Customs Conventions Act 1881 (SA)

ANNO QUADRAQESIMO QUARTO

No. 196.

An Act to authorise the making of Conventions between South Australia and New South Wales, and arrangements between South Australia and Victoria, with reference to Border Duties, and to amend the Law relating to the Duties of Customs and the mode of Collection thereof, and for other purposes.

[Assented to, Jnnuary 6tk, 1881.1

HEREAS at a Conference held at Melbourne, in the months of preamble-

November and December, one thousand eight hundred and eighty, the following memorandum was agreed 'to by the duly- accredited representatives of the Governments of South Australia and New South Wales, that is to say-=&The representatives of New South Wales and South Australia at this Conference

Thousand Five Hundred Pounds, payable quarterly ": And at the Same

agree that the convention entered into between these colonies,

dated the thirtieth day of October, one thousand eight hundred and seventyeight, and which was terminated on the thirtieth day of June last, shall bc brought into operation and continued for a period of three years from the first day of January, one thousand eight hundred and eighty-one, subject to the following modifications, viz. :-That the Colony of South Australia shall increase her duties on imported wines and spirits and on unmanu- factured tobacco to the rate now levied in New South Wales, and shall also increase the duty payable on spirits distilled in the colony to two-thirds of that now levied on imported spirits in New South Wales; and that the yearly s u m to be received by New South wales, in lieu of the collection of the duties, shall be Forty-seven

44' VICTORIB, No. 196.

same Conference the following mmo~"at.ndnrn was agreed to by the

duly-anccredited representatives of the Governmente of South Aus- tralia and VictoGa, that is to say-" The representatives of Victoria and South Australia agree not to collect duties on the border between thaw colonies, but to institute n syetem of permits in accordance with the draft agreement submitted by the Victorian Government and printed as- a South ~ u s t r l i a n ' Parliamentary Paper, No. 130 of 1880 ": And whereas it is expedient to ratify the said several agreements, and to authorise thc making of con- ventions with New South Wales and arrangements with Victoria, pursuant to such resolutions, and for that purpose to amend the law relating to the imposition and mode of collection of the h t i c s of Customs, and by reason of' the exceptional circumstances to give Legislative sanction to the increased duties already collected, and to indemnify the officers of Customs in manner hereinafter provided-

Be it therefore Enacted by the Governor of the Province of

South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present

Parliament assembled, as follows:

PART I.

hrro mambera of	1.	Any two Members of	the Executive Council, acting for and
Executive may m a ~ o

a~nvmti~n~~.	on behalf of South Australia, may make and enter into conventions with any persons acting for and i n behalf of New South Wales, for the purpose of enabling all or any goods, including live-stock, to be imported from South Australia into Kew South Wales, and from New South Wales into South Australia, across their respective borders or boundaries, without the payment of any Customs Duties
or other charges.
Canvmtiona may

atipdate tor ~m to 2, I t may be stipulated by any such convention that during the

bepaid h N e w h t h continuance thereof a certain sum shall be paid by South Australia

Walea.	to New South Wales, and provision may be made for increasing or
diminishing the said sum in any specified events.

8tfpaletions which

may be inserted in 3, Every such convention may contain such stipulations as the

convmtiane.	persons making the same shall deem desirable for effecting the purposes thereof, and in particular, if the persons making the same shall think fit, may contain provisions similar to thosc contained in the conventions validated by The Border Duties Act of 1873," or regulating the like matters.
Periadoi cmventions.	4, Every such convention may bc made for a period not exceeding three years from the date thereof, and there may be inserted in anv such convention any stipulations enabling either party to determine
the convention before the expiration of the period for which the
Bame shall be originally made.
Alteration
mutatson of conven-

.. a deter- 6, Every such convention may be altered or determined by the

Governor, with the consent of any persons acting for and on behalf

tiw.

of New South Wales, but mve as aforesaid, or as may be provided for by such convention, no such convention ahall be liable to altera- tion or detemkation. g. A

44" VICTORIA?, No. 196.

6. A copy of every such convention, and of every alteration. PAW! X.

thereof, shall be published in the Government Guzette, and every gi5",y&Tbe

such convention, and all alterations thereof, shall have the force of puabhea

law, and the operation of all laws and regulations in anywise repug- nant thereto, so far as the same ehall be repugnant thereto, shall be suspended, ao long as any such convention, or any alteration thereof, shall continue in force; and the Treasurer of the said province, during the continuance of any such convention, or any alteration thereof, shall pay such sums as may become payable pursuant thereto, in manner appointed thereby, and a copy of every convention made under the authority of this Act shall be laid before both Houses of Parliament, within fourteen days after the same shall have been entered into, if Parliament shall then be in Session, otherwise within fourteen days after the comrnenccment of its next Session.

