No. XVI.
An Act for the Establishment of a New Tariff of Customs Duties, and for purposes connected with, consequent upon, and incidental to the purpose aforesaid. [2nd March, 1892.]
| Assembly of New South Wales in Parliament assembled, and by the the advice and consent of the Legislative Council and Legislative authority of the same, as follows :—• | BE it enacted by the Queen's Most Excellent Majesty, by and with |
| 1. This Act may be cited as the " Customs Duties Act of 1891," ' and shall be taken to have come into operation on the second day of' December, one thousand eight hundred and ninety-one. |
| 2. (i) The Import Duties mentioned in Schedule A shall be : levied and collected upon the importation of all goods in the said' Schedule mentioned, and upon all such goods in bond: Provided tha t all duties levied and collected upon the importation of any goods mentioned in the said Schedule A or in Schedule B hereto between the said second day of December, one thoxxsand eight hundred and ninety-one, and the date of the passing of this Act shall be deemed to have been levied and collected under the authority of this Act, and |
that no action or suit shall lie or he instituted against the Collector of Customs or any other person for or in respect of any act, matter, or thing done or omitted or refused to be done by such Collector or person where he might after the passing of this Act lawfully do, omit,
or refuse to do the same act, matter, or thing.
(II) The duty chargeable before the passing of this Act on
tea shall continue to be levied and paid on and after the passing of this
Act up to and inclusive of the twenty-ninth day of February, in the
year one thousand eight hundred and ninety-two; and from the first day of March in the said year such duty shall cease to be levied. And the duty on pig iron shall be levied and paid at the rate, and from the
time, mentioned in Schedule A.
3. There shall be charged on the importation of all goods, described generally in Schedule B , and not being goods exempt from duty under either of the Schedules A or C, the duties mentioned in the said Schedule B .
4. The goods specified in Schedule C shall be exempt from duty.
5. All goods imported for the supply of Her Majesty's service shall be exempt from all duties and imposts of every description what
soever ; and nothing in this Act contained shall be deemed to alter or
repeal the provisions of the " Customs Regulation Act, 1879 . "
0. All contracts or agreements made on or before the second day of December, in the year one thousand eight hundred and ninety-
one, for the sale or delivery of any goods otherwise than in bond, the
duty on which is increased or decreased by this Act, shall be subject to an increase or decrease (as the case may be) in the contract price of such goods, corresponding in rate and amount with the amount of such increase or decrease of duty as aforesaid actually paid.
7. In all cases in which goods shall, after the passing of this Act be chargeable according to the value of such goods, such value shall be verified at the time of entry by the production of the genuine
invoice and by the declaration, in the form hereinafter prescribed, of
the importer of such goods or of his authorized agent: —
Port of
I , A .B. , do hereby declare that the invoice now produced is the genuine and only invoice of the goods mentioned in the entry and contained in the packages marked, numbered and described above, and that the value of such goods mentioned
in the said invoice, and therein stated as [here state value],
was, to the best of my belief, the fair market value of such
| were exported. | goods at the time of shipment at the place whence the same |
| Witness my hand, this | day of | one thousand |
eight hundred and
A.B .
| Declared before me, the | day of |
Collector (or other proper officer).
And such declaration shall be made by the importer or his authorized agent as aforesaid in the presence of the Collector of Customs or other proper officer, and flic invoice value so declared, shall with the addition
of ten pounds per centum thereon be deemed to be the value of the
goods upon which duty shall be paid.
8. Any declaration authorized or required by this Act made
by any shipping clerk or known employee of any importer or owner of
goods liable to duty under this Act shall be held to have been made with the knowledge and consent of such importer or owner of goods, unless the contrary be proved, and in any indictment for a false
declaration
declaration under the two hundred and ninety-eighth section of the
" Criminal Law Amendment Act " the importer, owner of goods, or
person in whose behalf any declaration may have been made shall be
liable to the punishment imposed by the said section for a false
declaration as fully and effectually as if such declaration had been
made by himself,
'.). I f the importer or his authorized agent cannot make the
declaration in the last preceding section set forth, or if upon view and examination of such goods or otherwise it shall appear to the Collector of Customs or other proper officer that such declaration is inaccurate, such Collector of Customs or other proper officer may detain the said goods, and shall subject to the approval of the Colonial Treasurer assess the value thereof as hereinbefore mentioned, and if the importer or his agent shall object to pay duty according to the value of such goods so assessed by such Collector of Customs or other officer, or if the value
of such goods is unknown or uncertain, then the value of such goods
shall be ascertained according to such rules and regulations as the Governor, with the advice of the Executive Council, may from time to time make in that behalf, and the duty shall be paid according to the value so ascertained : Provided that such regulations shall be laid
before both Houses of Parliament within one month after their promul
gation if Parliament shall be then in Session, and if Parliament shall not be then in Session within one month after the commencement of the next ensuing Session.
