goods	210.Time of exportation and departure.

sold by auction. 211.Prohibitions of exportations.

177.No dangerous goods stored. 212.Entry outwards of warehoused goods,

178.If goods of combustible nature landed same to be deposited in available and goods for drawback.

213.Goods exported or carried coastwise,

place by the Collector deemed fit. 179.Clearance of goods in Queen's Ware-	contrary to order, forfeited, and
master to pay £100.

house. 214.Particulars in export entries.

As to powers of Shipowners and Liens. Ship's Stores.

180.Interpretation of terms used in sections 181 to 191, both inclusive. 215.Ship's stores subject to same duty as

goods.

181.Power to ship owner to enter and land goods in default of entry and land- 216.If officers put seal on goods from the warehouse outwards, and such seal

ing by owner of goods. be broken, master to forfeit £100.

182.If when goods are landed the ship-

owner gives notice for that purpose

the lien for freight is to continue.

183.Lien to be discharged on proof of

payment.

184.Lien to be discharged on deposit with

the warehouse owner. PART X.

185.Warehouse owner may at the end of fifteen days, if no notice be given., DRAWBACKS.

pay the deposit to shipowner. 217.Governor may specify drawbacks.

186.Course to be taken if notice to retain 218.Forfeiture of goods and penalties.

is given. 219.False declaration under regulations

187.After ninety days warehouse owner may sell the goods by public	punishable as in case of wilful and
corrupt perjury.

auction.

188.Notices of sale to be given. Issue of Debentures for the Payment of

189.Moneys arising from sale, how to be Drawback.

applied. 220.Debenture to be passed.

190.Warehouse owner's rent and expenses.	221.Declaration on debenture.
191.Warehouse owner's protection.	222.Drawback to be paid within ono year.

Saving.

223.Goods cleared to be exported for any drawback not duly exported to be forfeited.

224.Not more than duty to be paid.

225.No drawback allowed on goods of less

value than drawback claimed, he.

PART IX.

Special Drawbacks.

EXPORTATION.

220. Drawback on spirits for use of the

192.Ships, entry outwards.

Governor and Her Majesty's sea

193, Inward cargo exported to be certified.

and land forces.

194.General provisions outwards.

195.Export entry to be passed.

196.Penalty.

197.Payment of export duty.

198.Goods about to be exported without

due entry.

199.Officer to open packages.	PART XI.
200.Place for shipping goods.

201.Time of clearance. COASTING TRADE.

202.Goods not stated in entry to be pro- duce of the colony not to be so 227.Coasters not to take in cargo at sea or

deviate.

certified. 228.Governor may make regulations.

V.

Customs Consolidation Act, 1892.

229. Goods shipped contrary to regulations forfeited and offender fined. PART XVII.

230. What are coasting vessels ?	BOATS AND LIGHTERS.
231. Foreign vessels not to engage in the

coasting trade. 245. Boats not to quit ship's side till

232. Officer may board any coaster. hatches are sealed down.

246.

Hours of discharge.

No boat to go alongside until ship is

reported.

247. Ship's boats to have the name of the

ship and port.

PART XII.

248. Master of vessel laden with cargo

proceeding to Perth or unloading

TRA.NSIIIPMENT. without permission of landing

233. Goods may be transhipped in certain waiter.

Cases.

234. Minister to make rules and regula-

tions. Penalty. Transhipment defined.

PART XV III.

SMUGGLING.

PART XIII.

249. As to ships and boats not bringing-to,

&e., and as to goods thrown over-

BONDS AND SECURITIES. board.

250. Officers to board, and their power.

235. All bonds entered into valid in law. 251. Vessels removing uncustomed or pre.-

Bonds of minors valid. hibited goods forfeited.

236. Minister to prescribe forms. 252. Ships not e'bringing-to may be fired

upon.

253. Ships found light forfeited.

254. Ships, &e., with false bulk-heads to be

forfeited.

255. Goods unshipped without payment of

PART XIV. duty, and prohibited goods liable

OATHS AND AFFIRMATIONS. to forfeiture.

256. Goods illegally removed from the

237. Collector to administer oaths, &c. warehouse.

238. Collector may examine on oath.

Prohibited goods exported.

Goods concealed on board, and goods

packed therewith forfeited.

256. Penalty for fraudulently importing by land, or concealing goods so imported.

PART XV. 257. Restricted goods to be deemed run.

FALSE DECLARATION Olt ANSWERS AND 258. Goods concealed to be forfeited.

Passengers' baggage.

COUNTERFEITING DOCUMENTS. 259. Removing goods liable to duty with-

239. Falsifying documents. out legal warrant.

260. Ship's goods and persons may be de-

tained.

261. Persons on board any ship or boat, or

who may have landed from them,

PART XVI. may be searched.

262. Persons before search may require to

LICENSING OF CARRIERS. be taken before a Justice or officer

240. Minister may appoint ports in which carriers must be licensed. of Customs,

263. Penalty on persons denying having

241. Minister may grant or authorise Col- lector to grant licenses.	uncustomed or dutiable goods about
them.

242. Annual fee to be charged for license 264. Officers authorised by writ of assist-

payable in advance.

ance, and having a peace office;

265. Duration of writs of assistance.

266. Officers may search premises by war-

243. Minister may make regulations.

may search houses and break open

244. Penalty of illegally carrying goods.

doors.

rant granted on reasonable cause

shown.

vi.

Customs Consolidation Act, 1892.

267. Goods stopped or taken by police PART XIX.

officer. LEGAL PROCEEDINGS.

268. Illegally importing.

Carrying goods into warehouse with- out authority. 295. Penalties and forfeitures how to be

sued for.

Removing from warehouse. 296. Informations, convictions, &c.. to be in

Harboring. form, &c., in Schedule 14.

Carrying, removing, concealing. 297. Justices may condemn goods liable to

Evasion of duty. forfeiture.

Penalty treble value or not exceeding 298. Justices may commit in certain eases

£100. without order of Minister.

269. How value to be ascertained. When quantity of spirits does not ex-

270. Justice may order persons offending to be detained a reasonable time.	ceed five gallons, or of tobacco 20
pounds.

271. Any person liable to be detained making his escape may afterwards Where quantity between 5 and 20 gallons spirits, or from 20 to 80

be arrested by any officer of Cus-	pounds tobacco, Justices may miti-
toms.	gate.

272. Officers of Customs may, upon prob- able cause, stop carts, &c., and Above 20 gallons spirits, or 80 pounds of tobacco, no mitigation by Jus-

search for goods. tices.

273. Power to call for aid. 299. Penalties and costs to be stated in

274. Punishment for persons assembling to the number of three or more to convictions, &c.

300. Justices may issue warrant and admit

run goods, or persons obstructing to bail.

officers or seeming or detaining 301. Penalties joint and several may be

goods to prevent seizure. sued for by joint and several infor-

Rescuing goods. mation.

275. Two or more armed persons assisting in the illegal landing of goods, or	302. Officer of Customs may prosecute, &c.
303. Evidence of condemnation or for-

in resetting goods seized, to be feiture.

deemed guilty of felony. 304. Any person committed in default of

276. Persons o	assaultin officer, or by force or violence obstructing, may be	payment of a penalty less than
£100 to be discharged by gaoler in
imprisoned.	six months if not duly released.

277. Taking away seized goods without 305. Provisions of 14 Vic., No. 5, made

authority to be felony. ble.

278. How ships and goods may be disposed 306. C a o d liopri

of. 307. Notice to be given by seizing officer

279. Ships and goods liable to forfeiture may be seized by any officer.

to owner of goods or ships seized,

and seizures to be claimed within

one month.

Rewards and Penalties. Perishable goods, Stc., may be sold.

308. No claim or appearance to be entered

280 None but officers to take up spirits in casks sunk or floating on the sea.	to any information for the for-
feiture of seized goods, unless in
281. Persons signalling smuggling vessels.	the name of the owner thereof, and
282. Proof of a signal not being intended.	on oath made to the property.

283. Persons may prevent signals. 309. Owners to give security for costs oc-

284. Shooting at boats belonging to Navy casioned by the claim or appear-

or Customs, felony. ance.

285. Penalty for damaging boats, buoys, 310. If goods owned by more than five

&c. co-proprietors, two may make oath.

286. Officers may haul their vessels on 311. If goods owned by a company, body

shore. corporate, or co-partners, oath may

287. Officers may patrol coasts. be made by public officer or agent.

288. Reward to person detaining. 312. If suit brought on account of seizure,

289. Rewards generally.	and the Judge or Justices shall
290. Seizures may be disposed of as Minis-	certify there was probable cause,

ter may direct. plaintiff to have two-pence damages,

291. Rewards to officers making seizures. and no costs.

292. Application of penalties. 313. One month's notice of action to officer

293. Minister may distribute shares of seizure so as to reward persons before process.

314. No evidence to be adduced but that

entitled. contained in notice.

294. Penalties under Registry Act may be sued for under this Act.	315. Officer may tender amends.
316. Neglecting to tender amends may pay

into Court.

317. Action to be commenced within two calendar months next after cause of action has arisen.

Customs Consolidation Act. 1892.

318.Judge may issue warrant for appre- hending offenders prosecuted by PART XXI.

information. INFIRM PASSENGERS.

319.When recognizance is given and the party shall not plead, a copy of the 339.Bond to be given for infirm or indi-

information may be delivered to gent passengers.

his attorney or agent. 340.Bond may be put in suit.

320.Service of subiena.	341.Penalty for not giving bond.
321.Impoverished persons may defend in	342.Master to report infirm passengers.

forma pauperis. 343.Seamen and Her Majesty's forces

322.Proof of payment of duties or of the

lawful importation of goods to be

on the defendant.

exempt.

323.The Attorney General may enter a

none prosequi.

324.Suits to be exhibited within three

years. PART XXII.

325.Averment in smuggling cases.

326.What shall be evidence of order of MISCELLANEOUS AND SUPPLEMENTARY.

Governor or Minister. 344.Rules, &e., to apply as far as applic-

327. Vinci vote evidence may be given that able to all goods, wares, &c., im-

a party is an officer. ported by land.

328.Persons detained and escaping fresh 345.Governor may require statistical in-

information. formation.

329.Collusive seizure, forfeit .0500.	346.Short payment of duty.
330.Persons offering bribes, penalty -€200.	347.Collector may grant bill of health.
331.Governor may restore seizure and mitigate or limit punishments and	348.Sales to be by public auction.
349.Rules to have force of law.

penalties. 350.Penalty on wilful evasion of or dis-

332.Penalties and forfeitures to be paid to obedience to Rules made in pur-

Minister. suance of the Customs Acts.

333.Collector may levy on goods in his pos- 351.Prohibition of work on Sunday.

session. 352.Goods said to be " run" forfeited.

