Enforcement of Penalties and Forfeitures Regulations (Provisional) (Cth)

STATUTORY RULES.

1905. No. 7.

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PROVISIONAL REGULATIONS UNDER THE CUSTOMS ACT 1901.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations, under the Customs Act 1901, should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this fifth day of January, One thousand nine hundred and five.

NORTHCOTE,

Governor-General.

By His Excellency’s Command,

A. McLEAN.

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Provisional Regulations for the Enforcement of Penalties and Forfeitures under Part XV. of the Customs Act 1901.

1.(1) Any order made by the Minister under Part XV. of the Customs Act 1901 for the enforcement of any penalty or forfeiture which he has determined has been incurred may be filed in any court of summary jurisdiction, and thereupon the order shall have effect as if it were an order of that court.

(2) Subject to these Regulations, all laws of the State relating to the enforcement of orders of courts of summary jurisdiction in force in the place where the court in which the order is filed is situated shall, to the extent to which they are applicable, apply to all matters relating or incidental to, or in connexion with, the enforcement of the penalty or forfeiture specified in the order so filed, and to any process for such enforcement.

(3) On the application of any officer of Customs, any justice of the peace having jurisdiction in the place may issue a warrant of execution, or warrant of commitment, or other process applicable for the purpose of the enforcement of the order so filed.

2. A warrant of execution may be in accordance with the Form A in the Schedule, or in accordance with any form of warrant of execution or distress (applicable to the circumstances) under any law in force in the State where the warrant is issued.

3. A warrant of commitment may be in accordance with the Form B in the Schedule, or in accordance with any form of warrant of commitment (applicable to the circumstances) under any law in force in the State where the warrant is issued.

C.12918.—Price 3d.

 

4. Any form of warrant of execution, warrant of commitment, or other process, whether provided by these Regulations or by the law of the State, may be varied according to the circumstances of the case, and no warrant of execution, warrant of commitment, or other process shall be held to be invalid by reason of want of form.

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The Schedule.

form a.

Warrant of Execution.

To

Whereas an order dated the day of 190 by the Minister of State for the Commonwealth of Australia administering the Customs for the enforcement of a penalty of  imposed upon of by an order of the said Minister made under Part XV. of the Customs Act 1901, and dated the day of 190 has been filed in the court of summary jurisdiction at in the State of And whereas by the said first-mentioned order it was ordered that the said penalty be enforced by the levy of execution against the goods and chattels of the said and in default of sufficient goods and chattels by imprisonment of the said for a period of unless the said penalty is sooner paid. And whereas the said penalty has not been paid. Now therefore these are to command you in His Majesty’s name forthwith to take the goods and chattels of the said and if within the space of days next after taking them the said penalty together with the reasonable charges of taking and keeping the said goods and chattels is not paid that you then sell the said goods and chattels and pay the money arising by such sale to at in the said State, and if no goods and chattels can be found that you certify the same to me or some other justice of the peace.

Given under my hand at in the State of in the Commonwealth of Australia the day of 190 .

_____________________________________J. P.

form b.

Warrant of Commitment.

To

and to the Keeper of His Majesty’s Gaol at

Whereas an order dated the day of 190 by the Minister of State for the Commonwealth of Australia administering the Customs for the enforcement of a penalty of  imposed, upon of by an order of the said Minister made under Part XV. of the Customs Act 1901, and dated the day of 190 has been filed in the court of summary jurisdiction at in the State of And whereas by the said first-mentioned order it was ordered that the said penalty be enforced by the levy of execution against the goods and chattels of the said and in default of sufficient goods and chattels by imprisonment of the

 

said for a period of unless the said penalty is sooner paid. And whereas the said has not paid the said penalty. And whereas a warrant of execution has been issued against the goods and chattels of the said and it appears by the return to the said warrant that no sufficient goods and chattels of the said have been found. Now these are therefore to command you in His Majesty’s name to apprehend the said and unless the said penalty is sooner paid deliver him into the keeping of the keeper of the gaol at together with this warrant. And to command you the said keeper to receive the said into your custody in the said gaol there to imprison him for the period of  unless the said penalty and all costs and charges of the said execution and of the commitment and conveying of the said to the said gaol amounting to the further sum of be sooner paid to you or unless you sooner receive a certificate from the clerk of the court at  or the Collector of Customs at that the said penalty and costs and charges have been paid. And for so doing this shall be your sufficient warrant.

Given under my hand at in the State of in the Commonwealth of Australia this day of 190

_____________________________________J.P.

 

By Authority: Robt. S. Brain, Government Printer, Melbourne.