10. In cases where it is alleged that the genuine invoice cannot
be produced, the Collector of Customs, when he shall think fit, may
examine any importer or his agent, or both of them, upon oath as to the value of any goods liable to duty ad valorem, and may if he think
Jit after such examination dispense with the production of the genuine
invoice aforesaid, and in case such importer or agent shall, upon being
summoned, neglect or refuse to attend for examination, or shall refuse to be sworn, or to answer such questions as shall be put to him by the said Collector, then and in every such case the value of such goods shall be assessed by the Collector of Customs or other proper officer, and such assessed value shall be deemed to be the true and real value thereof; and such importer or agent, or both of them, so neglecting or refusing as aforesaid, shall also be liable to pay a penalty not exceeding twenty pounds.
11. I f the importer of such goods or his agent shall neglect or
refuse to pay the duties imposed thereon, alter such examination and
| assessment as aforesaid, and also the costs of such examination and | assessment, in the event of the valuation being greater than declared |
| on the bill of entry, the Collector of Customs or proper officer shall, |
| subject to the approval of the Colonial Treasurer, take and secure such |
| goods, with the packages thereof, and cause the same to be sold by public auction within the space of twenty days at furthest after such examination, and at such time and place as such Collector or other |
| officer shall, by notice published in the Government Gazette and some local daily newspaper at least four days from the day of sale appoint for that purpose, and the proceeds of such sale shall be applied in the first place in payment of the duties due upon such goods together with |
| the costs and charges incurred by such examination and sale, and in the second place towards payment to the importer or his agent of the declared value of the said goods as entered, together with any freight and charges paid thereon by such importer or his agent, not exceeding ordinary or current rates, and the balance (if any) shall be paid one moiety to the officer who shall have detained and secured the goods and the other moiety to the account of the Consolidated Revenue Fund. |
12. I f upon examination it shall appear to the Collector that the
value of the goods mentioned in any declaration made under the seventh section of this Act has been incorrectly stated in such declaration,
i t shal l he lawful for the said Collector, in lieu of any other proceeding
authorised by this Act but subject to the approval of the Colonial Treasurer to cause such goods to be detained and secured, and (within
five days from the landing thereof) to take such goods for the use of
the Crown, and the said Collector shall thereupon in such case cause the amount of the invoice value stated in such declaration, together with an addition of ten pounds per centum thereon, and also the duties
(if any) paid upon such entry to be paid to the importer or owner of
such goods in full satisfaction for the same, and shall dispose of such
goods for the benefit of the Crown, and the proceeds of such sale shall
be paid into the Consolidated Revenue Fund : Provided, however, tha t the said Collector, if he shall see fit, may permit such importer or owner on his application for that purpose to amend such entry at such
value and on such terms as he, the said Collector, may direct.
| 13. I f in any invoice or entry any goods entered for ad | valorem |
duty have been fraudulently misdescribed, or if from any such invoice
or entry purporting to describe the contents of any package, any goods
shall be found to have been fraudulently omitted with intent to avoid the payment of the duty or any part of the duty on such goods, or if
the declaration made with regard to any" such invoice or entry is wil- fully false in any particular, the goods so misdescribed, or in respect of
which such declaration is wilfully false as aforesaid, shall be forfeited.
14. In order to assist the Customs officers in ascertaining the
value of goods subject to ad valorem duty, the Collector of Customs
m a y obtain the assistance of one or more persons well acquainted in the opinion of the Collector as aforesaid with the character and value
of such goods to act as experts at any port or place, and who, when
required by the said Collector or other proper officer, shall assist in assessing the true value of such goods after the entry thereof, and
such valuator or valuators shall be paid for their services as the
Colonial Treasurer may direct.
15. All fines, forfeitures, penalties, and charges recoverable
under this Act, excepting the proceeds of sale of goods under section eleven, may be recovered and applied in the manner directed by the Customs Regulation Act in force for the time being.
16. The term "Proper Officer" in this Act means any Sub-
Collector or other principal officer of Customs at any port or place, or
| any officer having authority from the Governor- in- Council, or from the | Collector of Customs for the particular duty or purpose in connection |
| with which such term is used. |
| 17. All powers and authorities conferred by the Customs Regu lation Act in force for the time being upon the Collector, or any other officer of Customs, may be exercised and enforced by such officers in |
| t h e administration of this Act. |
18. The " Customs Duties Act of 1887 " shall be repealed from
and after the second day of December, in the year one thousand eight hundred and ninety-one. But the repeal hereby enacted shall not
affect the past operation of the said Act, or anything lawfully done or
commenced thereunder.