334.Offences on the waters, &c., and juris- 353.Penalty on Collector allowing pay-

diction. ment to be avoided or deferred.

354.Duties may be recovered as a debt to

the Crown.

355.Persons arriving in ships from in-

fected places not to land before

PART XX. examination.

356.Rules and Regulations.

AGENTS AND AGENCY. 357.Orders, &c,, issued by the Minister.

335.Agents must be authorised. 358.Revocation and alteration of orders,

336.Authority may be demanded.

&c.

337.As to declaration of shipping clerks,

&c., in certain cases.

338.Agent personally liable.

LiZecitern Rutin:attn.

ANNO QUINQUAGESIMO QUINTO

VICTORIA] REGIME.

*00000*n** ** 4Etirn e ** 0*0 0 t't< a********* ** Qin**

No. XXXI.

AN ACT to consolidate and amend the Law relating to Customs.

[Assented to, iPth March, 1g92.]

with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parlia-	Preamble.
BE it enacted by the Queen's Most Excellent Majesty, by and
ment assembled, and by the authority of the same, as follows:—
1. THIS Act may be cited for all purposes as " The Customs Consolidation Act, 1892," and shall come into operation on the	Short Title and com-
mencement of Act.
first day of May, 1892, and is divided into Parts, as follows:—

PART I.—Sections 2 and 3 : PRELIMINARY.

PART IL—Sections 4 to 13: MANAGEMENT AND OFFI-

CERS.

PART III.--Sections	13 to 16: COLLECTION OF DUTIES.
PART IV.—SeCti011	17 only: APPOINTMENT OF PORTS,

WHARFS, &c.

PART V.—Sections 18 to 20: DISPUTES AS TO DUTY

PAYABLE.

55° VICTORIZE, No. 31.

Customs Consolidation Act, 1892.

PART VT.—Sections 21 to 26 : SETTLEMENT OF CASES BY

THE MINISTER.

PART VII.— Sections 27 to 125 : IMPORTATION.

PART VIII.—Sections 126 to 191 : WAREHOUSING AND

WAREHOUSES.

PART	IX.—Sections 192 to 216: EXPORTATION.
PART	X.—Sections 217 to 226: DRAWBACKS.
PART	XI.—Sections 227 to 232: COASTING TRADE.
PART	XII.—Sections 233 and 234: TRANSHIPMENT.

PART XIII.—Sections 235 and 236: BONDS AND SECURITIES. PART XIV.--Sections 237 and 238: OATHS AND AFFIRMA-

TIONS.

PART XV.—Section 239 only : FALSE DECLARATIONS AND

FORGERY.

PART XVI.—Sections 240 to 244: LICENSING OF CARRIERS.

PART XVII.—Sections 245 to 248: BOATS AND LIGHTERS.

PART XVIII.—Sections 249 to 294: SMUGGLING.

PART XIX.—Sections 295 to 334: LEGAL PROCEEDINGS.

PART XX.—Sections 335 to 338: AGENTS AND AGENCY.

PART XXL—Sections 339 to 343: INFIRM PASSENGERS.

PART XXII.—Sections 344 to 358: MISCELLANEOUS AND SUP-

PLEMENTARY.

PART I.—PRELIMINARY.

2. (1.) THE enactments described in the First Schedule are

Acts repealed. hereby repealed as from the commencement of this Act.

(2.) Such repeal shall not affect

All regulations,	(a.) Any proclamation, order, rule, regulation, appoint- summons, writ, warrant, or other written instru- ment issued, or any notice, certificate, or bond given, or any security taken, or any commission, or license, or permit granted, or any arrear of duty or drawback or other moneys due or payable or any- thing lawfully done before the commencement of this Act, under any enactment repealed by this Act ; nor
appointments, &c.,	ment, arrangement or adjustment made, or any (I).) Any fine, forfeiture, or other punishment incurred, or to be incurred, in respect of any offence committed or to be committed against any enactment so repealed; nor
to remain in force.

55° VICTORIX, No. 31.

Customs Consolidation Act, 1892.

(c.) The institution or continuance of any proceeding or other remedy, whether under any enactment so repealed or otherwise, for enforcing any such fine, forfeiture, or punishment, as aforesaid.

(g.) Every proclamation, order, rule, regulation, appoint- ment, summons, writ, warrant, and other written instrument, notice, certificate, bond, security, commission, license, or permit, in force at the commencement of this Act under any enactment repealed by this Act shall remain in force until altered, revoked, rescinded, or exhausted, or until others shall be made, issued, given, taken or granted in lieu thereof.

(k.) All ports, sub-ports, and the respective limits thereof, all warehousing ports and inland warehousing towns and bonding places, boarding stations, lancing places, legal quays, wharfs, sufferance wharfs, mooring and discharge places, and warehouses appointed, set out, existing, or approved as such under any enactment repealed by this Act shall continue until the appointment or approval thereof shall be annulled, varied or altered.

3. FOR the purpose of this Act, and in construing the same, the Interpretation.

several terms and expressions following (when not inconsistent with the context or subject matter) shall have the several meanings, and include the several matters and things hereinafter prescribed, and assigned to them (that is to say):-

" Articles" shall include any live animals chargeable with

duty.

" British Possession " shall include Colony, Plantation, Island, Territory, or Settlement belonging to Her Majesty.

" Collector " shall include Sub-Collector, or other acting Officer of Customs, or any officer authorised by the Col- lector to act for him or on his behalf at any port or place.

" Customs Act," " Law of Customs," shall be construed to mean this or any other Act at any time in force within Western Australia relating to Customs, trade, and navi- gation.

" Drawback " shall include Bounty.

" Foreign " shall mean any place other than Western

Australia, unless the context shall be repugnant to that construction.

" Goods " shall be construed to mean all kinds of goods, wares, merchandise, and other articles, and shall include any live animals liable to duty.

55° VICTORLE, No. 31.

Customs Consolidation Act, 1892.

" Governor " shall mean the Officer for the time being administering the Government of the Colony of Western Australia, acting with the advice of the Executive Council.

" Importer " shall mean, include, and apply to any owner or other person for the time being possessed of or beneficially interested in any goods at and from the time of the importation thereof until the same are duly delivered out of the charge of the Officers of Customs.

" Master " shall be construed to mean the person having or taking charge or command of any ship or vessel.

" Minister " shall mean the Colonial Treasurer of Western Australia or the Responsible Minister of the Crown for the time being appointed by the Governor to administer this Act.

" Officer " shall mean and include all persons employed in any capacity hi the service of the Customs in Western Australia, under this or any other Act relating to the Customs.

" Parts beyond the Seas " shall mean any place out of Western Australia.

" Package " shall mean any parcel, bundle, box, truss, bale, case, crate, bag, or any other mode, vessel, covering, or enclosure in which goods may be packed, enclosed, or contained.

" Place " shall mean and include any portion of the terri- tory of Western Australia.

" Port" shall mean any place duly proclaimed as such, under any Act relating to the Customs, and shall include any sub-port.

" Police Officer " or " Officer of Police " shall include police

constable.

" Private Warehouse " shall mean any building, premises, or place, duly licensed under the authority of this or any of the repealed Acts, in which goods being the property only of the licensee of such buildings, premises, or place entered to be warehoused by such licensee may be lodged, kept, and secured without payment of duty. " Proper Officer " shall mean the person appointed by the

Governor or the Minister for the particular duty, service, or purpose in connection with which the expression is used, or the Officer acting by direction of the Collector in the performance of any duty relating to the Customs.

55" ITICTORI1E, No. 31.

Customs Consolidation Act, 1892.

" Public Warehouse " shall mean any building, premises, or place provided by the Crown in which goods entered for the Warehouse , upon importation may be lodged, kept, and secured without payment of duty.

" Queen's 'Warehouse " shall mean any building, premises, or place provided by the Crown for lodging goods of any kind for the securing of the Customs, or any other purpose.

" Seaman " shall mean any person being one of the crew or

company of any ship or vessel.

" Ship " shall mean a ship or vessel of any description, unless used to distinguish a ship from a sloop or other descrip- tion of vessel.

" Warehouse " shall mean and include any Public or

Private Warehouse.

PART IL—MANAGEMENT AND OFFICERS.

4.      THE Colonial Treasurer or other responsible Minister of the

Crown appointed to administer the Customs Acts, hereinafter styled Etssi to the collection of all duties of Customs, Excise, or any other description of tax levied under any Act of the Parliament of Western Australia relating to Customs or Excise, and of all drawbacks and allowances now imposed or allowed by law, or which may hereafter be imposed or allowed by law, and of all matters regulated by this or any other Customs Act ; and such duties, drawbacks, and allow- ances shall be ascertained, raised, levied, collected, paid, recovered, allowed, and applied, m appropriated under the provisions of the laws for the time being in force relating thereto.

" the Minister," shall have the general control of the Customs

5.      IT shall be lawful for the Governor to appoint any person or G overnor to appoint

persons to execute the duties of the several officers necessary to the officers.

due management and collection of the Customs, and all matters

concerned therewith, and also, as occasion may require, to remove

any such person or persons from his or their office or offices, and

appoint another or others in his or their place and stead ; all such

persons appointed as aforesaid shall be -paid such salaries as may

from time to time be voted by Parliament.

6. EVERY person employed on any duty or service relating to sa sstoelinnsp itooto in

C , , igaon y e orers or we con- tPhe b the orders with the

Customs trade or nav ti

the

thor

currence of the Minister (whether previously or subsequently deemed officers.

expressed) shall be deemed to be the officer for that duty or service,

and every act, matter, or thing required by law to be done or per-

55" VICTORT1E, No. 31.

Customs Consolidation Act, 1892.

formed by, to, or with any particular officer nominated for such purpose, if done or performed by, to, or with any person appointed to act for or in behalf of such particular officer, shall be deemed to be done or performed by, to, or with such particular officer ; and every act required by law to be done at any particular place within any port, if clone at any place within such port appointed by the Minister for such purpose, shall be deemed to be done at the par- ticular place so required by law.

7.

EVERY person who shall be appointed to any office or employment in the service of the Customs under the control of the Minister shall, at his admission thereto, make the following declaration, that is to say :—

Declaration by

officer.

" I, A. B., do declare that I will be true and faithful in the " execution, to the best of my knowledge and power, " of the trust committed to my charge and inspection "in the service of Her Majesty's Customs, and that I "will not take, require, or receive any fee, perquisite, " gratuity, or reward, whether pecuniary, or of any sort " or description whatsoever, either directly or indirectly, " for any service, act, duty, matter, or thing done, or " performed, or to be done or performed in the execu- " don or discharge of any of the duties of my office or " employment on any account whatever, other than my " salary, or what is or shall be allowed me by law, or by " any special order of the Governor, or the Minister."

