Customs Regulations 1913 (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1910.
I,
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, do hereby make the following
Regulations under the
Dated the nineteenth day of December, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
LITTLETON E. GROOM,
Minister for Trade and Customs.
CUSTOMS REGULATIONS.
(2)
In respect of wharfs in actual use by authority at the commencement of the
(3)
Any wharf-owner failing to comply with the provisions of this Regulation shall
be liable to a penalty not exceeding £100, and such failure shall be a good
ground for the cancellation of the appointment of the wharf as a wharf within
the meaning of the
3
C.14574.—Price 1s. 9d.
(
a ) For carriages, in accordance with Form 2.(
b ) For boats and lighters, in accordance with Form 3.
(2) No licensed carriage shall be used for the conveyance of goods subject to Customs control except by the person to whom the licence has been issued, or, on his behalf, by some person employed by such licensee.
Days
All days except Sundays and Public Holidays.
By special permission of the Collector work may be allowed on any Public Holiday for such time, and under such conditions, as are approved in each case, provided that work shall not be allowed on Sunday, Christmas Day, Good Friday, or Eight Hours’ Day, without the Minister’s permission.
Hours.
Outdoor. —For the loading on or discharge of goods from ships, and delivery and receipt according to entry of goods subject to the control of the Customs—8 a.m. to 5 p.m. Provided that in regard to any State or district the Minister may by order vary the working hours.
Indoor. —9 a.m. to 4.30 p.m.On Saturday, work shall cease at noon.
(
a ) Officers of the Indoor Staff, with salary over £200 per annum, 2s. 6d.; with salary of £200 or under, 1s. 9d. per hour or part thereof.(
b ) Officers in charge of the loading on or discharge of goods from ships, or the receipt or delivery of goods, 2s. 6d. per hour or part thereof, except between the hours of 11 p.m. and 8 a.m., when the rate shall be 3s. per hour or part thereof.(
c ) Officers acting under the direct supervision of a superior officer, 1s, 9d. per hour or part thereof, except between the hours of 11 p.m. and 8 a.m., when the rate shall be 2s. 3d. per hour or part thereof.(
d ) Officers receiving the report of a vessel, clearing a vessel, or receiving the report and clearing a vessel at the same time —(1) if not engaged for more than two hours, 5s; (2) if engaged for more than two hours, 2s. 6d. per hour or part thereof, with maximum charge of 20s. for any twenty-four hours.
(2)
The charges under (
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(2) Provided that importations may be made in less quantities, subject to the conditions that the duty is paid immediately on importation and that the Collector shall approve of such importation, being first satisfied that the goods are samples only, or are intended for private use only by the importer, or for medicinal use only, or are surplus ships’ stores.
The extract obtained by boiling the tea with 100 parts by weight of distilled water for one hour shall be not less than 30 per cent.
The ash obtained by incinerating the tea in a porcelain crucible shall be not more than 8 per cent.
The portion of the ash soluble in boiling distilled water, called the “soluble ash,” shall be not less than 3 per cent.
__________
SIGNAL WHEN REQUIRING SERVICES OF A CUSTOMS OFFICER.
________
IMPORTATION.
Entry of Goods.
___________
Delivery for Transhipment or Transfer under Transit Permit.
___________
Removal of Goods to King’s Warehouse.
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Transit Permits.
(2) The Collector shall, if the conveyance is by sea, post one copy to the Collector at the port of destination of the goods, or, if the goods are, in course of transit, to be transferred to another vessel, to the Collector at the port of transfer, and shall cause the other copy to be attached to the ship’s clearance.
(3) The Collector at the port to which one copy of the Despatch Note is posted shall retain that copy, and return to the Collector at the port of despatch the copy originally attached to the ship’s clearance, with an indorsement showing the receipt or non-receipt of the goods, as the case may be.
(4) If, in course of transit, the goods are transferred to another vessel, fresh despatch notes must be made out at the port of transfer, and dealt with as prescribed in sub-clauses (2) and (3).
(5) If the conveyance is by land, the copies of the Despatch Note shall be posted (by different mails) to the Collector at the place of final destination, who will deal with them as prescribed in sub-clause (3).
(6) On arrival at the port of destination, the goods shall forthwith be entered for home consumption, warehousing, or transhipment.
WAREHOUSING AND WAREHOUSES.
Security.
General and Private Warehouses.
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(1) Where the whole services of a locker are required, £150.
(2) Where the half services of a locker are required, £100.
(3) Where the whole or half the services of a locker are not required, three-fourths of the tonnage scale of fees prescribed in the preceding regulation.
Machinery Warehouses.
