Customs Regulations (Amendment) (Cth)
REGULATIONS UNDER THE CUSTOMS ACT 1901-1959.*
I, THE
GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the
Dated this thirtieth day of August, 1960.
DUNROSSIL
Governor-General.
By His Excellency’s Command,
DENHAM HENTY
Minister of State for Customs and Excise.
AMENDMENTS OF THE CUSTOMS REGULATIONS.
3. Regulation 21 of the Customs Regulations is repealed.
“GENUINE INVOICES.
“23A.—(1.) A genuine invoice in respect of imported goods, other than goods consigned for sale in Australia, is an invoice in respect of the goods made out by the seller of the goods stating—
(
a ) the name and address of the seller of the goods;(
b ) the name and address of the purchaser of the goods;(
c ) a description, in general terms, of the goods;(
d ) the name of the ship or aircraft in which the goods are imported if it is known at the time the invoice is made out;(
e ) the country of origin of the goods;(
f ) the number of packages containing the goods and the marks and numbers on each package containing the goods;(
g ) the quantity and detailed description of the goods;(
h ) the current domestic value of the goods in the currency of the country of export;* Notified in the
Commonwealth Gazette on 30th August, 1960.
Statutory Rules 1926, No. 203, as amended to date. For previous amendments of
the Customs Regulations
4917/60.—PRICE 1S. 3D.
(
i ) the selling price of the goods to the purchaser of the goods;(
j ) the costs incurred in the carriage of the goods from the place at which the goods, when sold, were situated to the place from which they are exported;(
k ) the labour costs incurred in packing the goods into the outside packages;(
l ) the value of the outside packages;(
m ) the amount of the royalties (if any) payable in respect of the goods;(
n ) whether the costs referred to in paragraphs (j) and (k), the value referred to in paragraph (l ), and the amount referred to in paragraph (m), of this sub-regulation have been included in, or excluded from, the calculation of the amounts shown in the invoice as the current domestic value, and the selling price, of the goods;(
o ) whether, in stating the current domestic value of the goods, the amount shown is in respect of a sale ‘at factory’, ‘at warehouse’ or ‘at port of shipment’;(
p ) the nature and amount of any special deduction;(
q ) the amount of any tax or duty payable in the country from which the goods are exported and included in the current domestic value of the goods;(
r ) the amount which has been, or will be, allowed, on the export of the goods from the country from which the goods are exported, by way of remission or drawback of tax or duty;(
s ) particulars of all arrangements or understandings between the seller and the purchaser that have or may have the effect of varying the selling price of the goods, whether by way of discount, rebate, compensation or any other means; and(
t ) if the country of origin of the goods is a country in respect of the goods of which a Customs Tariff specifies rates of duties of Customs lower than the Intermediate Tariff, the appropriate category in which the goods are included.
“(2.) A genuine invoice in respect of imported goods consigned for sale in Australia is an invoice in respect of the goods made out by the owner of the goods stating—
(
a ) the name and address of the owner of the goods;(
b ) the name and address of the consignee of the goods;(
c ) the actual price for which the consignor would, on the date of exportation, have been prepared to sell the goods to an Australian importer; and(
d ) the particulars and information that would be required to be furnished under the several paragraphs of the last preceding sub-regulation, other than paragraphs (a ), (b ) and (i ), by the seller of the goods if the goods had been sold to an importer in Australia instead of being consigned for sale in Australia.
“(3.) An invoice shall not be deemed to be a genuine invoice for the purpose of the Act unless—
(
a ) it is made out—(i) in the case of imported goods, other than imported goods consigned for sale in Australia—by the seller of the goods; or
(ii) in the case of imported goods consigned for sale in Australia—by the owner of the goods; and
(
b ) there is included in the invoice a declaration signed, in the presence of a witness by the seller, or the owner, as the case may be, of the goods, or by a person authorized by the seller, or owner, as the case may be, of the goods to make the declaration and declaring—(i) that no invoice, differing from the invoice to which the declaration relates, has been issued or is intended to be issued;
(ii) that no arrangements or understandings exist between the seller and the purchaser of the goods that have or may have the effect of varying the selling price of the goods other than those specified in the invoice;
(iii) that the current domestic value shown on the invoice is the amount for which the seller or owner, as the case may be, of the goods is selling or would be prepared to sell for cash, at the date of exportation of the goods, the same quantity of identically similar goods to any and every purchaser in the country of export for consumption in that country;
(iv) the grounds on which any of the goods shown on the invoice as being included in category A, category B or category C have been so included;
(v) that the final process of production or manufacture of any goods shown on the invoice as being included in category A, category B or category C was performed in the country shown on the invoice as the country of origin of the goods; and
(vi) that all statements in the invoice and declaration are true and correct and that no statement in the invoice and declaration is false or misleading in any respect;
“(4.) For the purposes of paragraph (
(
a )if the goods are goods which are, by reason of the application of paragraph (a ) of sub-section (1.) of section 151A of the Act, deemed to be, for the purposes of the Customs Tariff referred to in paragraph (t ) of sub-regulation (1.) of this regulation, the produce or manufacture of the country in respect of the goods of which that Customs Tariff applies—category A;
4917
(
b ) if the goods are goods which are, by reason of the application of paragraph (b) of sub-section (1.) of section 151A of the Act, deemed to be, for the purposes of the Customs Tariff referred to in paragraph (t) of sub-regulation (1.) of this regulation, the produce or manufacture of the country in respect of the goods of which that Customs Tariff applies— category B; and(
c ) if the goods are goods which are, by reason of the application of paragraph (c) of sub-section (1.) of section 151A of the Act, or of the application of that paragraph as modified in appropriate cases by sub-section (2.) of that section, deemed to be, for the purposes of the Customs Tariff referred to in paragraph (t ) of sub-regulation (1.) of this regulation, the produce or manufacture of the country in respect of the goods of which that Customs Tariff applies—category C.