S C H E D U L E S .
S C H E D U L E S .
S C H E D U L E A.
s. d.
Arrowroot, baking powder, yeast custard and egg powders, self-raising flour, barley—prepared or patent--patent groats, corn-flour, maizena, and farinaceous foods prepared—not being wheaten flour or oatmeal, or
| otherwise exempted | ... | ... | ... | ... | ... | per lb. | 0 | 1 |
| Milk—condensed or preserved | ... | ... | ... | ... | ... | per lb. | 0 | 1 |
| Butter and lard | ... | ... | ... | ... | ... | ... | ... | per lb. | 0 | 2 |
| Butterine and oleomargarine | ... | ... | ... | ... | ... | per lb. | 0 | 6 |
Pish—dried, preserved, or salted, and fish paste, meats—poultry,
soups, and game, potted paste, dried or preserved, and
| not otherwise charged ... | ... | ... | ... | ... | per lb. | 0 | 1 |
| Gelatine, glue, and size | ... | . . . | ... | ... | ... | .. | per lb. | 0 | 1 |
| Honey | ... | ... | .. | ... | ... | ... | ... | ... | per | lb. | 0 |
| Starch and starch powder, rice flour and ground rice, semolina | per lb. | 0 | I |
| Vegetables—preserved (not otherwise charged), salted in brine |
| or salt water, mushrooms and tomatoes preserved ... | per lb. | 0 | 1 |
| W a x and stearine ... | ... | ... | ... | ... | ... | per lb. | 0 | 1 |
Jams and jellies per lb., or reputed package of that weight.
| and so in proportion for any such reputed weight ... | peril). | 0 | 2 |
| Preserves and canned fruits | ... | ... | ... | ... | ... | per lb. | 0 | 2 |
| Candles—per lb., or reputed package of that weight, and so in proportion for any such reputed weight, and night lights | per | lb. | 0 | 11/2 |
| Biscuits, bacon—and bacon partially cured or green—cheese, |
| hams—ham and ham potted, and meat extract | ... | per lb. | 0 | 2 |
| Confectionery—cakes, | comfits, | liquorice, | liquorice | paste, |
lozenges of all kinds, cocoanut in sugar, sugar-
| candy, suceades. and sweetmeats | ... | ... | ... | per lb. | 0 | 2 |
Chicory, Dandelion, and Taraxacum—
| Raw or kiln-dried | ... | ... | ... | ... | ... | ... | per lb. | 0 | 3 |
| Roasted, ground, or mixed with any other article | ... | per lb. | 0 | 6 |
| Coffee—Roasted, ground, or mixed with any other article | ... | per lb. | 0 | 6 |
| Cocoa—Prepared paste or mixed with any other article | ... | per lb. | 0 | 4 |
Chocolate—Plain or mixed with any other article, and chocolate
| creams | ... | ... | ... | ... | ... | ... | ... | per lb. | 0 | 4 |
| Tea—(Until March 1st, 1S92) | per lb. | 0 | 3 |
| On and from that date | ... | ... | ... | ... | ... | ... | Free. |
Tobacco—delivered from ship's side or from a Customs bond
for home consumption—manufactured, unmanufac
| tured, and snuff... | ... | ... | ... | ... | ... | per lb. | 3 | 0 |
Tobacco—unmanufactured, entered to be manufactured in the
| Colour. At the time of removal from a Customs |
bond or from an importing ship to any licensed manu factory for manufacturing purposes only into tobacco,
| cigars, and cigarettes | ... | ... | ... | ... | ... | per lb. | 1 | 0 |
| Tobacco—sheep wash | ... | ... | ... | ... | ... | ... | peril). | 0 | 3 |
| Cigars | ... | ... | ... | ... | ... | ... | ... | ... | per lb. | 6 | 0 |
| Cigarettes (including wrappers) ... | ... | ... | ... | ... | per lb. | 6 | 0 |
| Timber— |
| Dressed | per 10O ft. superficial 3 | 0 |
| Rough and undressed (with the exception of ash, hickory, |
| and oak) | per 100 ft. superficial 1 | 6 |
| Palings | per 100 | 1 0 |
| Laths | per 1000 | |
| Shingles | per 1000 | |
| Pickets, dressed | ... | per 100 ft. superficial | 3 | 0 |
| Doors, sashes, and shutters... | ... | ... | ... | ... | each | 2 | 0 |
Sugar—
| Raw | ... | ... | ... | ... | ... | . . . | ... | ... | per cwt. | 5 | 0 |
| Molasses and treacle | ... | ... | ... | ... | ... | per cwt. | 3 | 4 |
Glucose—
| Liquid and syrup | ... | ... | ... | ... | per cwt. | 3 | 4 |
| Solid | ... | ... | ... | ... | ... | . . . | ... | ... | per cwt. | 5 | 0 |
Spirits—
On all kinds of s p i r i t s and spirituous compounds imported
| and not otherwise enumerated | ... | ... | per proof gallon 11 | 0 |
No allowance beyond 165 shall be made for the under proof of any spirit of a less strength than 1 6 5 under proof.