(1) Where the whole services of a locker are required.............. £150
(2) Where half the services of a locker are required................. £100
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Manufacturing Warehouses.
(2) The annual fee chargeable for such licence shall be £5.
(3) Such licence shall have effect so long only as the Excise licence is in force.
Licensing of Exhibitions and Show Grounds as General Warehouses.
(2) Before the licence is granted security shall be given in accordance with Form 25, in such amount as the Collector requires.
(3) The annual licence-fee under this regulation shall be £1, and the services of a locker when required shall be paid for at the rate of Two shillings (2s.) per hour, or part thereof.
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General Provisions.
(
a ) Imported and Australian goods may be used in the manufacture.(
b ) Australian and imported goods shall, until used, if the Collector so directs, be kept separate from each other.(
c ) All operations shall, subject to these Regulations, be conducted in such manner as the Comptroller directs.(
d ) The manufacturer shall keep such books and accounts, and render such returns as the Comptroller directs.(
e ) The labelling and marking of the goods manufactured shall be subject to the approval of the Collector.(
f ) The Collector may make such allowances for waste as he deems just, subject to the approval of the Comptroller.(
g ) The goods manufactured shall be subject to the control of the Customs until delivery for home consumption or until exportation.
Provisions relating to Manufacture for Home Consumption.
Cordials, Chocolate, Cloth Oil, Tinctures, Essences, Ethers, Medicines, Toilet Preparations containing Spirits, Perfumed Spirits, Spices, Pearl Barley, Refined Sugar, Treacle, Golden Syrup, Dressed Rice, Starch, Sample Pattern Books, Ore Concentrates, Insecticide Oil, Mustard, Skip Grease, and other Greases, Blended Oil, Dressed Timber, Jelly Crystals, and any other articles that the Minister specifies by
Gazette notice, and under such restrictions and conditions as the Minister prescribes in each case.
(
a ) If the article would, if imported, be free of duty, then it shall be free. In the case of Cloth Oil, before such is delivered free of duty under Tariff Item 235, the owner shall give security to the satisfaction of the Collector that it will be used only as Cloth Oil, and evidence that it has been so used shall be produced to the satisfaction of the Collector when required by him.(
b ) If the duties on goods used in a manufacturing warehouse for the manufacture of articles for home consumption, after due allowance for waste, total less than the import duty on the finished article, then the finished article may be cleared for home consumption on payment of such total. In other cases the finished article shall be dutiable as if it had been imported in its finished state. But no finished article subject to duty of excise shall be cleared for home consumption without payment of such duty.(
c ) If the finished article contains imported spirits, it shall be chargeable with the Customs duty applicable to it if imported, but if the spirits used in the manufacture were Australian spirits, the duty payable shall be:—(1) the Excise duty chargeable on the spirits contained in the article plus the Customs duty on other dutiable ingredients (if any); or
(2) an amount equal to the import duty on the finished article.
Provided that if the duty chargeable under paragraph (2) be less than the Excise duty on the spirit contained in the article, the goods may be delivered for home consumption on payment of such Excise duty.
(
d ) If the residue of the material left after manufacture is an article which would be dutiable on importation, that article may be delivered on payment of the import rate of duty leviable thereon.
Provisions relating to Manufacture for Export.
73. The following articles may be manufactured for export, viz:—Cordials, Tinctures, Essences, Medicines, Tobacco, Cigars, Cigarettes, Snuff, Starch, Spices, Pearl Barley, Compressed Fodder, Refined Sugar, Treacle, Golden Syrup, Jam, Biscuits, Cakes, Jellies, Jelly Crystals, Confectionery, Plum Puddings, Mince-
meat Pies, Preserved Fruit, Putty, Dressed Rice, Coffee and Chicory, Linseed Oil, Oil and Oilcake made from Sesame Seed, Skip Grease and other Greases, Ore Concentrates, Maizena, Mustard, Blended Oil, Insecticide Oil, Dressed Timber, and any other article the Minister specifies by
Gazette notice, and under such restrictions and conditions as the Minister prescribes in each case.