“(5.) For the purposes of sub-regulation (1.) of this regulation, ‘current domestic value’ and ‘special deduction’ have, respectively, the same meaning as in section 154 of the Act.
“23B.—(1.) The stamp with which a Collector is required by section 40B of the Act to stamp a genuine invoice is such a stamp as is capable of making an impression in accordance with the following design:—
“(2.) In the design set out in the last preceding sub-regulation—
(
а ) the number allotted by the Comptroller to the Collector to whom the stamp has been issued shall appear in the space marked ‘A’;(
b ) the name of the port, airport or place at which that Collector is performing duty shall appear in the space marked ‘B’; and(
c ) the name of the State or Territory of the Commonwealth in which the stamp was issued shall appear in the space marked ‘C’.”.
“24.—(1.) Subject to this regulation, the conditions subject to which the personal baggage of a passenger in a ship or aircraft, not being dutiable goods, may be imported without entry are as follows:—
(
a ) the passenger shall make, and furnish to an officer, a declaration, in accordance with a form approved by the Comptroller-General and made available to the passenger by the Customs for the purpose, setting out—(i) the number of packages comprising his personal baggage;
(ii) whether any goods of a kind specified in the form are contained in his personal baggage or among any other goods that he is importing in the ship or aircraft;
(iii) in respect of each of the goods of such a kind that are contained in his personal baggage or among other goods that he is importing in the ship or aircraft (not being goods which he is importing on behalf of another person)—the quantity and description of the goods, the name of the country in which he acquired the goods and either the price paid by him for the goods or the value of the goods; and
(iv) in respect of each of the goods which he is importing on behalf of another person—such particulars as are known to him of the quantity and description of the goods, of the name of the country in which that person acquired the goods and either of the price paid by that person for the goods or of the value of the goods;
(
b ) the baggage shall be unshipped only by authority, shall be landed only at a landing place and shall not be removed from the place of examination except by authority; and(
c ) the baggage shall be unshipped as soon as practicable after the arrival of the ship or aircraft at the port or airport, as the case may be, of destination of the passenger and shall not be permitted to remain on board during the convenience of the passenger.
“(2.) Where a husband and his wife are passengers on a ship or aircraft and are disembarking at the same port or airport, the husband may include in the declaration made by him in accordance with the last preceding sub-regulation particulars relating to the personal baggage of his wife and to any other goods that his wife is importing in the ship or aircraft and, in that event, the personal baggage of his wife, not being dutiable goods, may be imported without entry notwithstanding that his wife has not made a declaration in accordance with that sub-regulation.
“(3.) Where a child under the age of eighteen years is a passenger on a ship or aircraft and is travelling with his parent or guardian, the parent or guardian may include in the declaration made by him in accordance with sub-regulation (1.) of this regulation particulars relating to the personal baggage of the child and to any other goods that the child is importing in the ship or aircraft and, in that event, the personal baggage of the child, not being dutiable goods, may be imported without entry notwithstanding that the child has not made a declaration in accordance with that sub-regulation.
“(4.) Where the Collector is satisfied that, by reason of illiteracy or any other sufficient reason, a passenger is unable to make a declaration in accordance with sub-regulation (1.) of this regulation, the personal baggage of the passenger, not being dutiable goods, may be imported without entry notwithstanding that the passenger has not made the declaration.”.
“ENTRIES.
“35. A sight entry shall be in accordance with Form 10.
“36. When a sight entry is made for part of the contents of an outside package, it shall be accompanied by an entry, not being a sight entry, for the remainder of the contents of the package.
“37. An entry for home consumption under section 40A or section 68 of the Act shall be in accordance with Form 11.
“38. An entry for warehousing under section 40a or section 68 of the Act shall be in accordance with Form 12.
“39. An entry for transhipment shall be in accordance with Form 14.
“40. The person making an entry specified in any of the last five preceding regulations shall sign the entry.”.
“45.—(1.) An application for a Collector’s permit to unship goods before an entry is passed in respect of the goods shall be in accordance with Form 6.
“(2.) Where an application is approved, a Collector’s permit, in accordance with Form 6a, shall be endorsed on a copy of the application, and the copy so endorsed shall be returned to the applicant.
“(3.) If the holder of a Collector’s permit contravenes, or fails to comply with, an undertaking given by him in his application for the Collector’s permit, a Collector may cancel the Collector’s permit.”.
“Transit Warehouses.
“59A. The fees payable by the licensee for a transit warehouse are—
(
a ) an annual fee of Ten pounds;(
b ) a fee calculated at the rate of Nine shillings and sixpence for each hour or part of an hour during which the services of a locker are required at the warehouse; and(
c ) a fee equal to the expenses (if any) from time to time incurred by such a locker in travelling to and from the warehouse.”.
12. Regulation 60 of the Customs Regulations is amended—(
a ) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—“(3.) The fees for a warehouse payable for, or in relation to, the services of a locker, or calculated in relation to any such services, shall be paid by the licensee of the warehouse monthly.”; and
(
b ) by inserting in sub-regulation (3A.), after the word “Regulations”, the words and figures “, or by paragraphs (a ) and (b ) of the last preceding regulation,”.