8.      IF any officer, clerk, or other person acting in any office or

Dreoliseal of officer employment in or belonging to the Customs in Western Australia en taking g unauthor-

shall take or receive any fee, perquisite, gratuity, or reward, whether pecuniary or of any other sort or description whatsoever, directly or indirectly, from any person, on account of any thing done or to be done by him, or in any way relating to his said office or employment (except such as he shall receive by law or under any order or permis- sion of the Governor or the Minister), every such officer, clerk, or other person so offending shall (but subject to the provisions of this Act or of any Act for the time being in force relating generally to the Public Service of Western Australia), on proof thereof to the satisfaction of the Governor, be dismissed from his office ; and if any person shall give, Offer, or promise to give, any such fee, perquisite, or reward, such person shall, for every such offence, forfeit a sum not exceeding One hundred pounds nor less than Ten pounds.

9.      THE Minister may from time to time appoint the hours of

hours of attendance b•eneral attendance of the officers of Customs at their proper offices	Minister may appoint
and amsionofauties. and places of employment, and may appoint the times during such

55" VICTORIZE, No. 31.

Customs Consolidation Act, 1892.

hours at which any particular parts of the duties of any such officers shall be performed, and at which all or any of the offices, sheds, and warehouses shall be opened or closed; and the Collector may, with the approval of the Minister, from time to time require the attend- ance of any such officers either before or after such hours of general attendance, and during such time as he may think proper.

10.

IT shall be lawful for the Governor from time to time to fix a scale of remuneration to be payable by importers and others for	Governor to fix over-
time rates.
the services of the various Officers of Customs of the various grades for their attendance before or after the hours appointed under the provisions of the last section, when such attendance is for the benefit or convenience of such importers or other persons.

NO Collector, officer, clerk, or other person acting in the management or collection of the Customs shall be compelled to serve Public oftices. m or assume the office of a mayor or constable, or to act in any corporate, municipal, or other public office, or to serve on any jury. Eton from

11.

12.

NO day shall be kept as a public holiday by the Customs, except Christmas Day, Good Friday, Easter Monday, and any day Ho	days.
appointed by order of the Governor as a public holiday.

13.      IT shall be lawful for the Minister to remove any officer

to remove

from one

rom one port or place to any other port or place in Western officers.

Australia, or to require any officer to perform any duties which the

Minister may deem fit.

PART M.—COLLECTION OF DUTIES.

ALL duties of Customs shall be imposed, paid, and Duties established, and in all cases where such duties are imposed according standard weights „to he atria

14.

received according to the standard weights and measures by law acing°

an measures.

to any specified quantity, the same shall be deemed to apply in the

same proportion to any greater or less quantity.

15.

IN all cases where new duties of Customs or other duties under the management, collection, or control of the Minister are or

when now duties

are imposed former

ones to continue

may be imposed by any Act or Acts, the former duties shall be

until new duties are

and continue payable until such new duties imposed in lieu thereof

chargeable.

shall become chargeable, save and except in cases where the Act or Acts imposing such new duties shall otherwise provide; and all moneys arising from any duties of Customs or any arrears thereof on account of any goods whatever imported into or exported from Western Australia under any former Act, although computed under such former Act, and whether secured by bond or otherwise, shall be levied and appropriated in the manner prescribed by this Act.

55° VICTORI2E, No. 31.

Customs Consolidation Act, 1892.

16.      ALL goods whatsoever, which now are or may be deposited

Goods in warehouse

to be subject to	in any warehouse without payment of duty upon the first importation
duties chargeable at	thereof, or which may have been imported, shall, upon being entered
time of clearance
from the warehouse.	for home consumption, be subject to such and the like duties as may at the time of passing such entry be due and payable on the like sort of goods under any Act or Acts passed for imposing any duty or duties of Customs which shall or may be in force at the time of passing such entry, save and except in cases where special provisions shall be made in any such Act or Acts to the contrary.
PART IV.—APPOINTMENT OF PORTS, QUAYS AND WHARFS, AND

LANDING PLACES.

17.      THE Governor may establish any port or sub-port and

Governor may ap-

declare the limits thereof, and appoint proper places within the

ports.

same to be legal quays or wharfs or landing places for the lading and unlading of goods, and declare the bounds and extent of any such quays or wharfs or landing places, and may annul the limits of any port, sub-port, or legal quay or wharf or landing place already appointed or to be hereafter set out and appointed, and declare the same to be no longer a port, or sub-port, or legal quay or wharf, or landing place, or may alter or vary the names, bounds, and limits thereof.

point quays and

PART V.—DISPUTES AS TO DUTY PAYABLE ON GOODS.

In case of dispute 18. IF any disputes shall arise as to the rates of duty payable in

importer to pay

respect of any goods imported into Western Australia, and admis-

duty.

sible for home consumption, the importer, or consignee, or his agent, shall deposit in the hands of the Collector at the port of importation the amount of duty demanded by such Collector, and such deposit shall be deemed and taken to be the proper duty payable in respect of such goods, unless an action shall be brought or commenced by the importer of such goods, within three months from the time of making such deposit, in the Supreme Court. against such Collector, for the purpose of ascertaining whether any and what amount of duty is due and payable upon such goods ; and upon payment of such deposit, and passing a proper entry of such goods by the importer, consignee, or agent, such Collector shall thereupon cause the said goods to be delivered in virtue of such entry.

16. IN case no such action shall be brought within the time

Action to be brought hereinbefore limited for that purpose, such deposit shall be appliedto recover duties in case of dispute. to the use of Her Majesty in the same manner as if the same had

been originally paid and received as the duty due and payable on such goods, and in case such action shall be so brought, and it shall

55" VICTORIA, No. 31.

Customs Consolidation Act, 1892.

thereupon be determined by due course of law that the duty so demanded and deposited was not the proper duty due and payable upon such goods, but that a less duty was payable thereon, then the difference between the sum so deposited and the duty so found to be due, or the whole sum so deposited as the case may require, shall forthwith be returned to such importer with interest thereon after the rate of Eight pounds per centum per annum for the period during which the sum so paid or returned shall have been so deposited, and such payment shall be accepted by such importer in satisfaction of all claims in respect of the importation of such goods and the duty payable thereon and of all or any damages and expenses incident thereto, except costs of suit as next hereinafter provided (that is to say): Provided always, that the party to such action in whose favor a verdict shall be given shall be entitled to his costs of suit as between party and party against the other party to such action, such costs to be taxed in the usual way ; and if such verdict shall be given against the plaintiff in such action, the costs so taxed as aforesaid shall be recoverable and recovered against the plaintiff in the same manner as costs in an ordinary action in such Court are recoverable by law, but if such verdict shall be given against the Collector, as defendant in such action, the costs so taxed as aforesaid shall be paid out of the Consolidated Revenue.

THE provisions of the last two preceding sections shall not apply to any goods which may be detained or seized for under- g to goo toto apply

20.

goods seized for

valuation, or in respect to which, in the opinion of the Minister, any under-valuation.

attempt to evade the payment of duty has been made.

Rain VI.—As TO SETTLEMENT OF CASES BY THE MINISTER.

IF in any port, or sub-port, or place in Western Australia, any dispute arise between any master or owner of any ship, merchant,	Settlement of
disputes.
importer, consignee, shipper, or exporter of goods or his agent, and any Officer of Customs, with reference to the seizure or detention of any ship or goods, or to any apparently accidental omission, breach, inadvertency, or non-compliance with the laws or regulations relating to the Customs, the Minister may (by and with the consent of such master, owner of any ship, merchant, importer, consignee, shipper, or exporter of any goods or Ins agent) determine the same as he deems just ; and if the Minister be of opinion, upon consider- ation of the facts and circumstances out of which such dispute has arisen, that any fine, penalty, or forfeiture has been incurred by any such master, owner, merchant, importer, consignee, shipper, exporter, or agent, he may order that such fine, penalty, or forfeiture be imposed or enforced, or that such fine, penalty, or forfeiture be mitigated, or that the whole or a portion thereof be remitted.

21.

55° VICTORLE, No. 31.

Customs Consolidation, Act, 1892.

22.       EVERY such order shall be final, and shall in case any fine,

Minister's order to penalty, or forfeiture, or mitigated fine, penalty, or forfeiture be

be final.

imposed thereby, or be thereby adjudged to be paid or enforced,

Force as an order of	have the same effect as a legal conviction for a fine, penalty or forfeiture by Justices; ; ana copy of such order shall be served upon
Justices in Petty

Sessions• the person adjudged to pay such fine, penalty, or forfeiture, or d

mitigated fine, penalty or forfeiture, either personally or by post, or by leaving the same at his last known place of abode or business ; and in case of non-payment within one week after such service

Justice may enforce

upon production of such order to any Justice, he shall enforce the

order of Minister.

same in the same manner as that in which fines, penalties, and

forfeitures imposed by Justices may be lawfully enforced.

THE Minister may, at his discretion, summon the parties to any such dispute as aforesaid to appear before him and shall have and exercise, while engaged in the conduct of any inquiry into any such dispute, and to as full an extent as the same are for the time being exercised by any Justices in Petty Sessions, all necessary powers and authority to enforce order and propriety of conduct.

23.

Power to keep

order.

IN any of the foregoing cases, or whenever it may be necessary for the Minister or his officers to institute any inquiry to ascertain the truth or facts with respect to any complaint or matter relating to any business under his management or control or incident thereto, or the conduct of officers or persons employed therein, such inquiries shall be made or conducted by the Minister, or by an Officer of Customs appointed for the purpose by him, and when upon any such inquiry, proof on oath is required by the person conducting the same, such person may administer such oath to any person attending before him; and if any person examined as a witness before such person be convicted of giving false evidence on his examination on oath before such person conducting such inquiry, every such person so convicted shall be deemed guilty of perjury, and shall be liable to the pains and penalties thereof.

Power to administer 24.

oaths.

UPON any such inquiry or examination, it shall be lawful for the Minister or officer appointed as aforesaid to summon any person required as a witness to appear before the Minister or officer to attend on the hearing thereof, at the time and place to be specified in such summons, to give evidence upon oath of the truth of any facts appertaining to such inquiry or any other matter touching or relating thereto ; and any person so summoned, having his reasonable expense for such attendance, if required, paid or tendered to him at the time of the service of such summons, who neglects or refuses to appear according to the exigency thereof, or who, having so appeared, refuses to take the oath, or to give evidence, or to answer according to the best of his knowledge and belief any question when thereunto

25.

Power to summon

witness.

55" VICTORIZE, No. 31.

Customs Consolidation Act, 1892.

required, shall, for every such default or offence, forfeit the sum of

Twenty pounds.

28. THE Minister may from time to time make such rules and . . Mimstar may make

orders for the proper conduct of such inquiries as aforesaid as may miles

be expedient and as, in his judgment, are necessary and proper ; and

such rules and orders shall be observed on the conduct of such

inquiries.