(
a ) The warehouse where the manufacture is carried on shall be licensed as a factory under theExcise Act 1901.(
b ) Imported leaf tobacco only shall be used in the manufacture.(
c ) An entry of the leaf tobacco shall be made, specifying that it is for the manufacture of tobacco, cigars, cigarettes or snuff, for export, and the name of the factory stated where the manufacture is to be carried on.(
d ) Before the entry is passed, security shall be given to the satisfaction of the Collector that all tobacco, cigars, cigarettes and snuff manufactured from the leaf tobacco shall be exported.(
e ) After the entry has been passed, the leaf tobacco shall forthwith be conveyed in a licensed carriage, or under the personal supervision of an officer, to the factory specified in the entry.(
f ) The leaf tobacco shall be kept at the factory separate from all other leaf tobacco, and shall be separately manufactured into tobacco, cigars, cigarettes or snuff, and all stems, refuse, clippings, or waste arising from the manufacture shall be kept separate from all other stems, refuse, clippings, or waste.(
g ) All stems, refuse, clippings, and waste arising from the manufacture shall be weighed by an officer and then destroyed in such manner as the Collector directs.(
h ) All vessels, trays, and machinery used in the manufacture, or on which the leaf tobacco while undergoing manufacture is placed, shall have a notice affixed thereto containing the words, “Under Customs Control. For export only.”(
i ) All tobacco manufactured from the leaf tobacco shall be put up in packages of such size and weight as the Comptroller directs, and the manufacturer shall mark on each external package his name and address, a consecutive number, the gross weight of the package, the net weight of the contents, and the words “For export only.”(
j ) All cigars and cigarettes manufactured from the leaf tobacco shall be put into boxes of a size approved by the Comptroller, and the manufacturer shall mark on each box the factory number, the State number, and the words “For export only.”(
k ) If any package or box containing any tobacco, cigars, cigarettes or snuff manufactured from the leaf tobacco is enclosed in any outer cover, the manufacturer shall mark on the outer cover his name and address, the net weight of the contents, and the words “For export only.”(
l ) All tobacco, cigars, cigarettes and snuff manufactured from the leaf tobacco shall be kept in a safe store-room approved by the Collector, separate from any other tobacco, cigars, cigarettes and snuff, and every door to the store-room shall be provided with a lock supplied by the Collector at the expense of the manufacturer, and the key shall be kept by an officer.
Reduction of Spirits in Bond.
(2) The Collector may at any time cause a re-gauge, re-measure, re-weigh, or re-examination of any goods to be made at the expense of the Customs.
For Home Consumption.
For Exportation.
For Removal.
DUTY-PAID OR FREE GOODS NOT TO BE STORED IN A WAREHOUSE.
KING’S WAREHOUSES.
Articles. | Receipt and Delivery. | Rent per week. | For each Re-pack. | For each Re-gauge. | For each Re-weigh. | For each Re-examination. | ||||||
Liquids in bulk, per package—
| 1 | 6 | 0 | 6 | 3 | 0 | 1 | 0 | ||||
| 1 | 0 | 0 | 2½ | 2 | 0 | 1 | 0 | ||||
| 0 | 8 | 0 | 1½ | 1 | 6 | 1 | 0 | ||||
| 0 | 6 | 0 | 1 | 1 | 0 | 1 | 0 | ||||
| 0 | 4 | 0 | 0¾ | 1 | 0 | 1 | 0 | ||||
Articles | Receipt and Delivery. | Rent per week. | For each Re-pack. | For each Re-gauge. | For each Re-weigh | For each Re-examination | ||||||
Liquids in bottles or tins— | ||||||||||||
| ||||||||||||
| 0 | 3 | 0 | 0¾ | 2s. on each re-pack order, but not to cover more than 84 galls. | .. | .. | |||||
| 0 | 2 | 0 | 0½ | .. | .. | 2d. per package. | |||||
| 0 | 1 | 0 | 0¼ | .. | |||||||
Tobacco—
| 0 | 6 | 0 | 0¼ | .. | |||||||
| 1 | 0 | 0 | 2 | .. | |||||||
| 0 | 9 | 0 | 1½ | .. | 6d. per package | 1s. per package. | |||||
| 0 | 6 | 0 | 1 | .. | |||||||
Dry goods—
| 3 | 0 | 0 | 6 | .. | 2s. per ton weight (gross) | 1s. 6d. per ton weight (gross) | |||||
.. | ||||||||||||
| 0 | 6 | 0 |
| .. | 1 | 0 | 1 | 0 | |||
1s. 6d. per ton weight | 6d. per ton weight | 2 | 0 | .. | .. | 1 | 0 | |||||
| 3 | 0 | 0 | 8 | .. | 1s. per ton weight (gross) | 1s. 6d. per ton weight (gross), or 1s. for each single package. | |||||
| 0 | 6 | 0 | 1 | .. | 3d. per 100 superficial feet | ||||||
| 0 | 6 | 0 | 6 | .. | .. | 1s. per package | |||||
Provided that in cases where labour for the receipt and delivery of goods is not provided by the Customs, but by the importer at his own expense, the charges under the heading of “Receipt and Delivery” shall be one-half of those prescribed in the above scale.