“66A. For the purposes of regulations 63, 64 and 66 of these Regulations, a reference to a warehouse shall not be read as including a reference to a transit warehouse.”.
(
а ) by omitting from sub-regulation (1.) the words “, in warehouse,” and inserting in their stead the words “in a warehouse other than a transit warehouse”; and(
b ) by omitting sub-regulation (6.).
“78.—(1.) An entry for home consumption under section 104 of the Act shall be in accordance with Form 30.
“(2.) The person making an entry specified in the last preceding sub-regulation shall sign the entry.”.
“81.—(1.) An entry for export to parts beyond the seas under section 40A or 104 of the Act shall be in accordance with Form 31.
“(2.) An entry for warehousing elsewhere or for removal to a place specified in the entry, under section 104 of the Act, shall be in accordance with Form 20.
“(3.) The person making an entry specified in either of the last two preceding sub-regulations shall sign the entry.
“82. When an entry specified in the last preceding regulation has been passed, the warehoused goods to which the entry relates shall be removed from the warehouse under the supervision of an officer.”.
4917
“REMOVAL OF GOODS SUBJECT TO CUSTOMS CONTROL.
“95.—(1.) An entry for removal to a place specified in the entry shall be in accordance with Form 20.
“(2.) The person making an entry specified in the last preceding sub-regulation shall sign the entry.
“(3.) Where goods are moved, in accordance with the entry, a copy of the entry shall accompany the goods and shall, on the arrival of the goods at the place specified in the entry, be delivered to an officer.”.
“99.—(1.) An entry for export of goods (including ships’ stores and aircraft’s stores) which are not subject to export duty and are not goods in respect of which a form of entry is prescribed by sub-regulation (1.) of regulation 81 of these Regulations shall be in accordance with Form 38.
“(2.) An entry for export of goods (including ships’ stores and aircraft’s stores) which are subject to export duty shall be in accordance with Form 38A.
“(3.) The person making an entry specified in either of the last two preceding sub-regulations shall sign the entry.”.
“129. For the purposes of regulations 130 to 136 (inclusive) of these Regulations, ‘goods under drawback’ means goods on the exportation of which drawback of any import duty is intended to be claimed.
“130.—(1.) All goods on which import duty has been paid, other than—
(
a ) spirits, wine, beer, tobacco, cigars, cigarettes or opium; and(
b ) second-hand goods,
are goods specified for the purposes of sub-section (1.) of section 168 of the Act.
“(2.) For the purposes of the last preceding sub-regulation—
(
a ) goods, other than cinematograph films, are second-hand goods, if, after their first importation into Australia, they have been used otherwise than for the purpose of being inspected or exhibited; and(
b ) cinematograph films are second-hand goods if, after their first importation into Australia, they have been exhibited by a person otherwise than in pursuance of a direction given by an officer.
“131.—(1.) Drawback of import duty shall not be allowed on the exportation of goods unless—
(
a ) the value of the goods for home consumption is greater than the amount of the drawback which, but for this paragraph, would be allowed on the exportation of the goods; and(
b ) subject to sub-regulation (3.) of this regulation, import duty amounting to not less than One pound was paid—(i) in the case of goods specified for the purpose of sub- section (1.) of section 168 of the Act—in respect of the goods;
(ii) in the case of imported goods specified for the purpose of sub-section (2.) of that section, being imported goods that have been subjected to a process of treatment—in respect of the goods; or
(iii) in the case of manufactured goods in the manufacture of which imported goods specified for the purpose of sub-section (2.) of that section were used—in respect of the imported goods used in the manufacture of the manufactured goods.
“(2.) Except where the Comptroller in special circumstances otherwise directs, drawback of import duty shall not be allowed on the exportation of goods unless—
(
a ) the goods were produced to an officer for examination, and were examined by an officer, before being exported;(
b ) the goods were exported—(i) in the original packages in which the goods were packed when the goods were entered for home consumption; or
(ii) in packages into which the goods were packed in accordance with regulation 132 of these Regulations;
(
c ) a drawback notice, in accordance with a form approved by a Collector, was delivered to a Collector—(i) in the case of goods exported in the original packages in which they were imported—at least six working hours before the goods were examined by an officer in accordance with paragraph (
a ) of this sub- regulation; and(ii) in the case of goods exported in packages packed in the presence of an officer—at least six working hours before the goods were so packed in accordance with regulation 132 of these Regulations;
(
d ) the drawback notice was so delivered—(i) in a case where the goods to which the notice relates were moved from one port in Australia to another port in Australia before being exported—in triplicate; and
(ii) in any other case—in duplicate; and
(
e ) such of the provisions of regulations 133 to 136 (inclusive) of these Regulations as are applicable have been complied with in relation to the preparation of the goods for exportation, the exportation of the goods and the claim for drawback.
“(3.) Paragraph (
(
a ) import duty amounting to less than One pound but not less than Five shillings was paid—(i) in the case of goods referred to in sub-paragraph (i) or sub-paragraph (ii) of that paragraph—in respect of the goods; or
(ii) in the case of manufactured goods referred to in sub-paragraph (iii) of that paragraph—in respect of the imported goods used in the manufacture of the manufactured goods;
(
b ) the claim for drawback in respect of the goods is included on a drawback claim with a claim for drawback of import duties in respect of other goods; and(
c ) the total amount of the import duties paid in relation to all the goods to which the drawback claim relates is not less than One pound.