7. In the event of the determination of any such convention, before the expiration of the period for which the same shall be	convention to be made Detarmination of
known by Proclama-
tion.

originally	made, such determinkion shall be made known by Pro-
clamation	published in the Governmmt Gazette.

PART 11.

8, The Governor may make any arrangement with the Governor	Power to &
arrangem~nte and

in Council of Victoria to admit of goods being sent thereto from	regulatiom for goods
South Australia, by land over the boundary between the said	croesing tbe lxmier to mid from adjacent
colony and South Australia, without payment of Duties of Customs	colonies without pay-
on their importation into Victoria; and in like manner to admit of	ment of duties.
goods being brought from Victoria into South Australia, by land over the said boundary, without payment of Duties of Customs on their: importation into South Australia. Every such arrangement shall, when published in the Government Gazette, have the same
days of its date, be laid on the tables of both Houses of Parliament,	effect in law as if a portion of this Act, and shall, within fourteen
if then in Session, and if not in Session, then within fourteen days
after the assembling thereof.

Q, When any person desires to take by land over the boundary ~ ~ n n i t s m s y b e

between South Australia and Victoria any goods chargeable with ma

duty on their importation into Victoria, any officer in that behalf

appointed by the Governor may grant to such person a permit

under the provisions of this Act. From and after the date, and

throughout the period on and during which any such permit shdl

entitle the holder thereof to import the goods therein mentioned

into Victoria without payment of duty, o permit of a like character

granted by any duly appointed officer of Victoria shall entitIe the

holder thereof to bring into South Australia from Victoria, by land

over the said boundary without payment of duty, the goods specified

in such permit.

10, No

44" VICTORIA?, No. 196.

Cocstoms Convattoas Act.-1881.

10. No goods shall under the provisions of this part of this Act be

"""P-

admitted into South Auetralia from Victoria without payment of duty, unless the permit for such goods be produced to any officer

of Customs or police in South Australia, who shall at any time

demand to see the same.

Wofmtslo

be mada

11, An exact record of all permits granted by any officer shall be

kept by the officer granting them, together with such partictdars of

the goods in respect of which permits may be granted as any regula-

tions made under the provisions of this Act shall prescribe.

12. At such times and in such manner as shall be fixed by any

arrangement made under the provisions of this part of this Act an

account shall be made up of all goods imported into Victoria and

South Australia respectively, under permits as aforesaid, and if it

shall appear that the amount of Duties of Customs which would have

been chargeable (except for the provisions of this part of this Act) on the goods imported into South .4uetralia under permit from Victoria during the period for which such account is so made up is greater than that on the goods admitted into Victoria under permits from South Australia, then the difference in amounts shall be deemed to be s debt due by the Government of Victoria to South Australia, but if less then the difference shall be deemed to be a debt due by the Government of South Australia to Victoria.

fnsalafparmits. 13. Any officer vested with the power of granting any such

permit shall refuse to =ant the same if he shall have cause to believe that such perm$ is intended to be used for the purpose of forwarding goods across the border between the said two colonies with the intention of taking advantage of the dissimilarity of the respective tariffs of the said colonies, and not for the purposes of bonrf fide border trade.

Pm? XXI, PART 111.

W pa(ion of 14, The Duties of Customs, authorised by Act No. 34 of 1876, to

Aot 34 of 1876, and	be raised, levied, collected, and paid in respect of	the goods specified
W ~ t n ~ O 1 l

duties	in the First Schedule hereto, shall not hereafter be raised, levied,
collected, or paid, and in lieu thereof there shall be raised, levied, collected, and paid unto Her Majesty, for the use of the said pro- vince and support of the Government thereof, the several Duties of Customs set forth in the Second Schedulc hereto.

~naamaity to 16. The Collector of Customs and all officers of Customs are

hereby indemnified, protected, and held harmless against any action, claim, or damage to which he or they might otherwise have been liable by reason of any refusal to deliver any goods imported into the said province on and after the third day of December, one

thousand

440 VICTORIW, No. 196.

--- --

Custow Conventions Ac t .188 l.

thousand eight hundred and eighty, or in bond on that day,	P*+ "1.
without payment of the duties set forth in the Second Schedule hereto, G hthout payment of the dutiea authorised to be levied by any Act in force within the said province at the time of the coming

into operati~n of this Act.