(2) The minimum charge in respect of rent under this regulation shall be 1d.
(3) Goods not otherwise specified shall be rated according to weight or measurement, at the option of the Collector.
(4) Where charges are levied by weight or measurement at per ton, fractional parts shall be charged in proportion.
(5) When goods are re-packed into smaller quantities, no extra charge under the heading of ‘‘Receipt and Delivery‘‘ shall be made on account of the re-pack.
Rent and Charges Payable for Goods Deposited in King’s
Warehouses by Order of Collector.
Articles. | Receipt and Delivery.* | Rent per week. | ||
Liquids in bulk— | ||||
| 1 | 6 | 0 | 8 |
| 1 | 0 | 0 | 4 |
| 0 | 6 | 0 | 3 |
| 0 | 4 | 0 | 2 |
Liquids in bottles or tins— | ||||
| 0 | 4 | 0 | 2 |
| 0 | 2 | 0 | 1 |
Tobacco— | ||||
| 1 | 0 | 0 | 1 1/2 |
Dry goods— | 1 | 0 | 0 | 3 |
| 3 | 0 | 1 | 0 |
Opium, medicinal, per package...................................................... | 0 | 6 | 0 | 3 |
| 3 | 0 | 1 | 0 |
Timber, per 100 superficial feet..................................................... Goods of such value as, in the opinion of the Collector, require | 0 | 6 | 0 | 2 |
| 0 | 6 | 1 | 0 |
* When the delivery is effected by the importer at his own expense, half fees only will be charged.
(2) The minimum charge in respect of rent under this regulation shall be 2d.
(3) Goods not otherwise specified shall be rated according to weight or measurement at the option of the Collector.
(
a ) Receipt and delivery, 1d. each parcel.(
b ) Rent per week or part of a week, 1d. for parcels not exceeding 3 lbs. in weight, and 1d. per each additional 3 lbs., or part thereof. Provided that where in the opinion of the Collector, the goods are of such value as to require special precautions for safety, the rent prescribed by Regulation 95 shall be leviable.
Stiffening Permit.—Entry Outwards and Entry for Export.
(2) The application shall be in accordance with Form 43.
(3) Security shall be given in accordance with Form 44.
Concentrated Japan of a consistency that by the addition of an equal weight of Turpentine produces a Japan of ordinary consistency. —One gallon of the Concentrated Japan to be deemed equal to two gallons of the Japan of ordinary consistency.
Duty shall be charged on the quantity or equivalent of Fresh Fruit Juices into which such Fruit Extracts and Concentrated Fruit Juices can be converted as shown by chemical analysis, provided that in cases where the manufacturer states a degree of concentration greater than that shown by chemical analysis duty shall be charged in accordance with the degree of concentration stated by the manufacturer.
One lb. of Solcof shall be deemed equal to 3 lbs. of coffee.
(The whole allowance may be taken from one package.)
Wines or Spirits in bulk.—From casks of 20 gallons or under 1 gill. From casks containing more than 20 gallons, 2 gills per cask for the first 50 casks. From each additional cask, 1 gill; provided that not more than four liquid gallons shall be allowed from any one shipment. Second and subsequent samples may be taken on payment of duty thereon.
Wines or Spirits in bottle.—1 bottle for each consignment not exceeding 100 cases. For every additional 100 cases, 1 bottle; but not to exceed half a case for any one consignment No sample shall be given when the importation is under 10 cases
Ale or Stout in bulk.—1 gill from each cask.
Ale or Stout in bottle.—1 bottle from each brew
Tobacco, manufactured.—Quarter of a pound for every ten outside packages irrespective of size, but not exceeding 3 lbs. on anyone line.
Tobacco, unmanufactured.—Samples may be delivered as under:—
For any package under: 1 cwt....................... 4 ozs.
For every additional cwt............................... 4 ozs.
but not to exceed 2 lbs. in any one line.
Cigars and Cigarettes.— Quarter of pound per package or not less than 40 lbs., but not to exceed 1½lbs. in any one line.
GOODS AND SAMPLES EXPORTED AND AFTERWARDS RE-IMPORTED
(
a ) goods the produce of Australia, or goods brought back to Australia by the person who was owner at the time of exportation, or by the legal representative of such owner, after exportation without drawback having been paid thereon; and(
b ) samples of duty-paid goods sent out of Australia may be re-imported or brought back to Australia free of duty, shall be as follow:—
Goods other than Samples of Duty-paid Goods.