“132. Where goods under drawback are not being exported in the original packages in which they were packed when entered for home consumption, the goods shall be packed, in the presence of an officer, into the packages in which they are intended to be exported, the goods shall be secured to the satisfaction of an officer and a distinctive mark or label shall be placed on each of the packages in the presence of an officer.
“133.—(1.) Where goods under drawback have been
examined by an officer in accordance with paragraph (
(
a ) the goods shall forthwith be dispatched to the place of exportation; and(
b ) a copy of the drawback notice shall be delivered with the goods to an officer upon the arrival of the goods at the port or airport from which the goods are to be exported.
“(2.) Where a Collector considers it desirable so to
do, he may cause goods which have been examined by an officer in accordance
with paragraph (
“134. A person intending to claim drawback on the exportation of goods shall, by all reasonable means, facilitate the examination or reexamination of the goods by an officer, the taking of a correct account of the goods by an officer and the supervision, by an, officer, of the packing of the goods.
“135. When goods under drawback have been placed on a ship at a port or on an aircraft at an airport, for exportation, the officer into whose custody the goods were delivered at the port or airport shall acknowledge,
on the drawback notice, that the goods have been so placed on the ship or aircraft, and the owner or master of the ship, or the owner or pilot of the aircraft, as the case may be, shall acknowledge, on that drawback notice, the receipt of the goods on the ship or aircraft.
“136.—(1.) A claim for drawback of any import duty shall be made by furnishing to a Collector a drawback claim in accordance with a form approved by the Collector.
“(2) A claim for drawback shall be deemed not to have been made for the purposes of the last preceding sub-regulation if the drawback claim furnished to a Collector in accordance with that sub-regulation does not have endorsed on it a statement, made by the person claiming drawback, setting out—
(
a ) that the goods in respect of which the drawback is claimed have been exported;(
b ) that to the best of the knowledge, information and belief of that person those goods have not been and are not intended to be, re-landed in Australia; and(
c ) that that person was, at the time the goods were exported, entitled to drawback on the exportation of those goods.
“(3.) A drawback claim shall not be passed for payment by a Collector until after the exportation of the goods to which the drawback claim relates.
“(4.) Drawback of any import duty paid in respect of goods is not payable, except with the consent of the Minister, unless the drawback claim in respect of the goods is furnished to a Collector within one year after the exportation of the goods.”.
“149. The provisions of these Regulations with respect to the acknowledging of the receipt of goods, the carrying of documents with goods and the delivery of documents upon the delivery of goods apply to and in relation to the carriage of goods on a ship referred to in the last preceding regulation.”.
(
a ) by omitting from paragraph (e) the words “despatch notes” and inserting in their stead the words “other Customs documents”; and(
b ) by adding at the end thereof the following sub-regulation:—“(2.) For the purposes of paragraph (
e ) of the last preceding sub-regulation, ‘Customs document’ has the same meaning as in regulation 193 of these Regulations.”.
“156. In regulations 156 to 166 (inclusive) of these Regulations—
‘Committee’ means a Committee of Inquiry appointed under section 183D of the Act;
‘customs agent’ means a person who holds a licence that is in force and, in relation to a place, means a person who holds such a licence to act as a customs agent at that place;
‘licence’ means a licence to act as a customs agent that is in force.
“157. A licence shall be in accordance with Form 56.
“158.—(1.) A licensed customs agent shall be deemed to be a principal customs agent for the purposes of the next two succeeding regulations—
(
a ) if he is a person who is carrying on the business of a customs agent on his own account;(
b ) if he is the employee of a person carrying on the business of a customs agent on his own account and neither that person nor any other employee of that person is a licensed customs agent;(
c ) if, being a partner in, or an employee of, a firm that is carrying on the business of a customs agent, he, among all the persons who are either partners or employees of the firm, is the only person who is a licensed customs agent;(
d ) if, being a director or employee of a company that is carrying on the business of a customs agent, he, among all the persons who are either directors or employees of the company, is the only person who is a licensed customs agent; or(
e ) if a notice under either of the next two succeeding sub-regulations designating him as a principal customs agent is in force.
“(2.) A person, firm or company that is carrying on the business of a customs agent may from time to time, by notice in writing to a Collector, designate as a principal customs agent, a licensed customs agent who—
(
a ) if the notice is given by a person—is exclusively employed by the person;(
b ) if the notice is given by a firm—is a partner of the firm or is exclusively employed by the firm; or(
c ) if the notice is given by a company—is a director of the company or is exclusively employed by the company.“(3.) Where—
(
a ) a person to whom, or a firm or company to which, this sub-regulation applies has not given a notice under the last preceding sub-regulation; or(
b ) if such a person, firm or company has given such a notice, no such notice given by the person, firm or company is in force,
a Collector may, by notice in writing to the person, firm or company, designate as a principal customs agent a licensed customs agent whom the person, firm or company could so designate.
“(4.) The last preceding sub-regulation applies in relation to a person, firm or company that is carrying on the business of a customs agent—
(
a ) in the case of a person—if the person is not a licensed customs agent but two or more of his employees are licensed customs agents;(
b ) in the case of a firm—if, among all the persons who are either partners or employees of the firm, more than one of those persons are licensed customs agents; or(
c ) in the case of a company—if, among all the persons who are either directors or employees of the company, more than one of those persons are licensed customs agents.