Case Spirits—Contents of two. three, four, or live gallons
shall be charged—
Two gallons and under as two gallons.
Over two gallons and not exceeding three as three
gallons.
Over three gallons and not exceeding four as four
gallons.
Over four gallons and not exceeding live as five
gallons.
| Methylated spirit | ... | ... | per gallon | 1 | 0 |
Perfumed spirits, perfumed waters, Florida water, and
Bitters, essences, fluid extracts, sarsaparilla tinctures,
medicines, infusions, and toilet preparations, contain-
| Not more than 25 per cent of proof spirit | ... | per gallon | 3 | 6 |
| Not more than 50 per cent, of proof spirit | ... | per gallon | 7 | 0 |
| Not nunc than 75 per cent, of proof spirit | ... | per gallon | 10 | 0 |
| If containing more than 75 per cent, of proof spirit | per gallon | 11 | 0 |
| If containing spirit over-proof to be charged as |
| spirit nous compounds | ... | . . . | . . . | ... per proof gallon 11 | 0 |
"Wines —
| Sparkling—Tor six reputed quarts or twelve reputed pints | 10 | 0 |
| Other kinds—For six reputed quarts or twelve reputed |
| pints | 5 | 0 |
| Other kinds | per gallon | 5 | 0 |
Beer, ale, porter, spruce, or other leer, cider, and perry—
| In wood or jar | per gallon | 0 | (i |
| In bottle | per gallon | 0 | 0 |
| F o r six reputed quarts or twelve reputed pints | . . . | ... | per gallon | 0 | 9 |
Cordials and wines not containing spirit, balm syrup-, fruit essences not spirituous, lime fruit and limejuico cordials, eilronade, raspberry vinegar, aromatic vinegar, raspberry, strawberry, and other fruit acids—
| Reputed q u a i l s | ... | ... | ... | ... | ... | per dozen | 1 | 0 |
| Tints and smaller quantities | ... | ... | ... | per dozen | 0 | 9 |
Oils, except linseed oil raw- or boiled sperm, and black whale,
| palm, and cocoanut | ... | ... | ... | ... | ... | per gallon | 0 | 6 |
Oils, in bottle, except essential oils—
| Reputed quarts | ... | per dozen | 1 | 6 |
| Reputed pints | ... | ... | ... | ... | ... | ... | per dozen | 0 | 9) |
| Reputed half-pint,-i and smaller sizes | ... | ... | . . . | per dozen | 0 | 6 |
| Grease—Axle and lubricating |
| .. . | ... | ... | ... | ... | per ton | 60 | 0 |
| Paints and colours ground in oil | ... | ... | ... | ... | per Ion | 60 | 0 |
| i)rv | colours | . . . | . . . | . . . | ... | per ton | 30 | 0 |
| Varnishes containing spirit | ... | ... | ... | ... | ... | per gallon | 2 | 0 |
| All other varnishes | per gallon | 1 | 0 |
| Naphtha and gasoline | ... | ... | . . . | . . . | .... | . . . | per gallon | 0 | 6 |
| Cement, plaster, and hydraulic lime | ... | ... | . . . | ... | per barrel | 2 | 0 |
| Vinegar, other than aromatic or raspberry | ... | ... | ... | per gallon | 0 | 6 |
| Acetic acid | per gallon | 2 | 6 |
| Sulphuric acid | per cwt. | 2 | 6 |
| AErated and mineral waters—pints and smaller quantities | ... | per dozen | 0 | 6 |
| Oilmen's Stores — |
| Sauces and pie-hies—quarts .... | .. | ... | ... | . . . | per dozen | 1 | 0 |
| Sauces and pickles—pints and smaller quantities... | ... | per dozen | 0 | 6 |