(
a ) The Minister must be satisfied that the re-importation or bringing back of the goods will not unfairly disturb the market for similar goods in Australia generally or in the place where the goods are proposed to be landed.(
b ) The goods must be brought back to Australia within two years from the date of their exportation.(
c ) The character of the goods must in no way have been altered during the interval between their exportation and their return to Australia.(
d ) If the goods are of Australian manufacture, drawback of Excise duty on the whole or any part of the goods must not have been paid.(
e ) If an export entry was passed in respect of the goods, the Collector must be satisfied that the goods re-imported or brought back to Australia are the goods or part of the goods specified in such export entry.(
f ) If an export entry was not passed in respect of the goods, the Collector must be satisfied by statutory declaration, or otherwise, that the goods have been re-imported to Australia within two years from the date of exportation therefrom.(
g ) If free entry is claimed under Item 446 of theCustoms Tariff 1908-1911, the Collector must further be satisfied that duty has once been paid on the goods, and that the conditions of such Tariff Item have been complied with.
(
a ) The goods shall be inspected by an officer prior to shipment.(
b ) The officer’s services may be charged for at the rate of 1s. 6d. per hour if the inspection is made during official hours, and at the rate of 2s. per hour if the inspection is made outside official hours.(
c ) An export entry, in accordance with Form 38, shall be made and passed giving full particulars of the samples intended to be shipped.(
d ) Drawback of duty must not have been paid thereon(
e ) The goods must be re-imported into Australia within twelve months from the date of their exportation therefrom.(
f ) The goods shall, on re-importation, be entered as ‘‘Returned samples,’’ and shall be verified with the original export entry by an officer, whose services may be charged for at the rate of 1s. 6d. per hour if the service is performed during official hours, and at the rate of 2s. per hour if the service is performed outside official hours.
(
a ) One expert shall be appointed by the owner, and another by the Collector.(
b ) The Collector shall then appoint a meeting of the experts, and shall himself be present at the meeting.
(2) If the experts cannot agree upon the appointment of an umpire, the Collector shall make the appointment.
(2) The value of the goods as assessed by the umpire shall be taken to be the value of the goods for duty.
(2) All goods so seized shall be sold by auction or public tender as the Comptroller directs.
Travellers’ samples;
Goods imported for the purposes of public exhibition or entertainment, but not including theatrical costumes, scenery, or property;
Goods the personal property of tourists or temporary residents; Wedding presents; and
Goods imported into Australia for the purpose of being repaired, put together, or, subject to the approval of the Collector, for other industrial purposes.
Provided that—
(
a ) the owner makes application, in accordance with Form 47, to the Collector for permission to take delivery of the goods, and states therein a description of the goods, and the purpose for which they are imported;(
b ) the goods are examined by an officer before delivery;(
c ) notice of intention to pack for export is given to the Collector, and the goods are examined by an officer before shipment for export; and(
d ) the goods are exported within six months from date of importation, and an export entry in accordance with Form 38 is made and passed at time of export.
Perishable Goods.
(2) Claims shall be made not later than three days after the goods have passed from the control of the Customs or the duty has been paid, or within such further time not exceeding one week as the Comptroller, in writing, allows, and unless so made as aforesaid no claim shall be received or allowed. Provided that, where it is clear on the face of the invoice and entry that duty has been overpaid, a refund of the duty overpaid may be allowed, although the claim for refund has not been made within the prescribed times.
Goods on which Drawback may be Allowed.
(2)
Drawback under this Regulation shall only be allowed in respect of such
material as the Minister specifies by
Sugar used in making Jam and other Goods.
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(Provided that where the analysis shows a less proportion of sugar contents than 2-5ths, drawback shall, only be allowed in respect of the actual sugar contents.)
Cordials, 2½ lbs. of sugar per liquid gallon.
Provided the Collector is satisfied—
(
a ) that the goods were made at the factory specified in the declaration on the export entry (Form 50) during a specified calendar year; and(
b ) that during that year imported duty-paid sugar, to an amount equal to or greater than the amount in respect of which drawback is claimed, was used at the factory in the manufacture of similar goods; and(
c ) that the drawback claimed would not, if added to the draw-back (if any) previously allowed in respect of any similar goods manufactured in the factory during that year, amount to more than would be lawfully allowed on the export of the whole amount of imported sugar used in the factory in the manufacture of similar goods during that year.
(2) The declaration on the export entry in cases provided for by this Regulation shall, when the exporter is the manufacturer, be in accordance with the second form of declaration contained in Form 50.
(3) When the exporter is not the manufacturer of the goods, the Collector must be satisfied, by statutory declarations made by the manufacturer, and by the seller of the sugar to the manufacturer, that the drawback is due.
