No. XXII.
An Act further to amend the " Act for the General
" Regulation of Customs in New South Wales."
| duty upon Gold" a du ty has been imposed upon Gold which said | WH E R E A S by an d u r i n g th is present Session in t i tu led " An Act for granting a |
| du ty may after t he fifteenth day of F e b r u a r y now nex t be levied upon the expor ta t ion thereof A n d whereas it is expedient to amend t h e A c t |
| of Council passed in t h e n i n t h year of t he re ign of H e r | Majesty | |
| in t i tu led " An | Act for | the | General | Regulation | of Customs in | New | |
| South | Wales " and to m a k e provision for p reven t ing t h e evasion | and | |
| to facili tate t h e collection of t h e said du ty Be i t therefore enacted | by | |
| the Queen ' s Mos t Exce l len t Majesty by and wi th t h e advice and | con | |
| sent of t h e Legislat ive Counci l and Legis la t ive Assembly of N e w | South | |
| Wales in Pa r l i amen t assembled and by t h e au thor i ty | of | t he same | as | |
| fo l lows:— |
| Ac t | of t h e | P a r l i a m e n t | of th is Colony | passed |
| 3. Before any Gold shall be entered to be expor ted a not ice in such form as m a y be provided by t h e Collector of Cus toms signed by t h e expor te r or his agent shal l be delivered to such Collector or o t h e r such pr incipal officer as aforesaid who shall fix t h e t i m e and place for t h e examina t ion of such Gold and a l ter such examina t ion | such |
| 1. F o r t he purposes of th is Ac t t he t e r m | " Gold " | shall | m e a n |
and include such Gold as by t h e first above recited Act is made l iable
| to a du ty upon | expor ta t ion . |
2. The mas te r of every ship bound from t h e Colony shall before depa r tu re if requi red by t h e Collector or o the r pr incipal officer of Cus toms of the por t or place at which such ship shall be produce to h im a bill or bills of lad ing or a copy thereof for any and every pa r t of t he cargo laden on board .
such Gold shal l r ema in in t h e charge of some officer of Customs un t i l it shall have been en te red for expor ta t ion and the du ty payable the reon shall have been paid.
4. Al l Gold in tended for expor ta t ion shal l be placed in boxes or o the r secure packages and on the outs ide of every such box or package shal l be m a r k e d t h e weight of the Gold contained the re in and t h e gross weigh t of such box or package and such boxes or packages shal l after examina t ion be sealed and secured by an officer of Customs
| a t t h e expense of t he | exporter . |
| 5. I t shall be lawful for t he Governor wi th t h e advice of t he Execu t ive Council to n a m e the places at which such examina t ion | as |
| aforesaid m a y be held. |
G. N o Gold shall be exported except from such por t s or sub-
| por t s | as t h e Governor wi th t h e advice of t h e Execut ive Council m a y |
appoin t .
7. I f any Gold shal l be shipped or water -borne to be shipped on board any ship for expor ta t ion before due en t ry of such Gold and p a y m e n t of du ty thereon and due en t ry ou tward of such ship such Gold and all goods which m a y be found in t he same package if any shall be forfeited and any person who shall ship or be aiding assist ing or concerned in t he sh ipment or ca r ry ing of such Gold shall forfeit
| ei ther t reb le t he va lue thereof or a pena l ty of one hund red pounds | at |
| t h e election of t h e Collector or other pr incipal officer of Customs. |
8. Al l Gold found in any boat l ighter or vessel or in any vehicle or in t rans i t upon any beast of bu r then or about the person of any one in charge of any boat l igh ter vessel vehicle or beast of b u r t h e n or in the possession of any person be ing conveyed towards any wharf or l and ing place or towards the coast or frontier of t he said Colony for t h e purpose of being exported con t ra ry to t h e provisions of th i s or t he said reci ted Acts shall be forfeited toge ther wi th such boat l ighter vessel or vehicle or beast of b u r t h e n and all persons who shall aid or assist or be concerned in t he conveyance of such Gold for t h e purpose aforesaid shall each forfeit ei ther t reble the value thereof or a pena l ty
| of one h u n d r e d | pounds a t t h e discret ion of the convict ing | Jus t i ces . |
9. I t shal l be lawful for t h e Governor w i th t h e advice of t he Execu t ive Council to m a k e rules and regula t ions for t h e receipt cus tody and t ransmiss ion of Gold at and from any place in t he said Colony and to remi t in whole or in p a r t t he charges for such custody and t ransmiss ion upon any Gold deposited a t such place for expor ta t ion assay or coinage.
| 10. Al l fines penal t ies and forfeitures recovered unde r this Ac t or any o ther Ac t for t he t ime being in force for t h e general regula t ion of t h e Customs in N e w South W a l e s shal l be paid and applied after deduc t ing t h e charges of prosecut ion and expenses therefrom one moiety to H e r Majesty H e r He i r s and Successors for t h e publ ic uses of t h e Colony and one moiety to the seizing officer b u t in case the re shal l have been any person who shall have given any information which shall have led to any seizure forfeiture or convict ion t h e n the fine penal ty or forfeiture shall after deduct ing t h e charges of prosecu t ion and expenses therefrom go one- third to the person giving such informat ion and one-third to t he seizing officer and one-third to H e r Majesty for t h e publ ic uses of t he Colony and the decision whe the r any informat ion led to such seizure forfeiture or convict ion shall rest |
| wi th | t he adjudicat ing | Jus t ices . |
1 1 . Al l t h e provisions of t he above-ment ioned Act of Council
of the n i n t h year of H e r Majesty 's re ign hav ing reference to t h e impor ta t ion of goods upon which du ty is payable upon the i r impor ta t ion into th is Colony a n d all t he regula t ions and provisions contained in the said Ac t and not cont ra ry to th is A c t for t he prevent ion of
| 4 | F — V O L . | 4 . | cont raband |
cont raband sh ipment t r a n s h i p m e n t or carr iage or other m a t t e r or t h i n g connected wi th t he collection of any impor t du ty or t he prevent ion of i t s evasion or any other fraud in regard the re to shall equal ly apply and be applicable so far as t he c i rcumstances of the case will admi t to t he d u t y on Gold made payable as aforesaid a n d to t he prevent ion of con t raband sh ipments o ther con t raband t rade and smuggl ing of such Gold and every o ther m a t t e r and t h i n g connected w i t h t h e collection of such du ty and the prevent ion of i ts evasion and every other fraud of con t raband sh ipment o ther cont raband t r ade and smuggl ing of such in regard the re to and in t h e const ruct ion of t h e said Act of Council t he verb
| " t o i m p o r t " shall inc lude t he verb | " t o | expo r t " | the | word | " i m p o r t " |
| shall inc lude | " e x p o r t " | t he | verb | to | " u n s h i p " | or | " t r a n s h i p " | shall |
| inc lude t h e verb " to s h i p " t he verb | to | " u n l o a d " | shall | inc lude | " t o |
| load" and | the verb to | " u n l a d e " | shall include t he verb | " t o | l a d e " |
| t he n o u n " s h i p " shall include any ship or o ther vessel or boa t | and |
| words impor t i ng carr iage by water shall include carr iage by land. |
| 12. This A c t shal l be incorpora ted wi th and except where expressly inconsis tent t he rewi th shall be const rued wi th | a n d | deemed |
| pa r t of the Ac t s hereinbefore | ment ioned . |