PART VII.—IMPORTATION.

APPOINTMENT OF STATIONS AND SUFFERANCE WHARFS.

Boarding and Stations.

THE Minister may from time to time, by order under his hand, appoint stations and places within the limits of any port in Stations	and	wharfs.
Western Australia for ships arriving at or departing from any port or place to bring-to for the boarding or landing of officers of the Customs, and may also appoint places to be sufferance wharfs for the lading and unlading of goods by sufferance in such cases under restrictions and in such manner as lie shall see fit, and may also direct at what particular part or parts of any harbour, dock, quay, or other place in any port, ships laden with any particular cargo shall moor and discharge such cargo.

27.

IT shall be lawful for the Governor, by proclamation, to establish, appoint, and define the limits of any place or places within iGyoNizoncoitzlm tortetso tanblish

28.

the limits of any townsite at which goods coming from any seaport certain places for

town must be landed or placed ; and any person convicted of Navin g landing goodsin

landed or deposited any such goods at any place within any townsite other than that appointed by proclamation as aforesaid (such town- site having a landing place duly appointed by proclamation) shall forfeit and pay, for every such offence, any sum not exceeding Ten pounds : Provided always, nevertheless, that in every case in which goods are required to be landed at any place other than any Goods may be landed	of the places appointed by such proclamation as aforesaid, a special salt poctila	llerifelr	places by
permission may be given by the nearest Collector of such sea-port town for the landing of such goods at the place required: Pro- vided, also, that any person requiring such special permission shall be liable to pay to the Collector granting such permission the smallest amount of rate, due, or charge which he would be required to pay upon such goods if landed at any public lauding place appointed by proclamation as aforesaid.

Importation by Land.

IF any goods liable to the payment of duties shall be imported into Western Australia by land Customs or other duties hind whou- Goods it t imported

29.

, payby .

55° VICTORIA:, No. 31.

Customs Consolidation Act, 1892.

not being first paid or secured, or if any prohibited goods whatsoever

ment of duty and

prohibited goods

shall be imported by land into any part of Western Australia, then

to be forfeited.

and in such case all such goods as aforesaid shall be forfeited, together with all horses and other animals and all carriages and other things made use of in the removal of such goods ; and every person who shall import or be aiding, assisting, or otherwise con- cerned in the importing, or who shall knowingly harbor, keep, or conceal, or shall knowingly permit or suffer to be harbored, kept, or concealed any such goods, shall forfeit either treble the value thereof or a penally not exceeding One hundred pounds, at the election of the Minister.

Prohibition, Entry, Examination, Landing, and Warehousing.

IT shall be lawful to import any goods which are not, by any law in force at the time of importation thereof, prohibited to be so imported, and to warehouse under the laws in force for the warehousing of goods, except as hereinafter provided, in warehouses duly approved for the warehousing of goods, without payment of duty on the first entry thereof, any goods subject to duties of Customs the importation and warehousing whereof is not prohibited by any law in force at the time of such importation.

Importation and 30.

warehousing.

31.     IF upon the first levying or repealing of any duty, or the

Time of importation first permitting or prohibiting of any importation, or at any other

and arrival defined.

time or for any of the purposes of this or any Customs Act, it shall become necessary to determine the precise time at which an importation of any goods shall he deemed to have had effect, such time shall be deemed to be the time at which the ship importing such goods had actually come within the limits of the port at which it is intended such ship shall, in due course, be reported and such goods be discharged; and if any question shall arise upon the arrival of any ship in respect of any charge or allowance upon such ship, exclusive of cargo, the time of such arrival shall be deemed to be the time at which the report of such ship shall have been, or ought to have been, made.

THE goods enumerated or described in the following table of prohibitions and restrictions are hereby prohibited to be imported or brought into Western Australia save as thereby excepted ; and if any goods so enumerated and described shall be imported or brought into Western Australia contrary to the prohibitions and restrictions therein contained, such goods shall be absolutely and peremptorily forfeited, and may be disposed of in any way the Minister may direct without any further proceedings :-

32.

Prohibitions and

restrictions.

Table of prohibitions Books, plates, maps, photographs, pictures, or lithographs of

and restrictions. any description, or any similar article or publication

55° VICTORI1E, No. 31.

Customs Consolidation Act, 1892.

whatsoever wherein the copyright shall be first subsist- ing, first composed, or written or printed in the United Kingdom or in Western Australia, and printed or re- printed in any other part of the world, as to which the proprietor of such copyright or his agent shall 'have given to the Minister a notice in writing that such copy- right subsists, such notice also stating when such copy- right will expire.

Coin—viz., false money or counterfeit sterling.

Coin of the realm or of any British Possession, or any money

purporting to be such, not being of the established

standard in weight or fineness.

Extracts, essences, or other concentrations not being for medicinal purposes only, of coffee, chicory, tea, malt, hops, or tobacco, except essences or preparations of tobacco to be employed for sheep-washing purposes only, upon which last-mentioned essences or preparations duty shall be paid as on sheepwash tobacco according to a standard to be fixed by the Governor.

Blasphemous, indecent, or obscene prints, paintings, books, cards, photographs, casts, figures, pictures, lithographic or other engravings, or other blasphemous, indecent, or obscene articles.

Infected cattle, sheep, or other animals and hides, skins, horns, hoofs, or any other part of cattle or other animals which the Governor may prohibit in order to prevent any infectious or contagious distemper or disease.

Spirits (not being perfumed or medicinal spirits), unless in ships of fifty tons gross registered tonnage at least and in casks or other vessels capable of containing liquids, each of such casks or other vessels being of the size or content of fourteen gallons at the least and duly reported, or in glass bottles or stone bottles not exceed- ing the size of three-pint bottles and being really part

of the cargo of the importing ship and duly reported.

Snuffs or tobacco, unless in ships of fifty tons gross registered tonnage at least, and in whole and complete packages, each containing not less than sixty pounds net weight, and not containing any other goods, and unless into such ports as are or may be approved by the Governor for the importation and warehousing of tobacco, and unless duly reported.

Cigars and cigarettes, unless in ships of fifty tons gross

registered tonnage at least, and in packages containing

not less than thirty pounds net weight or not less than

55° ITICTORUE, No. 31.

Customs Consolidation Act, 1892.

five thousand in number each, and not containing any other goods, and unless into such ports as are or may be approved as last aforesaid, and unless duly reported.

Opium, unless in ships of fifty tons gross registered tonnage at least, and in whole and complete packages, each containing not less than forty-five pounds net weight, and not containing any other goods, and unless into such ports as are or may be approved of by the Gov- ernor for the importation and warehousing of opium, and unless duly reported.

All refined mineral oils (except gasoline or painters' spirits) which may give off an inflammable vapour at a tem- perature of less -than one hundred degrees of Fahren- heit's thermometer, after being subjected to the test mentioned in the Second Schedule to this Act (or such other test as may be prescribed by the Governor), by any officer or person duly authorised by the Collector for which purpose such samples as may be required may be drawn from the packages containing such oil: Provided, however, that any such mineral oil may be imported or may be delivered by the Customs Depart- ment upon payment of the duty chargeable thereon if it shall have been duly coloured by the admixture of such material and in such proportion as the Governor may prescribe, and that any package containing such oil shall have distinctly marked on the side or top thereof, in black Roman letters of not less than two inches in length and half in breadth, the words " Specially Dangerous."

Any person removing such words " Specially Dangerous " from any package, or selling any such oil without such words as aforesaid being on any package containing such oil, shall forfeit a sum not exceeding One hundred pounds, and the refined mineral oils in respect of which such removal or selling occurred shall be forfeited.

Oleomargarine, butterine, or other similar substitute for

butter.

Any articles or goods bearing names, brands, or marks purporting to be the names, brands, or marks of manu- facturers resident in the United Kingdom of Great Britain, or Western Australia, or any other British Pos- session, such articles or goods not having been made by such manufacturers, and such names, brands, or marks not being accompanied by a statement (having equal prominence with such names, brands, or marks) showing the country in which such articles or goods were pro-

55° ITICTORUE, No. 31.

Customs Consolidation. Act, 1892.

duced or manufactured, or having thereon any words, writing, marks, brands or lettering which would indicate that such goods or articles are of British produce or British manufacture, such articles or goods being, as a matter of fact, the produce or manufacture of some country not being a portion of the British Empire.

Any article or goods, being a manufactured or natural product, the importation of which may be prohibited by order of the Governor.

33. IT shall be lawful for the Governor to prescribe a test to overn or to pre.

in G

be applied applied to refined mineral oils, either in substitution for scribe a test.

addition to the test provided by this Act.

Report of Cargo.

EXCEPT with the consent and under the authority of the proper Officer, no goods shall be unladen from any ship arriving from General provision

parts beyond the seas or coastwise at any port or place in the said inwards.

Colony, nor shall the bulk be broken after the arrival of such ship within one league of the coast thereof respectively, before the due report of such ship and due entry of such goods shall have been made, and warrant granted in manner hereinafter directed, and no goods shall be so unladen except at such times and places awl in such manner, and by such person or persons, and under the care of such Officer or Officers as hereinafter directed; and all goods not duly reported, or which shall be unladen contrary hereto, shall be forfeited ; and if bulk be broken contrary hereto, the master of such ship shall forfeit a sum not exceeding One hundred pounds nor less than Ten pounds ; and if after the arrival of any ship within one league of the coast of the said Colony any alteration be made in the stowage of the cargo of such ship, so as to facilitate the unloading of any part of such cargo, or if any part be stored, destroyed, or thrown overboard, or any package be opened, such ship shall be deemed to have broken bulk.

34.

NO goods whatsoever shall be unshipped from any ship arriving from parts beyond the seas, or shall be landed, or put ashore Time and place of

35.

from any ship, except on such days and during such hours and landing

goods.

subject to such conditions as the Governor by general regulations shall direct or permit, or on special authority given by the Collector, and then only upon depositing the overtime pay clue (if any) for the services of the Officer or Officers of Customs attending, or guarantee- ing the same to the satisfaction of the Collector, nor shall any goods be so unshipped or landed unless in the presence or with the authority of the proper Officer of Customs, and such goods shall be landed at some wharf or place duly appointed for the landing of

55' VICTORIA No. 31.

Customs Consolidation Act, 1892.

goods ; and no goods, after having been put into any ship, boat, or lighter to be landed, shall be removed into any other ship, boat, or lighter previously to their being duly landed, without the permission or authority of the proper Officer of Customs ; and all goods unladen contrary to this or any Law of Customs, or any order or regulation made as aforesaid, shall be forfeited, and all persons concerned, whether directly or indirectly, in the landing of goods before clue entry be passed and warrant granted, or in contravention of such order or regulations, shall severally be subject to a penalty not exceeding One hundred pounds nor less than Ten pounds.