Drawback on Oils.
(
a )Where the oil is in the same condition and in the original packages in which it was imported—(i.) Samples shall be taken and dealt with in accordance with this Regulation.
Provided that where the oil is in the original drums (not casks) which bear the import seals and capsules, or in tins which have remained in their original cases, and the Collector is satisfied that the packages have not been tampered with and are in the same state as when imported, he may dispense with the taking of the samples.
(
b ) Where the oil is in the same condition, but not in the original packages in which it was imported—(i.) Samples shall be taken and dealt with in accordance with this Regulation;
(ii.) If the oil has been re-packed into casks, the bung and spile of each cask shall be sealed with sealing wax;
(iii.) If the oil has been re-packed into packages other than casks, the packages shall be sealed or secured to the satisfaction of the Collector;
(iv.) All oil re-packed in accordance with either of the two preceding paragraphs of this Regulation shall, until shipment, be stored to the satisfaction of the Collector.
(
c ) Where the oil is a blend made from imported oils—(i.) Samples shall be taken in accordance with this Regulation from the original packages of the constituent oils before they were blended and from the blended oil;
(ii.) If the oil has been re-packed into casks, the bung and spile of each cask shall be sealed with sealing wax;
(iii.) If the oil has been re-packed into packages other than casks, the packages shall be sealed or secured to the satisfaction of the Collector;
(iv.) All oil re-packed in accordance with either of the two preceding paragraphs of this Regulation shall, until shipment, be stored to the satisfaction of the Collector;
(v.) The drawback entry shall contain full particulars of the oils used in blending and of any other materials that are added to them.
(2) Samples under this Regulation shall be taken by an officer in duplicate and shall be sealed and labelled for identification, and one part shall be supplied to the exporter and the other submitted for analysis.
(3) All packing, re-packing, and blending shall be done under the supervision of an officer.
(4) Where the exporter desires to store on his premises for future export oils which have been re-packed or blended under supervision, the drawback officer shall furnish to the Collector a re-pack sheet containing full particulars with regard to the nature and quantity of the oils, and on shipment that quantity shall be written off the re-pack sheet.
(5) No drawback claim shall be passed for payment unless the result of the analysis of any samples taken under this Regulation confirms the nature and classification of the oils as described in the entry and claim.
Second-hand Goods.
Items less than £1.
Notice of Intention to Pack.
Packing.
export officer for shipment; or if not forthwith so removed, they must be deposited in some secure room or other place approved by the Collector, under the lock of the Crown, or under seal, until removal for shipment.
Entry for Drawback.
Goods Entered for Drawback Transferred to another Port for exportation.
(
a ) Security for exportation of the goods in accordance with the entries passed shall be given by the owner.(
b ) Export entries, in accordance with Form 50, and despatch notes, in accordance with Form 52, shall be passed, and the despatch notes shall be dealt with as prescribed by Regulation 48.(
c ) The shipment shall be certified by the Examining Officer and the officer of the vessel which carries the goods to the port of exportation.(
d ) The goods shall be entered on the Transire as “under draw-back,” and until exportation shall be subject to the control of the Customs.
Payment of Drawback in Certain Cases.
Payment for Officers’ Services.
COASTING TRADE.
(
a ) The Master shall keep on board a cargo-book in accordance with Form 56, in which shall be entered—The name of the ship and her Master;
The Port to which the ship belongs;
and in regard to each voyage—
The Ports to which the ship is bound;
A description of all goods shipped under Customs control;
The names of shippers and consignees of goods under Customs control;
The date of delivery of goods under Customs control at each port of discharge; and
The times of arrival at, and departure from, each port.
(
b ) Before departure from any port at which goods under Customs control have been received the Master shall enter particulars of such goods in the cargo-book and shall produce the same to an officer, who, if satisfied as to its correctness, shall sign the entry.(
c ) Forthwith on arrival at any port for which goods under Customs control are being carried the Master shall deliver to the proper officer the Despatch Notes relating to such goods together with a copy in duplicate of the entries in his cargo-book relating to the same.(
d ) The Master shall on demand produce the cargo-book for the inspection of any officer, who may take extracts from or make any entries therein.(
e ) The Master shall account, to the satisfaction of the Collector, for all goods subject to the control of the Customs carried by his ship.