“(5.) A notice under sub-regulation (2.) of this regulation designating a licensed customs agent as a principal customs agent ceases to be in force—
(
a ) if the person, firm or company giving it, by notice in writing to a Collector, cancels that first-mentioned notice;(
b ) if the licensed customs agent so designated—(i) dies;
(ii) ceases to be licensed as a customs agent, whether by the suspension or cancellation of his licence or by his failure to renew his licence; or
(iii) ceases to be a partner of the firm, a director of the company or an employee of the person, firm or company, as the case may be, giving the notice; or
(
c ) if the person, firm or company giving the notice ceases to carry on the business of a customs agent.
“(6.) A notice given to a person, firm or company under sub-regulation (3.) of this regulation designating a licensed customs agent as a principal customs agent ceases to be in force—
(
a ) upon the person, firm or company giving a notice under sub-regulation (2.) of this regulation;(
b ) if the person, firm or company ceases to carry on the business of a customs agent; or(
c ) if the licensed customs agent so designated—(i) dies;
(ii) ceases to be licensed as a customs agent, whether by the suspension or cancellation of his licence or by his failure to renew his licence; or
(iii) ceases to be a partner of the firm, a director of the company or an employee of the person, firm or company, as the case may be, to whom or to which the notice was given.
“159.—(1.) Subject to the next succeeding sub-regulation, the fee payable by an applicant for the grant of a licence is One pound.
“(2.) Where an applicant for a licence proposes, upon becoming licensed, to carry on business as a customs agent in such circumstances that he will be deemed to be a principal customs agent for the purposes of this regulation, the fee payable by the applicant for the grant of a licence is Five pounds.
“(3.) The fee payable by a customs agent for the renewal of the licence granted to him is—
(
a ) in the case of a customs agent who is deemed to be a principal customs agent for the purposes of this regulation—Five pounds; and(
b ) in the case of any other customs agent—One pound.
“160.—(1.) Subject to the next succeeding sub-regulation, the amount or value of the security that an applicant for a licence may be required to enter into is—
(
a ) One thousand pounds; or(
b ) in the case of an applicant for a licence to act as a customs agent only at Rockhampton, Townsville or Cairns or at any two or more of those places or at Launceston—Two hundred and fifty pounds.
“(2.) Where an applicant for a licence proposes, upon becoming licensed, to carry on business as a customs agent in such circumstances that he will be deemed to be a principal customs agent for the purposes of this regulation, the amount or value of the security that he may be required to enter into is—
(
a ) Two thousand pounds; or(
b ) in the case of an applicant for a licence to act as a customs agent only at Rockhampton, Townsville or Cairns or at any two or more of those places or at Launceston—Five hundred pounds.
“(3.) The amount or value of the security that a customs agent may be required to enter into is—
(
a ) in the case of a customs agent who is deemed for the purposes of this regulation to be a principal customs agent—(i) Two thousand pounds; or
(ii) if the customs agent is licensed to act as a customs agent only at Rockhampton, Townsville or Cairns or at any two or more of those places or at Launceston—Five hundred pounds; or
(
b ) in the case of any other customs agent—(i) One thousand pounds; or
(ii) if the customs agent is licensed to act as a customs agent only at Rockhampton, Townsville or Cairns or at any two or more of those places or at Launceston—Two hundred and fifty pounds.
“161.—(1.) The fees payable to a member of a Committee, other than a member who is an officer of the Public Service of the Commonwealth, are—
(
a ) in the case of a member who is the Chairman of the Committee—at the rate of Eight pounds eight shillings; and(
b ) in the case of a member, other than the Chairman, of the Committee—at the rate of Seven pounds seven shillings,
for each day on which he attends a meeting of the Committee.
“(2.) Where a member of a Committee, other than a member who is an officer of the Public Service of the Commonwealth, is absent from his home overnight by reason of his attendance at a meeting of the Committee, the member shall receive travelling allowance at the rate of Five pounds five shillings per day for each hour during which he is so absent from his home.
“(3.) The cost of return transport fares actually and necessarily incurred by a member of a Committee, other than a member who is an officer of the Public Service of the Commonwealth in travelling between his place of residence and the place where a meeting of the Committee is held is an allowance payable to the member.
“162.—(1.) Meetings of a Committee shall be convened by the Chairman of the Committee.
“(2.) A Committee shall cause a record of its proceedings, including a transcript of all evidence given before it, to be kept.
“162A. A notice under sub-section (1.) of section 183J of the Act shall be in accordance with Form 57.
“162B. A summons under sub-section (l.) of section 183K of the Act to a person to attend before a Committee shall be in accordance with Form 57A.
“162C. A warrant under sub-section (1.) of section 183M of the Act shall be in accordance with Form 57B.
“163.—(1.) A customs agent shall not act as the agent of an owner of goods unless he is authorized by the owner so to act.
“(2.) A person employed by, or acting under the instructions of, a customs agent shall not act as the agent of an owner of goods unless the customs agent is authorized by the owner so to act.
Penalty: Fifty pounds.
“164. A person shall not, at a place to which the limitation referred to in section 180 of the Act extends, act as the agent for an owner of goods unless that person is exclusively in the employment of the owner or is a customs agent who holds a licence to act at that place.
Penalty: Fifty pounds.
“165.—(1.) A person who is not the holder of a licence shall not assume or use, in connexion with his trade, business, calling or profession, any words that are reasonably likely to lead to the belief that his trade, business, calling or profession is being carried on under licence.