16. The words-'< Note-In a l l cases where duty is charged at p edtlle of to part ~ c t af

per gallon, one dozen reputed quart bottles will be taken as two w d ~	6	.
gallons, and one dozen reputed pint bottles as one gdon," contained at the end of the Schedule to Act No. 34 of 1876, are hereby repealed, so far as regards any of the goods mentioned in the Second Schedule hereto, without prejudice to any act that may have been

done under the authority of	such words.
PART IV. PUT IV.

17. From and after the coming into operation of this Act the duty r h Pm- +

payable upon a l l spirits that may be distilled in the said province b b e i	n	o	h-	~
from grapes, fruit, or wine, shall be Eight Shillings for every gallon &*@&-

in lieu of Six Shillings and Ninepence for every @on heretofore ~ * = ~ ~ t o

charged; and The Distillation Act, 1876," shall hereafter be read g&

and construed as if the words Eight Shillings '* were inserted in

the 40th section thereof in lieu of the words Six Shillings and

N	inepence."
18, The Collector of Customs and other officers of Customs are M t p. M 05~1s.

hereby indemnified, protected, and held harmless against any action, claim, or damage to which he or they might otherwise have been liable by reason of any refusal to deliver any such spirits in bond on or since the third day of December, one thousand eight hundred and	eighty, without payment of the said duty of Eight Shillings for	every gallon thereof, or without payment of the duty authorised
by The Distillation Act, 1876."

PART V. PART v.

19. The Governor may make regulations for carrying out the Regulations.

provisions of this Act, and such regulations, when published in the Government Gazette, shall have the same effect in law as if they were a portion of this Act and shall be judicially noticed. A copy of all such regulations shall be laid on the tables of the Legisletive Council and House of Assembly, if then in Session, within fourteen days of their date, and if not in Session, then within fourteen days of the assembling thereof.

W. b p

6 44" VICTORIW, No. 196.

Cacsdorns Conventions Act.-1 88 1.

PABT v. 20. Any person who shall coutravene any such regulation, shall

for every offence forfeit and pay a penalty not exceeding One Hw&ed Pounds, in Etddition to any other penalty to which he may by law be liable,

AaJaar3 htp be

21. Even person who shall on or before the coming into opera-

tion of this b c t have made or entered into any contract or spree-

sr00aa

-

merit for the sale or delivery at any time thereafter of any goods whereupon any additional duty shall be payable under the pro- visions hereof, or for the sale or delivery of any tobacco manufac- tured in the wid province from imported leaf, shall bc at liberty to add to the price contracted for so much money as will be equivalent to the additional duty which s h d by reason of such provisions have been paid or made payable on such goods, or on such imported leaf tobacco, and shall be entitled by virtue of this Act to be paid the erame accordingly by the purchaser of such goods or tobacco, and to sue for and recover the same against such purchaser: Provided that in every case where the price contracted for shall be so added to, it shall be at the option of such purchaser, by notice in writing under his hand to be served on the other 'party to such contract

within fourteen days after the passing of this Act, to declare the con-

tract null and void, and the same shall be null a d void accordingly.

aadedtoprimgL

Commencameot Qf	22.	This Act shall be deemed to have come into operation on the
A&

third day of December, one thousand eight hundred and eighty.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

SCHEDULES

SCHEDULES.

FIRST SCHEDULE BEFORE REFERRED TO.

Spirits.-Brandy,	rum, gin, whisky, geneva, or strong waters of any kind or strength, including spirituous compounds, bittere, cordials, or strong waters sweetened or mixed with any article not exceeding the strength of proof by Sykes's hydrometer, and so on in proportion for any
greater strength than the strength of proof ........ per d o n 108.

“ Methylated ........................................ 3d.

Tobacco-Unmanufactured .................................. per lb. 9d.

T.Y;,e--Sparkling ........................................... per gallon 6s. ( I

‘‘ Other., ............................................ 48,

SECOND SCHEDULE REFERRED TO.

;G I. d.

On all kinds of spirits, the strength of which can be ascertained by Sykes's

hydrometer-the proof gallon ............................ 0 12 0

On all spirits and spirituous compounds, the strength of which cannot be

ascertained by 8ykes's hydrometer-the liquid gallon ....... 0 12 0

On spirits methyleted-per gallon.. ................................ 0 2 0

Tobacco-Unmanufactured-per lb.. ............................... 0 0

On all sparkling wines--per gallon ................................ 0 10 0

On all other kinds of wines-per gallon ............................ 0 5 0

-W - - - . - - ....... --- --.....=a

Adelaide : Bp authority, E, SPZLBR, Government Printer, North-terrU~.