(
a ) The Master shall if required by the Collector give security in such sum as the Collector requires to account to the satisfaction of the Collector for all goods subject to the control of the Customs carried by his ship.(
b ) Before his ship departs from any port the Master shall make out in duplicate a Transire in accordance with Form 56 containing full particulars of all goods subject to the control of the Customs shipped on his ship. If such goods are carried for more than one port, separate Transires must be made out in duplicate in respect of each port.(
c ) The Transire in duplicate shall be presented to the Collector, who, if satisfied that it is correct, shall sign one of the duplicates and return it to the Master and shall retain the other.(
d ) The Master’s duplicate of the Transire shall be carried on the ship in which the goods specified therein are carried.(
e ) Forthwith after arrival at any port the Master shall report the ship by delivering to the Collector the Transire and Despatch Notes relating to the goods under Customs control to be landed at that port. If required by the Collector the Transire shall be delivered to him in duplicate.(
f ) If for any port there are no goods under Customs control to be landed the Transire shall nevertheless be delivered in accordance with this regulation, indorsed with the words “No under bond goods.”
Transfer of Dutiable Goods by Inland Carriage.
Sec. 270. (b ) MAXIMUM WEIGHT OF PACKAGES OF WHEAT, ETC., FOR INTER-STATE TRANSFER.
(
a ) If not employing a Sub-agent, £500.(
b ) If employing one or more Sub-agents, an additional sum of £250 for each Sub-agent.
Notice of Seizure.
Security for Release.
17
(2) If the prosecutor fails to comply with this Regulation, the prosecution shall be deemed to be abandoned, but the Court in which it was instituted may, on the application of the defendant, award him such costs as it deems just.
Conduct of Inquiries under Part XV.
(
a ) The person who occupies the position of defendant (in thisRegulation called the defendant) shall have a full opportunity of bringing forward his evidence and of defending himself.
(
b ) The person who occupies the position of prosecutor (in this Regulation called the prosecutor) shall make a short statement of his case.(
c ) The evidence of the witnesses supporting the charge shall be taken.(
d ) Such witnesses may be cross-examined by the defendant, and re-examined by the prosecutor.(
e ) The defendant’s witnesses shall give their evidence, and the defendant may himself give evidence.(
f ) Such witnesses may be cross-examined by the prosecutor, and re-examined by the defendant.(
g ) The defendant may address the person conducting the inquiry, and the prosecutor shall have the right of reply.(
h ) The person conducting the inquiry shall then give his decision, or reserve his decision until some future day and time which he shall announce, or, if the inquiry is conducted by any person acting under powers delegated to him by the Minister, and such powers extend only to the holding of an inquiry and no further, he shall announce that the matter will be reported to the Minister, who will give his decision in writing.(
i ) The defendant may be represented by counsel, or (with the approval of the person conducting the inquiry) by some other person.(
j ) The person conducting the inquiry—(i) shall not be bound by any rules as to the admission or rejection of evidence;
(ii) may inform his mind as to any matter in such manner as he thinks just;
(iii) may admit as evidence any matter which he considers to be relevant to the inquiry; and
(iv) may reject as evidence any matter which he considers not to be relevant to the inquiry.
(
k ) The examination of witnesses shall be on oath or affirmation.(
l ) The person conducting the inquiry may issue a summons to any person requiring him to attend the inquiry as a witness.
Enforcement of Penalties and Forfeitures under Part XV.
(1) The goods shall be sold by public auction.
(2) No bidding shall necessarily be accepted, and the goods maybe re-offered until sold at a price satisfactory to the Collector.
(3) The purchase money shall be paid in cash on the acceptance of the bid. If not so paid, the lot may be again offered, but the person whose bid was accepted shall be liable to pay to the Collector any loss sustained by reason of his failure to comply with this condition.