Penalty: Twenty pounds.
“(2.) A person who is not the holder of a licence shall not—
(
a ) place, or suffer or permit to be placed, on the building in which he carries on his trade, business, calling or profession;(
b ) use in an advertisement published, or in a sign displayed, in connexion with his trade, business, calling or profession;(
c ) use on a document, as a description of his trade, business, calling or profession; or(
d ) use as the name or part of the name of a firm or company registered in Australia,
the words ‘customs agent’, or any words so nearly resembling the words ‘customs agent’ as to be likely to deceive, whether the words so used are used alone or in conjunction with other words.
Penalty: Twenty pounds.
“(3.) The last preceding sub-regulation shall not be deemed to limit the application of sub-regulation (1.) of this regulation.
“(4.) Sub-regulations (1.) and (2.) of this regulation do not apply to a person who, on his own behalf or as a partner, carries on the business of a customs agent if an employee or a partner of the person is the holder of a licence or to a body corporate if an employee or a director of the body corporate is the holder of a licence.
“166. Where a customs agent in relation to whom there is in force a guarantee, for the purposes of this regulation, in such form as a Collector approved and in such sum as a Collector determined, enters goods for home consumption at a customs office, the customs agent may, instead of paying the duties of customs payable on the goods at the time of making the entry of the goods, pay those duties at or before the closing time for the receipt of cash at the customs office on the day on which goods are so entered.”.
“191.—(1.) Where goods subject to the control of the Customs are moved from one place in Australia to another place in Australia, the person in actual charge of each ship or aircraft, or of each licensed carriage, boat or lighter, in which the goods are carried in the course of being so moved shall, if so required by a Collector, cause a receipt for the goods to be given on a form approved by the Collector and shall cause to be carried with the goods, and to be delivered to the person to whom he delivers the goods, such Customs documents relating to the goods as the Collector requires.
Penalty: Fifty pounds.
“(2.) In the last preceding sub-regulation, ‘Customs document’ has the same meaning as in regulation 193 of these Regulations.”.
34. Regulation 197 of the Customs Regulations is repealed.
35. Form 1A in the Schedule to the Customs Regulations is amended—(
а ) by omitting the word and figure “Form 1A.” (second occurring); and
(
b ) by omitting the word and figures—“Regs. 32, 99, 101, 103.”
and inserting in their stead the word and figures—
“Regs. 32, 101 and 103.”
FORM 6.
Reg. 45. AUSTRALIAN CUSTOMS.
APPLICATION FOR COLLECTOR’S PERMIT TO UNSHIP GOODS BEFORE ENTRY AND FOR PERMISSION TO WORK OVERTIME.
Port of
State of
Date
To the Collector.
I request permission to unship any goods included in the cargo of—
*any ship of which I am the owner, agent or master
*any aircraft of which I am the owner, agent or pilot
before an entry is passed in respect of the goods, and; when necessary, to receive, load and work cargo on, and to discharge cargo from, any such *ship/*aircraft before and after working hours.
In consideration of the Collector granting permission accordingly I undertake—
(
a ) to protect all goods landed under a Collector’s permit granted in pursuance of this application;(
b ) to pay all expenses incurred in protecting and storing any such goods;(
c ) that all such goods shall be kept safely while, in accordance with section 76 of the Act, the goods are at the risk of the—*master or owner of the ship;
*pilot or owner of the aircraft;
(
d ) to pay on demand an amount equal to the customs duty payable on any goods shown on an Inward Manifest delivered to a Collector in respect of such *a ship/*an aircraft and not accounted for or delivered to the satisfaction of a Collector;(
e ) to pay the amount of overtime payable, under theCustoms Act 1901-1959 and the Customs Regulations from time to time in force, in respect of the services of the officers engaged in supervising the receiving, loading, discharge or delivery of any such goods; and(
f ) to give due notice to a Collector before cargo is received, loaded or worked on, or discharged from, any such *ship/*aircraft before or after working hours on any day.
Signature of Owner, Agent, Master or Pilot.
* Strike out whichever is inapplicable.
Sec. 74. FORM 6A.
Reg. 45. AUSTRALIAN CUSTOMS.
COLLECTOR’S PERMIT.
I hereby approve the abovementioned application and grant this Collector’s Permit to the applicant to unship goods included in the cargo of any *ship of which the/*aircraft of which the *applicant is the owner, agent or master/*applicant is the owner, agent or pilot before an entry is passed in respect of the goods and, when necessary, to receive, load and work cargo on, and to discharge cargo from, any such *ship/*aircraft before and after working hours on any day other than , subject to compliance with the undertakings contained in the application.
Date Collector.
* Strike out whichever is inapplicable.
Sec. 69. FORM 10.
Reg. 35. AUSTRALIAN CUSTOMS.
SIGHT ENTRY.
Port of Date , 19 .
*Ship/*Aircraft from reported
Station.
Owner per Agent
Number on manifest. | Marks and numbers. | Number of packages. | Description of packages and goods. | Number and date of perfect entry. |
I declare that I am (the agent duly authorized by )
the owner of the abovementioned goods, and that—
‡(
a ) I have not in my possession, nor can I procure immediately, an invoice or other information that will enable me to make a complete entry of the goods;‡(
b ) the genuine invoice now produced does not give sufficient information for making a proper entry in respect of the goods.
*Owner.
*Agent.
Declared before me this day of , 19 .
Collector.
* Strike out whichever is inapplicable,
Strike out the words in brackets, if inapplicable.