36. AT any time after due report of any ship arriving from parts

After due report and

entry, Sic., goods	beyond the seas at any port or place within Western Australia,
may be landed forth-	and due entry of the goods on the said ship and production to the
with on any day and
at any time, on the	Collector of such port or place of the manifest of the said goods, it
special authority of	shall be lawful for the said Collector at his discretion, upon applica-
the Collector.	tion by the- owner, master, or agent of such ship, or by the owner of the goods or his agent, to grant a special sufferance to the applicant to land forthwith all or any part of the goods at his risk and expense on any day, including Sundays and holidays (in cases of great urgency only), either during the legal hours prescribed by the regulations made under the provisions of the next preceding section or during such other hours as the said Collector may specially author- ise under the provisions of the said section, but subject always to such conditions as to the said Collector may seem fit.

37, IT shall be lawful for the Collector to station an Officer

Officers to be

stationed in ships	on board any ship within the limits of any port in Western
in limits of any ports,	Australia, and the master of every ship on board which an Officer
and to be provided
with accommodation.	is so stationed shall provide every such Officer sufficient and proper accommodation in some part of the cabin of such ship for his bed; and in case of neglect or refusal so to do, every such master shall forfeit any sum not exceeding Twenty pounds.

38. THE master of every ship arriving from parts beyond the

Ships, &e., to be

reported on arrival	seas at any port in Western Australia, whether laden or in ballast,
by tbo master.	shall, within twenty-four hours after such arrival, and before bulk be
Third Schedule.	broken, make a report in writing, in the form in Schedule 3 to this Act annexed, or in such form and containing such particulars as the Minister may from time to time by order direct ; and the master shall further answer all such questions concerning the ship and the cargo, the passengers, the crew, and the voyage, as shall be required of him by such Collector ; and if any goods shall be unladen from any ship before such report shall be made, or if the master shall fail to make such report, or shall make an untrue report, or shall fail to comply with such orders or directions made as aforesaid, or shall answer untruly the questions required of him, he shall forfeit,

55" VICTORIX, No. 31. 17

Customs Consolidation Act, 1892.

for each of such several offences, a sum not exceeding One hundred

pounds nor less than Twenty pounds.

39.

GOODS not duly reported may be detained by any Officer of Customs until the same shall be so reported and the cause of the Goods not reported	may be detained.
omission explained to the satisfaction of the Minister, who may thereupon order the said goods to be restored on such terms as he may think proper, and such goods may, in the meantime, should the Collector deem necessary, be taken to the Queen's Warehouse.

40.

THE master of every ship shall, at the time of making such report, deliver to the Collector the manifest of the cargo of such	Master to deliver
manifest.
ship, together with a true copy thereof, and, if required by the Collector, shall produce to him any bill or bills of lading, or a true copy thereof, for any and every part of the cargo laden on board, and the certificate of clearance from her last port of clearance, duly authenticated by the Collector of that port in all cases where by the Law of Customs of any country or colony such manifest and certificate are rendered necessary ; and in case of refusal or failure to produce such manifest, bills of lading or copies aforesaid, and certi- ficate of clearance respectively, or if such manifest, bills of lading, or copies thereof as aforesaid, and certificate of clearance respectively, shall be false, or if any bill of lading be altered by any master or by his direction, or with his privity, and the goods expressed therein shall not have been bond fide shipped on board such ship, or if any bill of lading uttered or produced by any master shall not have been signed by him, or by any owner of such ship or by any accredited agent of any owner of such ship, or if any such copy shall not have been received or made by him previously to his leaving the place where the said goods expressed in such bill of lading or copy were shipped, then and in each and every such case such master shall for- feit and pay, for each and every such offence, a sum not exceeding One hundred pounds nor less than Ten pounds.
When any ship shall be wrecked or cast ashore upon any part of the coast within the limits of Western Australia, the master	In eases of wreck,

or owner thereof shall forthwith make a report inwards of such report

Itnhaestilatioe Custom

ship and cargo, so far as it may be possible for him to do so, at	House.
the nearest Custom House to that part of the coast where such ship shall be wrecked or cast ashore; and if such master or owner shall fail to make such report, he shall forfeit a sum not exceeding One hundred pounds nor less than Ten pounds.

THE master of every ship required to have a manifest on board shall, if required, produce such manifest to any officer who	Master to produce manifest to Officer
shall come on board such ship, after her arrival within one league of	of Customs within
the coast of Western Australia, or within the limits of any port	three miles of coast,
thereof, and who shall demand the same for inspection ; and such	and deliver a copy.

41.

master

55° VICTORLE, No. 31.

Customs Consolidation Act, 1892.

master shall also deliver to any officer a true copy of such manifest signed by the master if required so to do ; and if such master shall not in any case produce such manifest, or shall not deliver such copy, he shall forfeit and pay, for every such offence, any sum not exceeding Fifty pounds nor less than Ten pounds.

42.       THE captain, master, purser, or other person in charge of

port goods. State), having on board any goods laden in parts beyond the seas,sioned ships to re- Captain of commis- any ship (having commission from Her Majesty or from any foreign

shall, on arrival at any port in Western Australia, and before any part of such goods be taken out of such ship, or when called upon so to do by any Officer of the Customs, deliver an account in writing, under his hand, to the best of his knowledge, of the quality and quantity of every package or parcel of such goods, and of the marks and numbers thereof, and of the names of the respective shippers and consignees of the same, and shall make and subscribe a declar- ation at the foot of such account, declaring to the truth thereof, and shall also truly answer to the Collector such questions concerning such goods as shall be required of him; and on failure thereof, such captain, master, purser, or other person shall forfeit the sum of One hundred pounds ; and all such ships shall be liable to such searches as merchant ships are liable to, and the Officer of Customs may freely enter and go on board all such ships and bring from thence on shore, into the Queen's Warehouse any goods found on board such ships as aforesaid,—subject, nevertheless, to such regulations, in respect of ships of war belonging to Her Majesty as shall from time to time be directed in that respect by the Governor.

43.       IF the contents of any package intended for exportation in

Packages reported the same ship, or for transhipment, shall be reported by the master as unknown" •

for re-exportation being unknown to him, the Officer of Customs may open and ex-

for

may be opened. amine such package on board, or bring the same to the Queen's Warehouse for that purpose ; and if there be found in such package any goods which are prohibited to be imported, such goods shall be forfeited, unless the Minister shall permit them to be exported.

WHEN any ship shall arrive within the limits of any and shall not bring to on being approached and hailed, or otherwise signalled by any boat belonging to Her Majesty's Customs hoisting and carrying the Custom House flag (such flag having been ap- proved by the Governor), the master of such ship shall forfeit and pay a sum not exceeding One hundred pounds nor less than Ten pounds.

44.

On being bailed,	port in Western Australia, or within one league of the coast thereof,
ship to bring to.

45.       IT shall be lawful for any Officer to board any ship arriving

Officers to board

ships. at any port in Western Australia, or being within one league of the

55° ITICTORUE, No. 31.

Customs Consolidation Act, 1892.

coast thereof, and freely stay on board until all goods laden therein shall have been duly delivered from the same; and such Officer shall have free access to every part of such ship, with power to search, rummage, fasten down hatchways, and to mark any goods before landing ; and to lock up, seal, mark, or otherwise secure any goods on board such ship ; and if any place, or box, or chest on board of such ship shall be locked and the keys be withheld, such Officer (if he be of a degree superior to tidewaiter) may open any such box, place, or chest in the best manner in his power ; and if he be a tidewaiter, or only of that degree, he shall send for Ins superior Officer, who may open, or cause to be opened, any such place, box, or chest in the best manner in his power ; and if any goods liable to duty or restricted or uncustomed be found concealed in any way on board any such ship, or any goods, the importation of which is prohibited, they shall be forfeited; and if the Officer shall place any lock, mark, or seal upon any goods on board, and such lock, mark, or seal be wilfully opened, altered, or broken, except by the proper Officer, before due delivery of such goods, or if any such goods be secretly conveyed away, or if the hatchways or entrances to the hold, after having been fastened down by the Officer, be opened, the master of such ship shall forfeit, for each and every such several offences, a sum not exceeding One hundred pounds nor less than Twenty pounds.

46. IF before the expiration of seven clear working days from iotab. n what time

the date of entry of any vessel in which goods are imported, such IgYe e to be entered

vessel being a sailing vessel, or three clear working days, such vessel and landed.

being a steamer, entry on any such goods shall not be made, or if

any such goods having been entered such goods shall not be landed

before the expiration of the seven clear working days or three clear

working days, as the case may be, or within such further period, in

either case, as the Collector may direct, the Officers of Customs may

convey such goods to the Queen's -Warehouse, and whenever the

cargo of any such vessel shall, with the exception only of a small quantity of goods, be discharged before the expiration of the said seven days or three days, as the case may be, or within such further period as aforesaid, in either case the Officers of the Customs may forthwith convey such remaining goods to the Queen's Warehouse, and the said Officers may, at any time before the expiration of the said seven days or three days, as the case may be, convey to the Queen's Warehouse any small packages or parcels of the goods imported, there to remain for entry during the remainder of the said seven days or three days, unless duly entered in the meantime ; and if duties which may be payable in respect of any goods so conveyed to the Queen's Wmehouse, or any charges of removal or warehouse rent in respect thereof, shall remain unpaid for six months, or such longer time as the Collector

55° VICTORLE, No. 31.

Customs Consolidation Act, 1892.

may direct after the expiration of the said seven days or three days, or further period aforesaid, as the case may be, such goods may be sold, and the proceeds of such sale applied first to the payment of such duties, and next of such rent and charges, and next of freight, and the overplus, if any, shall be paid to the proprietor of the goods on his application for the same: Provided always, that if any goods so conveyed to the Queen's Warehouse shall be of a perishable nature, the Collector may forthwith, after the expiration of the said seven days or three days, or such further period as aforesaid, as the case may be, direct the sale thereof and apply the proceeds in like manner.

47. WHENEVER any imported goods shall remain on board

When imported

goods remain on	the importing vessel after the expiration of seven clear working days
board after limited	from the date of the entry of the vessel, being a sailing vessel, or
time, ship may be
detained until ex-	three clear working days, such vessel being a steamer, or of such
penses of watching	further period in either case as the Collector may direct, such vessel
goods are paid.	shall be detained by the proper Officer of Customs until all reason- able expenses of watching or guarding the goods beyond the said seven days or three days, as the case may be, or such further period as aforesaid in either case, and of removing the goods, or any of them, to the Queen's Warehouse, in case the officers shall so remove the same, be paid.