112-122 | |
98-105 | |
81-86 | |
111 | |
100 | |
Customs’ agents.................................................................................................................... | 164 |
warehouse.............................................................................................................................. | 50-53 |
37 | |
2 | |
183-187 | |
continuance of use................................................................................................................. | 192 |
in lieu of prescribed forms .................................................................................................... | 195 |
prescribed.............................................................................................................................. | 191-195 |
37 | |
92-93 | |
131 | |
109 | |
| |
delivered for transshipment................................................................................................... |
|
duty, paid and free in warehouse........................................................................................... |
|
entry of.................................................................................................................................. |
|
for exhibition......................................................................................................................... |
|
for exhibition—deposit of duty............................................................................................. |
|
for exportation....................................................................................................................... |
|
Index— | |
Subject. | Regulation No. |
for exportation, | 81 |
for home consumption, | 78 |
for removal, | 87 |
for repair, &c.—deposit of duty........................................................................................ | 124 |
manufacture in bond.......................................................................................................... | 70-74 |
on which drawback allowed.............................................................................................. | 129 |
perishable—deposit of duty............................................................................................... | 125 |
purchase of (section 161).................................................................................................. | 123 |
re-gauged, re-weighed, &c................................................................................................ | 77, 83, 90 |
re-importation of ............................................................................................................... | 111 |
removed to King’s warehouse........................................................................................... | 44 |
secondhand—no drawback................................................................................................ | 133 |
security for release of........................................................................................................ | 170 |
seizure of—notice.............................................................................................................. | 169 |
seizure of (section 161)..................................................................................................... | 123 |
sold—conditions of sales................................................................................................... | 188-189 |
sorted, bottled, repacked, in warehouse............................................................................ | 62-69 |
time for making entry for.................................................................................................. | 43 |
tourists’—deposit of duty.................................................................................................. | 124 |
under transit permits.......................................................................................................... | 46-48 |
undervalued....................................................................................................................... | 112-122 |
valuation of........................................................................................................................ | 112-122 |
177-179 | |
19-22 | |
78-80 | |
19-21 | |
,, coasting trade.............................................................................................. | 153 |
of goods............................................................................................................................. | 32-48 |
sizes of packages............................................................................................................... | 27 |
180-187 | |
148-153 | |
155 | |
34 | |
32 | |
131 | |
109 | |
cart note............................................................................................................................. | 44 |
goods on Collector’s order................................................................................................ | 95 |
rent and charges................................................................................................................. | 94-95 |
67 | |
105 | |
carriage, boat, and lighter.................................................................................................. | 4-18 |
Customs agents.................................................................................................................. | 156-168 |
warehouse.......................................................................................................................... | 49-60 |
4-18 | |
42 | |
54, 60, 75, 111, 147 | |
55-56 | |
53 | |
57-59, 70-76 | |
101 | |
131 | |
for importation................................................................................................................... | 27 |
in warehouse...................................................................................................................... | 62 |
180-187 | |
135 | |
123, 169 | |
171 | |
132 | |
71 | |
Index— | |
Subject. | Regulation No. |
26 | |
31 | |
172-176 | |
| 129 |
| 27, 62 |
104 | |
22, 23, 147 | |
27, 62 | |
| 136-140 |
| 62-69 |
180-187 | |
25 | |
183-187 | |
125 | |
45 | |
127 | |
153 | |
96 | |
123 | |
171 | |
177-179 | |
123 | |
126-128 | |
190 | |
126-128 | |
77, 83, 90 | |
111 | |
170 | |
126-128 | |
44 | |
94 | |
62-69 | |
124 | |
196 | |
32 | |
177-179 | |
62 | |
123 | |
188-189 | |
| 111 |
| 110 |
| 172-176 |
| 132 |
133 | |
| 9, 11, 12 |
| 151 |
| 165 |
| 168 |
| 144 |
| 170 |
| 170 |
| 107 |
| 3a |
| 41 |
| 46 |
| 153 |
| 49 |
| 60-64 |
| 89 |
| 89 |
| 3 |
| 3a |
Index— | |
Subject. | Regulation No. |
170 | |
| 169 |
| 123 |
180-187 | |
99 | |
32 | |
| 100 |
| 106-108 |
| 63 |
| 32, 33 |
60 | |
35, 36 | |
31 | |
27, 62 | |
| 74 |
| 27, 62 |
109 | |
62-69 | |
| 80 |
| 129 |
| 75 |
| 110 |
| 27, 62 |
| 72 |
34 | |
109 | |
177-179 | |
98 | |
26 | |
3a | |
131 | |
182 | |
19, 22 | |
28-30 | |
43 | |
| 59 |
| 74 |
| 129 |
| 64,110 |
| 27, 62 |
124 | |
148 | |
46-48 | |
| 40 |
| 42 |
| 148 |
| 104 |
| 150 |
| 42 |
| 46-48 |
| 124 |
| 64 |
177-179 | |
112-122 | |
45 | |
112-122 | |
148-153 | |
60-61 |
Index— | |
Subject. | Regulation No. |
50-58 | |
49-97 | |
38 | |
| 78-91 |
| 92-93 |
| 60-61 |
| 92-93 |
| 50-54 |
| 94-97 |
| 55-56 |
| 53 |
| 57, 59, 70, 76 |
| 75, 76 |
| 77, 83, 90 |
| 60 |
| 62-69 |
| 80 |
185-187 | |
124 | |
3 | |
sufferance, security................................................................................................... | 3a |
| 80 |
| 129 |
| 110 |
| 62 |
181-182 | |
19-21, 153 | |
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett Government Printer, for the State of Victoria.
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