‡ Strike out paragraph (
a ) or paragraph (b ), whichever is inapplicable.Secs. 40A and 68. FORM 11.
Reg. 37. AUSTRALIAN CUSTOMS. Warrant No.
ENTRY FOR HOME CONSUMPTION.
(In quadruplicate.)
Port of Date , 19 .
*Ship/*Aircraft from reported Station
Owner per Agent.
Number on manifest. | Marks and numbers. | Number of packages. | Statistical item. | Description of packages and goods. | Tariff item. | Country of origin. | Quantity or weight. | Value for duty. | Rate of duty. | Duty payable. | Primage duty. | |||||||
Rate. | ||||||||||||||||||
£ | £ | £ | ||||||||||||||||
Totals | ||||||||||||||||||
Total amount payable on this entry (being the sum of the “Duty payable” and “Primage duty” columns). | £ | |||||||||||||||||
Total number of packages (in words)
Total amount payable (in words)
I, , the ‡(authorized agent of the) owner
make this entry.
* Owner
* Agent
* Strike out whichever is inapplicable.
For statistical purposes, where goods are entered under a By-law made under Tariff Item 449, both that Item and the Tariff Item under which the goods, or the major portion of the goods, would be classified in the absence of that By-law, and of a By-law made under any other Tariff Item, must be shown.
‡ Strike out the words in brackets, if inapplicable.
Secs. 40A and 68. FORM 12.
Reg. 38. AUSTRALIAN CUSTOMS. Warrant No.
IMPORTS—WAREHOUSING ENTRY.
(In quintuplicate.)
Port of Date , 19 .
*Ship/*Aircraft from reported station
Owner per Agent.
Number on manifest. | Marks and numbers. | Number of packages. | Statistical item. | Description of packages and goods. | Tariff item. | Country of origin. | Quantity or weight. | Value for duty. | Rate of duty. | Rate of primage duty. | Bond mark. | ||
£ | |||||||||||||
Total number of packages (in words)
To be warehoused at warehouse.
I, , the ‡ (authorized agent of the) owner
make this entry.
*Owner
*Agent
* Strike out whichever is inapplicable.
For statistical purposes, where goods are entered under a By-law made under Tariff Item 449, both that Item and the Tariff Item under which the goods, or the major portion of the goods, would be classified in the absence of that By-law, and of a By-law made under any other Tariff Item, must be shown.
‡ Strike out the words in brackets, if inapplicable.
Sec. 68. FORM 14.
Reg. 39. AUSTRALIAN CUSTOMS. Warrant No.
TRANSHIPMENT ENTRY.
(In quadruplicate.)
Under Customs Control.
Port of Date , 19 .
*Ship/*Aircraft from reported station
To be transhipped under Customs control per for
Owner per Agent.
Number on manifest | Marks. | Numbers. | Description of goods. | Country of origin. | Quantity and value. |
Security No. |
Total number of packages (in words)
I, , the (authorized agent of the) owner
make this entry.
* Owner
* Agent
* Strike out whichever is inapplicable.
Strike out the words in brackets if inapplicable.
41. Form 18 in the Schedule to the Customs Regulations is repealed.
Sec. 104. FORM 20.
Regs. 81 and 95. AUSTRALIAN CUSTOMS. Warrant No.
ENTRY FOR REMOVAL TO A SPECIFIED PLACE.
Port of Date , 19 .
To be moved under Customs control per
from
to
Owner per Agent
*Inward line number. | *Marks or bond marks and numbers. | *Number of packages. | *Description of goods. | *Date of importation. | Tariff item. | Country of origin. | Quantity or weight. | Value for duty. | Rate of duty. | Rate of primage duty. | How accounted for at destination. | ||
£ | |||||||||||||
Total number of packages (in words)
I, , the (authorized agent of the) owner
make this entry.
‡ Owner
‡ Agent
* In the case of warehoused goods, all columns except the first column should be completed. In the case of other goods only the columns marked with an asterisk should be completed.
Strike out the words in brackets if inapplicable.
‡ Strike out whichever is inapplicable.
43. Form 22 in the Schedule to the Customs Regulations is amended by omitting the words “Ex Warehouse under Transit Permit,” and inserting in their stead the words “Under entry for removal to a place specified in the entry”.
44. Forms 23 and 24 in the Schedule to the Customs Regulations are repealed.
45. Forms 28 and 29 in the Schedule to the Customs Regulations are repealed and the following form is inserted in their stead:—
Secs. 87 and 99. FORM 28.
Reg. 69. AUSTRALIAN CUSTOMS.
APPLICATION TO RE-PACK OR RE-WEIGH WAREHOUSED GOODS, OTHER THAN BULK POTABLE SPIRITS.
Port of Date , 19 .
Warehoused at
I request permission to *have examined/*re-pack/*re-weigh for *home consumption/*export/*removal the following goods.
Owner per Agent.
Bond mark. | Package number. | Number of packages and description of goods. | If ad valorem duty—value for duty. | If fixed rate of duty— | |
Original net weight or quantity. | Original tare. | ||||
Signature of owner or agent.
* Strike out whichever is inapplicable.
Sec. 104. FORM 30.
Reg. 78 AUSTRALIAN CUSTOMS. Warrant No.
ENTRY EX WAREHOUSE—FOR HOME CONSUMPTION.
(In quadruplicate.)
Port of Date , 19 .
Cleared from warehouse.
Owner per Agent.