Entry to ho dolivered 49. ANY importer or his agent entering any goods inwards,

to Collector.

whether for payment of duty or to be warehoused upon the first perfect entry, or for payment of duty upon the taking out of the warehouse, or whether such goods be free of duty, shall deliver to the Collector a bill of the entry of such goods, fairly written in part and fairly printed in part, and in words at length, according to one

Fourth Schedule.

of the forms in Schedule 4 to this Act annexed, or in such form or forms as the Minister from time to time shall prescribe, and containing the several particulars indicated or required thereby ; and the particulars in such entry shall correspond with the par- ticulars given of the same goods and packages in the report of the ship, and shall state the value of such goods; and the importer or his agent shall subscribe a declaration of the truth of such value, and of the particulars given therein, on the back of such entry.

49. THE importer or his agent shall immediately pay any duty

Importer to pay

duty. which may be payable upon the goods mentioned in such entry to the Collector, and such person shall also deliver at the same time to such Collector duplicates or triplicates, as the case may require, of such entry, in which all sums and entries may be expressed in figures, and the particulars to be contained in such entry shall be written, or partly written and partly printed, and arranged in such form and manner, and the copies of such duplicates or triplicates

55" vicTorax, No. 31.

Customs Consolidation Act, 1892.

shall be such and so many, as the Minister may require ; and such entry being duly signed by the Collector shall be forthwith trans- mitted to the proper officer, and be his warrant for the landing and delivery of such goods.

IF any goods liable to duty on importation which are specified or included in the inward report or manifest of any ship	As to payment of
duty on goods in manifest but not
shall not be produced to the proper Officer, or shall not be found in	produced or landed.
the cargo of such ship which may have been landed therefrom, the master of such ship shall, on demand by the Collector, pay the duty thereon, unless such goods are duly accounted for to the satisfaction of such Collector.

50.

51.

NO entry, nor any warrant for the landing of any goods, or for the taking of any goods out of any warehouse, shall be	Entry not valid if
goods not properly
deemed valid, unless the particulars of the goods and packages in	described.
such entry shall correspond with the particulars of the goods and packages purporting to be the same in the report of the ship and in the manifest, where a manifest is required, and in the certificate or other document, where any is required, by which the importation or entry of such goods is authorised, nor unless the goods shall have been properly described in such entry, by the denominations, and with the characters and circumstances according to which such goods are charged with duty, or may be imported ; and any goods taken or delivered out of any ship or out of any warehouse, by virtue of any entry or warrant not corresponding or agreeing in all such respects, or not properly described, the same shall be deemed to be goods landed or taken without due entry thereof, and shall be forfeited.

TI-IF Minister may, by order to be published in the Gov- ernment Gazette, require the production, at the time of entry of Production and

52.

any goods liable to a fixed rate of duty, of the genuine invoice relat- verification ofcon

thg to such goods, and may direct that any such invoice shall be

verified, on the entry of such goods, by a declaration of the importer

or of his duly authorised agent, in such form as the Minister shall

approve.

ALL goods and articles of any kind whatsoever, including passengers' luggage and private effects of every description imported goods to be examined by the

53.

into Western Australia, or being in any warehouse, may be.examined officers.

by any Officer of Customs, at the expense of the owner or importer

thereof.

THE Minister may from time to time, by order to be pub- lished in the Government Gazette, prescribe or vary the form of o f goods. Declaration on entry

54.

55" VICTORI1E, No. 31.

Customs Consolidation Act, 1892.

declaration to be subscribed by any person on the entry of any

goods.

Payment of Duties ad Valorem.

Value of goods, in 55, IN all cases where a duty is imposed upon any goods

certain cases, to be	imported ad valorem, or according to the true and real value of such
verified by declara-
tion of importer or	goods, such value shall be verified at the time of entry by the pro-
agent.	duction of the genuine invoice and by the declaration, in the form hereinafter prescribed, or such other form as may be prescribed under the provisions of the last preceding Section of this Act, of the importer of such goods or of his authorised agent:

is no Health Officer of the port is satisfied that in such port as well as in the adjacent country, there does not exist anas extraordinary contagious, infectious, or epidemic disease which could be transmitted by the vessel, or her crew, or cargo, he may grant to any vessel requiring a bill of health, a certificate under his hand and seal, attesting the fact aforesaid. For every such bill of health, the sum of Ten shillings shall be paid to Her Majesty.

348. SALES of goods forfeited, or otherwise liable to be sold Sales to be by public

under this Act, or any other Customs Act shall be by public auction.

auction, and after such notice as may in any case be specified and

where not specified after reasonable public notice, but subject to

such regulations as may be made in that behalf by the Governor.

349.       ALL rules, regulations, or orders made under the pro- Pules ,flu

visions of this Act or in accordance therewith, or purporting to be of laetsr.

1 to ,flue force

so made, shall have the force of law, and be deemed a portion

thereof.

350.	EVERY person who shall knowingly be guilty of any	order, or regu- F	o
Penalty of ollifisul r

evasion or fraud of, or in respect to, any rule, l n ieu tosurules a ue

lation, made in pursuance of this or any other Customs Act, or obedience

who shall knowingly wilfully act contrary to any such rule, of the neusitlomsnActs.

order, or regulation, shall, in cases where no other penalty is other-

55" VICTORLE, No. 31.

Customs Consolidation Act, 1892.

wise specified or provided for, be subject to a penalty of not less than One nor more than Fifty pounds, and any such penalty may be recovered in a summary manner before any two or more Justices of the Peace.

351.      NO cargo shall be received on board, loaded, worked, or

Prohibition of work

on Sunday. discharged from any vessel within the waters of Western Australia on Sunday or on any public holiday, unless a " permit " shall have been first obtained from the Collector ; and any person offending herein shall be liable to a penalty of not more than Fifty pounds, nor less than Five pounds.

Goods said to be 352. IF any person shall offer for sale any goods under the

"run" forfeited. pretence that the same are prohibited, or have been unshipped, and run on shore, or landed without payment of duty, all such goods (although not liable to any duties, or prohibited) shall be forfeited; and every person selling, or offering for sale, such goods shall forfeit treble the value thereof.

353.       EVERY Collector or other Officer of Customs who allows

allowing payment to	Penalty on collector the payment of duties of Customs to be avoided or deferred for any
be avoided or de- krred.cause or consideration whatsoever, except as may be permitted by

any provision of this Act shall be liable to a penalty equal to the full value of such goods, and the duty accruing thereon, which shall be recoverable in any Court of competent jurisdiction, from him or his sureties, or either of them at the suit of the Attorney General on behalf of Her Majesty ; and any goods on which payment of duty has been so avoided or deferred shall be liable to seizure and be dealt with as goods unlawfully imported into Western Australia.

Duties may be re. 354. THE true amount of Customs duties payable to Her

to Majesty esty with respect to any goods imported into Western Australia, -W

covere as a debt

covered

the Crown.

or exported therefrom, shall, from and after the time when such

duties should have been paid or accounted for, constitute a debt clue .

and payable to Her Majesty, jointly and severally, from the owner

of the goods at the time of the importation or exportation thereof,

and from the importer or exporter thereof, as the case may be; and

such debt may, at any time, be recovered with full costs of suit

any Court of competent jurisdiction in the name of the Collector.

355.       IT shall be lawful for the Governor from time to time,

Persons arriving in

ships from infected	by his order, to require that no person on board any ship
places not to land
before examination.	coming to any port in Western Australia from, or having touched at, any place out of Western Australia where there is reason to apprehend that small-pox, or other highly infectious disease prevails, shall quit such vessel before the state of health of the persons on board shall have been ascertained, on ex-

VICTOltliE, No. 31.

Customs Consolidation Act, 1892.

amination by the Health Officer or other officer appointed for the purpose by the Governor at such port and before permission to land shall have been given by such Officer, whether or not it shall, on or after such examination, be found expedient to order such vessel under the restraint of quarantine, and any person so quitting any such vessel shall forfeit a sum not exceeding One hundred pounds ; and if the master, pilot, or person in charge of such ship, shall not, on arrival at such port, hoist and continue such signals as shall be directed by such order, until the proper Officer shall have given permission to haul down the same, he shall forfeit a like penalty ; and such penalties, or either of them, if incurred, shall be subject to reduction to any sum not exceeding Fifty pounds, and may be recovered by information and summons before a Stipendiary Magistrate or any two Justices of the Peace, who are hereby authorised to reduce the same accordingly, and to commit the offender to prison, in default of payment of any penalty so imposed, for any period not exceeding Six months.

356.       FOR the purpose of carrying out the provisions of this

Act, except as may be otherwise provided, the Minister shall have releasiadna. to alter and revoke the same, and to make others as may be necessary, subject as aforesaid : Provided such regulations, table of fees, scale of rent, and other charges from time to time shall be published in the

power to make regulations, rules and orders, and to prescribe the

forms necessary for carrying this Act into effect, and to fix the table

of fees, rent, and other charges to be demanded and paid under this

Government Gazette of Western Australia.

357. ALL orders, rules, regulations, documents, appointments, Orders, &e., issued

or instruments required or authorised by law to be made or issued by the Minister.

by the Minister shall be issued under the hand of such Minister.

358. THE Governor, or the Minister, as the case may be, by Rex ()cation and

order, may from time to time revoke any order, rule, or regulation, alteration of

or make any alteration in, or addition to, any former order, rule, or orders, &e.

regulation, made by them respectively under any of the provisions

of this or any other Customs Act.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

55° VICTORIX, No. 31.

Customs Consolidation Act, 1892.

SCHEDULES.

SCHEDULE 1.

Section 2.

Session and. Number. Title or Short Title.

7 Vic., No. 5	"An Act to appoint certain places for the landing of Goods"within the limits of Towns, not being Seaport Towns."
8 Vic., No. 1	"An Act to remove doubts as to the liability of certain parties "to pay for landing Goods under special permission at "other places than the appointed landing places."
10 Vic., No. 1	"An Ordinance to renew certain Acts appointing places for "the Landing of Goods within the limits of Towns, not "being Seaport Towns."
24 Vic., No. 5	"The Customs Ordinance, 1860."
25 Vic., No. 12	"An Ordinance to amend The Customs Ordinance, 1860."'
33 Vic., No. 10	" An Ordinance to modify The Customs Ordinance, 1860/ "
42 Vic., No. 21	"The Customs Ordinance, 1860, Amendment Act, 1878."
43 Vic., No. 7	" An Act to further amend ' The Customs Ordinance, 18602 "
46 Vic,, No. 9	"The Customs Ordinance Interpretation Act, 1882."
47 Vic., No. 21	"The Private Bonded Warehouses Act, 1883."
48 Vic., No. 8	"The Customs Ordinance Amendment Act, 1884."
49 Vic., No. 22	"The Customs Act of 1885."

SCHEDULE 2.

DIRECTIONS FOR APPLYING THE FLASHING TEST TO SAMPLES OF

REFINED MINERAL OILS.