Bond marks. | Number of packages. | Statistical item. | Description of packages and goods. | Tariff item.* | Country of origin. | Quantity or weight. | Value for duty. | Rate of duty. | Duty payable. | Primage Duly. | |||||||
Rate. | |||||||||||||||||
£ | £ | £ | |||||||||||||||
Totals | |||||||||||||||||
Total amount payable on this entry (being the sum of the “Duty payable” and “Primage duty” columns).
Total number of packages (in words)
Total amount payable (in words)
I, , the (authorized agent of the) owner make this entry.
‡ Owner
‡ Agent
* For statistical purposes, where goods are entered under a By-law made under Tariff Item 449, both that Item and the Tariff Item under which the goods, or the major portion of the goods, would be classified in the absence of that By-law, and of a By-law made under any other Tariff Item, must be shown.
Strike out the words in brackets if inapplicable.
‡ Strike out whichever is inapplicable.
Secs. 40A and 104. FORM 37
Reg. 81. AUSTRALIAN CUSTOMS. Warrant No.
ENTRY FOR EXPORTATION—UNDER BOND GOODS.
(In sextuplicate.)
Port of Date , 19 .
From by *ship/*aircraft
Owner per Agent.
Marks or bond marks. | Numbers. | Description of goods. | Statistical item. | Country of origin. | Country of final destination. | Quantity or weight. | Original import value for duty. | Export value in Australian currency. | ||
£ | £ | |||||||||
Total number of packages (in words)
I, , the (authorized agent of the) owner make this entry.
* Owner
* Agent
* Strike out whichever is inapplicable.
Strike out the words in brackets if inapplicable.
Sec. 114. FORM 38. No.
Reg. 99. AUSTRALIAN CUSTOMS.
ENTRY FOR EXPORTATION.
(In triplicate.)
Port of Date , 19 .
Per *ship/*aircraft Date of departure
for
Owner per Agent.
Marks and numbers. | Number of packages. | Description of goods. | Statistical item. | Country of origin. | Country of final destination. | Quantity or weight. | Export value in Australian currency. |
£ |
I, , the (authorized agent of the) owner make this entry.
* Owner
* Agent
* Strike out whichever is inapplicable.
Strike out the words in brackets if inapplicable.
Sec. 114. FORM 38A.
Reg. 99. AUSTRALIAN CUSTOMS. Warrant No.
EXPORT ENTRY—DUTIABLE GOODS.
(In quadruplicate.)
Station Date , 19 .
Per *ship/*aircraft Date of departure
for
Owner per Agent.
EXPORT PARTICULARS.
Marks and numbers. | Number of packages. | Description of packages and goods. | Statistical item. | Country of origin. | Country of final destination. | Quantity or weight. | Export value in Australian currency. |
£ |
PARTICULARS OF DUTY.
Description of goods. | Country of origin. | Quantity or weight. | Duty payable. | ||
£ | |||||
Total number of packages (in words) Total amount payable (in words) | Total amount payable on this entry................................. | ||||
I, , the (authorized agent of the) owner make this entry.
* Owner
* Agent
* Strike out whichever is inapplicable.
Strike out the words in brackets if inapplicable.
Sec. 183A. FORM 56.
Reg. 157. AUSTRALIAN CUSTOMS.
LICENCE TO ACT AS CUSTOMS AGENT.
In pursuance of section 183A of the
This licence is granted for the period
commencing on the day
of , 19 , and ending on the thirty-first day of December, 19 , but may, subject to Part XI. of
the
Dated this day of , 19
Collector of Customs.
Sec. 183J. FORM 57.
Reg. 162A. AUSTRALIAN CUSTOMS.
NOTICE OF INQUIRY.
To
Whereas the Comptroller-General of Customs has appointed, in pursuance
of section 183D of the
Now therefore, I, ,
the Chairman of the Committee so appointed, in pursuance of section 183J of the
If you attend at the time and place specified above, the Committee will afford you an opportunity of examining witnesses, of giving evidence and calling witnesses and of addressing the Committee. If you do not attend at the time and place specified above, the Committee may, unless satisfied that you are prevented by illness or other unavoidable cause from so attending, proceed to hold the inquiry in your absence.
Dated this day of , 19 .
Chairman.
Sec. 183K. FORM 57A.
Reg. 162B. AUSTRALIAN CUSTOMS.
SUMMONS.
To
I, , the Chairman of a Committee of Inquiry
appointed under section 183D of the
, 19 , at the hour of o’clock in the noon to give evidence in connexion with the matter and then and there to produce any books, documents and writings in your custody or control that relate to the matter and, in particular, the books, documents and writings specified hereunder.
Matter referred to—
Books, Documents and Writings specified—
Dated the day of , 19 .
Chairman.
NOTE:
Section 183p of the
Sec. 183M. FORM 57B.
Reg. 162C. AUSTRALIAN CUSTOMS.
WARRANT.
To , and to every police officer.
Whereas
the Comptroller-General of Customs has, in pursuance of section 183D of the
And whereas it
has been proved to my satisfaction that of has been duly served with a
summons under section 183K of the
And whereas the said , although called before the Committee to give evidence, has failed to appear:
Now therefore, I, ,
the Chairman of the Committee, in pursuance of the powers conferred on me by
section 183m of the
Given under my hand at in the State of this day of 19 .
Chairman.
Class I.
Class II.
“(
a ) in respect of the Class III. warehouseClass IV.
Class V.
situated at in the said State and known as ; and”.
By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
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