The vessel which is to hold the oil is to be of thin sheet iron. It shall be two inches deep and two inches wide at the opening, tapering slightly towards the bottom; it shall have a flat rim with a raised edge one quarter of an inch high round the top ; it shall be supported by this rim in a tin vessel four inches and

Section 32.

55" VICTORI/E, No. 31.

Customs Consolidation Act, 1892.

a half deep awl four and a half inches in diameter ; it shall also have a thin wire stretched across the opening, which wire shall be so fixed to the edge of the vessel that it shall be a quarter of an inch above the surface of the flat rim. The thermometer to be used shall have a round bulb about half an inch in diameter, and is to be graduated upon the scale of Fahrenheit, every ten degrees occupying not less than half an inch upon the scale. The inner vessel shall be filled with the mineral oil to be tested, but care must be taken that the liquid does not cover the flat rim. The outer vessel shall be filled with cold or nearly cold water. A small flame shall be applied to the bottom of the outer vessel, and the thermometer shall be inserted into the oil so that the bulb Shall be immersed about one and a half inch beneath the surface ; a screen of pasteboard or wood shall be placed around the apparatus, and shall be of such dimensions as to surround it about two-thirds and to reach several inches above the level of the vessels. When heat has been applied to the water until the thermometer has risen about ninety degrees Fahrenheit, a very small flame shall be quickly passed across the su rface of the oil on a level with the wire. If no pale-blue flicker or flash is produced, the application of the flame is to be repeated for every rise of two or three degrees in the thermometer. When the flashing point has been noted, the test shall be repeated with a fresh sample of the oil, using cold or nearly cold water as before, withdrawing the source of heat from the outer vessel when the temperature approaches that noted in the first experiment and applying the flame test at every rise of two degrees in the thermometer.

SCHEDULE 3.

REPORT FOR THE POET OF WESTERN AUSTRALIA.

Section 38.

No. of

Passengers.

_ __

ii Where /amid and prubable time of

a sailing.

41 0 a O .

I declare that the above Report and every particular therein is true.

A.B., Master.

Taken before me this day of

C.D., Collector.

55° VICTORI2E, No. 31.

Customs Consolidation Act, 1892.

SCHEDULE 4.

ENTRY FOR GOODS AT VALUE DUTY FREE.

In the Master from

the under-mentioned Goods :—

Section 48.

Marks and Numbers. Packages and Contents. Invoice Value.

I, do declare that I am the

Importer of the Goods mentioned in this Entry, and that I enter them at the value of and that the several packages contain nothing but the Goods above specified.

Witness my hand this	day of	18 .
Produced before me,

Collector.

DUTY-PAID ENTRY FOR GOODS AD VALOREM.

In the ,Boaster from

the under-mentioned Goods :—

Marks and Numbers. Packages and Contents. Invoice Value. PZlIitio.

Total... ...

Value for Duty £

Port of

I, A.B., do hereby declare that the invoice now produced is the genuine and only invoice received by me, or which I expect to receive, of all the goods mentioned in this entry and contained in the packages marked, numbered, and described herein, and that the value of such goods mentioned in this entry

and the aforesaid invoice and therein stated as [here state value] was, to the

best of my belief, the fair and real market value of such goods at the time of shipment in the principal market or markets of the country whence the same were exported.

And I further declare that the said goods are properly described in this

entry and in the said invoice, and that nothing has been, on my part, nor to my

55' VICTORI2E, No. 31.

Customs Consolidation Act, 1892.

knowledge on the part of any other person, done, concealed, or suppressed whereby Her Majesty the Queen may be defrauded of any part of the duty lawfully due on the said goods.

Witness my hand this day of

One thousand eight hundred and

A.B.

Declared before me the day of

(Signed) E.D.,

Collector (or other proper Officer).

SPIRIT ENTRY.

18 .

Owner of the Spirits described in this Entry ex

Master, from do hereby enter the same for payment of Duty.

Owner.

Date of Importation. Description of Marks and Liquid Rata

Package. Numbers. DescriPtien. Gallons. Stren gth Gallons. Amount.

Received	Collector.
18 .

Owner of the described in this Entry

ex Master from do hereby enter the same for pay-

ment of Duty, and declare the pa	culars given hereunder to be correct in
every particular :—

Owner or Agent.

Marks and Numbers.	Description.	Produce.	Rate of Duty.	Amount.
Received	Collector.

55° ITICTORLE, No. 31.

Customs Consolidafion Act, 1892.

SCHEDULE 5.

Station.

BILL OF SIGHT.

Port of

Importer's Name

Section H.

Whether British or Port or Place

lar aalo Dock, . I Snows Name. Foreign' It Foreign, Master's Name from whence Ira-

Station. "olli■linag!"

the Country, Portal.

Marks and Nos. Number of Packages, with the best description of the Goods the Importer is able to give,

I, Agent to the Importer of the Goods

above mentioned, do hereby declare that, to the best of my knowledge,

not received sufficient Invoice, Bill of Lading, or other advice, from whence the

quality, quantity, or value of the Goods above mentioned can be ascertained.

Dated this day of 189

Collector. Agent.

SCHEDULE 6.

CERTIFICATE OF GOODS WAREHOUSED.

Port of Fremantle, day of 18 .

has duly warehoused under bond the following Goods

now stored in No. Warehouse ex , Captain

from

Section 135.

QUANTITY.

Spools. TOBACCO.

Marx No. Package. Contenta,

Tare. Not weight.

Deliverable to order by indorsement.

Warehouse keeper.

55" VICTORI1E, No. 31.

Customs Consolidation Act, 1892.

SCHEDULE 7.

ENTRY OUTWARDS.

Port of [Name of port of c3portation.]

SHIP'S NAME. Section 1992.

Tonnage. )(aster's Name. e rr De lath.'

If Foreign, Nameof

If British, Name or Port Country to which she

her Registry. belongs.

Lying at (Name of station or place in port.)

(Signed)

Master or Agent.

Date of entry,

(If ship shall have commenced her lading at

any other port, name of such port.)

SCHEDULE 8.

CONTENT.

Port o

If British, Port of Section 192.

asset Number of

Ship's Name. Registry if Foreign, Name of Master.

N'ig`ida',1goef the Country. Passengers or Troops.

Here state the Particulars according to the above Headings.)

55° VICTORI1E, No. 31.

Customs Consolidation Act, 1892.

SCHEDULE 8.—continued.

Marks and Numbers of Package Quantity and Description of Goods. skippers.

(If any Goods have been reported Inwards for Exportation in such Ship, th ey must be so stated.)

Cleared, Examined,

(Signed)

Searcher.

Dated

I do declare that the above Content is a true Account of all Goods shipped or intended to be shipped on board the above-named Ship, and correct in all other particulars.

(Signed)

Master.

Signed and declared, this day of

before me,

(Signed)

Collector (or other principal °Ulcer of Customs).

SCHEDULE 9.

WESTERN AUSTRALIA.

Port of

Section 192. These are to certify to all whom it may concern, that , Master

or Commander of the burthen tons, mounted with

guns, navigated with men, built, and having

on board

hath here entered and cleared his vessel according to law.

Given under my Hand and Seal of the Customs at the Custom House,

at the Port of	in the
Colony of Western Australia, this

day of 18

Collector.

55" VICTORIIE, No. 31.

Customs Consolidation Act, 1892.

SCHEDULE 10.

WESTERN AUSTRALIA.

Station.

EXPORTS day of 18

In

For Exporter.

Section 195.

Dario, Nos. Quantity mut Description of Goods.

Total Value,

I declare the particulars given above in this entry are correct in every

particular.

Owner or Agent.

SCHEDULE 11.

WESTERN AUSTRALIA.

Station.

EXPORTS—FREE GOODS. day of 189

In the a ship, Master,

For Exporter

Section 203.

Marks anti Nos. Description of Goods. Drachm Mine.

Total number of packages Total Value ... £

I declare the value of the Western Australian Goods above described

to be iC

Agent.

Officer of Customs.

55" VICTORDE, No. 31.

Customs Consolidation Act, 1892.

SCHEDULE 12.

SHIPPING BILL.

Port of

Exporter's Name.

Goods from the Warehouse

Drawback of Customs	(As the case may be).
Transhipment

Section 212. Whether British Port or Place

Ship's Flame. or Foreign ; if Foreign Master's Name. of

the Country. 'Destination.

Imported by the day of 18 , in the

Package Quantity. Quality.

Marks. numbers. or and Value,

Description Description of Goods.

Total Number of 1

Packages Total Value

I deck t the value of the Goods above described to be and

I claim Drawback on (here state the quantity and description of Goods in respect

of which, drawback is claimed).

(Signed)

Exporter or Agent.

Collector (or other principal Officer of Customs) .

Dated clay of

SCHEDULE 13.

For every dray or vehicle to be licensed to carry goods under bond, the fee of £1.

Section 242.

For every vessel or boat used as a lighter for the carriage of goods, the fee of £1.

For every other vessel or boat, the fee of 5s.

550 VICTORIIE, No. 31.

Customs Consolidation Act, 1892.

SCHEDULE 14.

FORM OF INFORMATION BEFORE JUSTICES OF THE PEACE.

Be it remembered that A.B., an Officer of Customs, under the direction

to wit. of the Minister, informs me, the undersigned, one of Her Majesty's Section 296.

Justices of the Peace in and for, &c.

COUNT I.

That C.D. did unship [or was aiding or concerned in unshipping] certain

goods, to wit [here mention the goods generally], contrary to section of "The

Customs Act, 1892," whereby the said C.D. has forfeited the sum being

treble the value of the said goods [or " the penalty of One hundred pounds," as

the ease may be], for which the Minister has elected to sue.

COUNT 2.

That C.D. being [or "not being," as the case may be] a subject of Her Majesty was on board a ship or boat part ("the .carwo of which was thrown overboard or staved or destroyed to prevent seizure, contrary to section of " The Customs

Act, 1892," whereby the said C.D. has become liable to be imprisoned as is therein

directed.

COUNT 3.

That C.D. being [or "not being," as the case sixty be] a subject of Her Majesty

was found or discovered to have been on board a ship or boat contrary to section

of " The Customs Act, 1892," whereby the said C.D. has become liable to

be imprisoned as is therein directed.

COUNT 4.

That C.D. was on board a ship or boat within a port [bay, harbour or river] of Western Australia contrary to section of " The Customs Act, 1892," whereby the said C.D. has forfeited the sum of One hundred pounds.

COUNT 5.

That C.D. did make and subscribe a false declaration [or document] purport- ing to be [here state the nature of the document generally], the same being false and untrue, contrary to section of " The Customs Act, 1892," whereby the said C.D. has forfeited the sum of One hundred pounds.

COUNT 6.

That C.D. did untruly answer a certain question put to him by an

Officer of Customs, contrary to section of "The Customs Act, 1892,"

whereby the said C.D. has forfeited the sum of One hundred pounds.

COUNT 7.

That C.D. did counterfeit or falsify [or " wilfully use when counterfeited" or

" falsified," as the case may be] a certain document purporting to be [here state the

nature of the document generally] contrary to section of " The Customs Act,

1892," whereby the said C.D. has forfeited the sum of One hundred pounds.

COUNT 8.

That C.D. did fraudulently alter [or counterfeit, as the case may be] the seal, signature, initials or mark of [or used by] an Officer of Customs contrary to sec- tion of " The Customs Act, 1892," whereby the said C.D. has forfeited the sum of One hundred pounds.

COUNT 9.

That a certain vessel [or boat], called the whereof C.D. was owner

[or master, as the case may be] was unlawfully used in exporting, importing, ship-

55" VICTORIZE, No. 31.

Customs Consolidation Act, 1892.

ping, unshipping, landing, removing, carrying or conveying certain uncustomed or prohibited goods, to wit [here mention generally the goods], contrary to section of " The Customs Act, 1892," whereby the said C.D. has forfeited the sum of

which the Minister has directed to be sued for in this case.

COUNT 10.

That C.D. was driving or conducting a cart, waggon or other conveyance and refused to stop or to allow the examination thereof when required in the Queen's name, contrary to section of "The Customs Act, 1892," whereby the said C.D. has forfeited the sum of One hundred pounds.

COUNT 11.

That C.D., an Officer of Police, having detained certain goods, to wit [here mention generally the goods] on suspicion of their being stolen, neglected to convey

the same to the proper warehouse [or neglected to give notice thereof to the Minister, as the case may be] contrary to section of " The Customs Act, 1892," whereby the said C.D. has forfeited the sum of Twenty pounds.

COUNT 12.

That C.D. obstructed a person duly employed for the prevention of smuggling contrary to section of "The Customs Act, 1892," whereby the said C.D. has forfeited the sum of One hundred pounds.

COUNT 13.

That C.D. denied the possession of certain foreign goods to [here mention gene- rally the goods] which were afterwards found to be [or " to have been," as the case

may be] in his possession contrary to section of " The Customs Act, 1892,"

whereby the said C.D. has forfeited the sum of	being treble the value
of the said goods, for which the Minister has elected to sue.

COUNT 14.

That C.D. was concerned in importing certain prohibited or restricted goods

to wit [here mention generally the goods], contrary to section of " The Cus-

toms Act, 1892," whereby the said C.D. has forfeited the sum of being

treble the value of the said goods [or "the penalty of One hundred pounds," as

the case may be], for which the Minister has elected to sue.

COUNT 15.

That C.D. was concerned in unshipping [shipping, harbouring, or having pos- session of] certain prohibited, restricted or uncustomed goods, to wit [here mention generally the goods], contrary to section of " The Customs Act, 1892," whereby the said C.D. has forfeited the sum of being treble the value of said goods [or "the penalty of One hundred pounds," as the case may be] for which the Minister has elected to sue.

COUNT 16.

That C.D. was concerned in the illegal removal of certain goods, to wit [here mention generally the goods] from a warehouse or otherwise illegally dealing with

the same after they had been so removed contrary to the provisions of section

of " The Customs Act, 1892," whereby the said C.D. has forfeited the

sum of being treble the value of the said goods [or "the penalty of

One hundred pounds," as the case may be], for which the Minister has elected to

sue.

COUNT 17.

That C.D. was knowingly concerned in evading duties of Customs upon or in

dealing with certain goods, to wit [here mention generally the goods], with intent to

defraud Her Majesty of the duties of Customs in respect thereof contrary to

550  VICTORI2E, No. 31.

Customs Consolidation Act, 1892.

section of " The Customs Act. 1892," whereby the said C.D. has forfeited

the sum of being treble the value of the goods [or " the penalty of One hundred pounds," as the case may be], for which the Minister has elected to sue.

COUNT 18.

That C.D. was concerned in the removal of certain goods, to wit [here mention generally the goods], or otherwise dealing with the same contrary to section

of "The Customs Act, 1892," whereby the said C.D. has forfeited the sum of

being treble the value of the said goods [or "the penalty of One hun-

dred pounds," as the case may be] for which the Minister has elected to sue.

COUNT 19.

That C.D. offered for sale certain goods, to wit [here mention generally the goods], contrary to section of " The Customs Act, 1892," whereby the

said C.D. has forfeited the sum of	beimg treble the value of the
said goods.

COUNT 20.

That C.D. was concerned in the assembling of persons contrary to section

of "The Customs Act, 1892," whereby the said C.D. has become

liable to be imprisoned as therein directed.

COUNT 21.

That C.D. obstructed persons employed for the prevention of smuggling or was concerned in the rescue or attempt to rescue of seized goods or in the des- truction or attempt at destruction thereof contrary to section of

"The Customs Act, 1892," whereby the said C.D. has become liable to be

imprisoned as is therein directed.

COUNT 22.

That certain goods, to wit [here mention generally the goods], were seized on

the day of for being dealt with contrary to section [here

insert the section in figures] of "The Customs Act, 1892," whereby the said goods

have become liable to forfeiture, and that C.D. of has claimed the

same.

Exhibited to and before me)

the day of

in the year of our Lord

Form of 811,110110118 on Information.

T ∎ ■ C.D.

Whereas an information has been exhibited by A.B., an Officer of

to wit. C Customs, under the direction of the Minister, before me, the under-

signed, one of Her Majesty's Justices of the Peace in and for the, &c.

for that, &c.

These are therefore to require you personally to appear before such Justices of the Peace as may be present at in the

of on the day of instant [or next]

at the hour of	o'clock in	the forenoon of the said day to answer the said
information.

Given under my hand and seal at in the of

this day of in the year of our Lord

55° VICTORTJE 9 No. 31.

Customs Consolidation. Act, 1892.

Form of Summons on Information for Condemnation of Seizure.

To of

in the of

j An information having been preferred by A.B., an Officer of Customs,

to wit. under the direction of the Minister, before me, the undersigned, one

of Her Majesty's Justices of the Peace, in and for the	of
for the condemnation of [here state the goods] seized on the	day of

in the year of our Lord for being dealt with contrary to section of

" The Customs Act, 1892," and claimed by you.

These are to require you to appear before such Justices of the Peace as may be present at in the of on the

day of instant [or next] at the hour of o'clock in the forenoon of the said day to show cause why the said goods should not be condemned as forfeited.

Given under my hand and seal at in the of

this day of in the year of our Lord

Form of Summons for Witnesses.

To

1 You are hereby required personally to be and appear on the

to wit. f day of at the hour of o'clock in the forenoon

at in the of before such Justices of the Peace as may be then and there present to give evidence and testify the truth according to your knowledge concerning the facts alleged in a certain information exhibited against C.D. under "The Customs Act, 1892," and herein fail not under the penalty therein provided.

Given under my hand and seal at in the of

this	day of	in the year of our Lord
Form of Conviction.

day of in the

1 Be it remembered that on this

to wit. f year of our Lord at in the of

C.D. is convicted before us, the undersigned, of Her Majesty's Justices of the Peace in and for the Colony of Western Australia, for that he, the said C.D. [here state the offence as in the information] and [where the

party has been convicted of an offence punishable by pecuniary penalty and im- prisonment in default of payment] we adjudge the said C.D. for his said

offence to forfeit and pay the sum of which [if such be the case] we mitigate to the sum of and if the said sum of be not forthwith paid we adjudge the said C.D. to be imprisoned in Her Majesty's gaol at in the said Colony until the same be paid [or where it shall have been

so adjudicated and instead of the words "until the same be paid," the words "for

the period of calendar months unless he shall sooner pay the said sum of "] or [where the party has been, convicted of an offence punishable

by imprisonment with hard labor] we adjudge the said C.D. for his said offence

to be imprisoned in Her Majesty's gaol at in the said Colon y and

there kept to hard labor for the period of calendar months.

Given under hand and seal at in the of

this day of in the year of our Lord

55° VICTORI2E, No. 31.

Customs Consolidation Act, 1892.

Form, of Commitment for Won payment of a Pecuniary Penalty.

To A.B., an Officer of Customs, and to the keeper of the gaol at

to wit. I in the Colony of Western Australia.

C.D. having been this day convicted before us, the undersigned, of Her Majesty's Justices of the Peace in and for the Colony of Western Australia upon the information of A.B., an Officer of Customs, under the direction of the Minister, the said C.D. had forfeited for his said offence the sum ofof having [here state the offence generally and the date thereof] we did adjudge that [adding

if mitigated] which we mitigated to the sum of	which has not been
paid.

These are therefore to command you forthwith to convey the said C.D. to the said gaol at in the said Colony and to deliver him to the said keeper thereof.

And we, the said Justices, do hereby authorise and require you, the said keeper, to receive the said C.D. into your custody and him safely to keep in your said gaol until he shall duly pay the said sum of or be dis- charged according to law [or, if it be so adjudicated, insert instead of what follows the word "gaol" the words "for the period of calendar months, unless he shall sooner pay the said sum of

Given under hand and seal at in the of

this day in the year of our Lord

Form of Contmitim at to Hard Labor.

To A.B., an Officer of Customs, and to the keeper of the gaol at

to wit. I in the Colony of Western Australia. C.D. having been

this day duly convicted before us, the undersigned, of Her Majesty's Justices of the Peace in and for the Colony of Western Australia upon the information of A.B., an Officer of Customs, under the direction of the Minister, of having [here state the offence generally and date thereof] we did adjudge that the said C.D. should for his said offence be imprisoned in Her Majesty's gaol at

in the said Colony and be there kept to hard labor for the period

of calendar months.

These are to command you forthwith to convey the said C.D. to the said gaol and to deliver him to the said keeper thereof, and we, the said Justices, do hereby authorise and require you, the said keeper, to receive and take the said C.D. into your custody and him safely to keep to bard labor in the said gaol for

the period of calendar months.

Given under hand and seal at in the of

this day of in the year of our Lord

Form of Condemnation of Seized Goods.

(Be it remembered that an information having been exhibited by A.B., an

to wit. I Officer of Customs, under the direction of the Minister, before me the undersigned, one of Her Majesty's Justices of the Peace in and for the Colony of Western Australia for the condemnation of [here state the goods] for being dealt with contrary to section of "The Customs Act, 1892," whereby the same became liable to forfeiture, and which said goods having been claimed by Ca., of who was duly summoned to show cause why the same should not be condemned as forfeited, and the forfeiture thereof having been duly proved before us, we do adjudge the same to be forfeited, and do condemn the same accordingly.

Given under hand and seal at in the of

this day of in the year of our Lord

By Authority: RICHARD PETHER, Government Printer, Perth.