The Border Duties Act of 1873 No 19a (NSW)

No. XXIV.

An Act to m a k e provision for suspending the

collection of Customs Dut ies on the River

Mur ray . [25th April, 1873.]

WH E R E A S suspending t h e collection of Customs Dut ies on t h e R ive r

it is expedient t h a t provision should be m a d e for

M u r r a y or sou the rn bounda ry of N e w South W a l e s Be i t therefore

enac ted b y the Queen ' s Mos t Exce l len t Majesty by a n d wi th t h e advice a n d consent of t h e Legislat ive Counci l and Legis la t ive Assembly of N e w South W a l e s in Pa r l i amen t assembled and by the au thor i ty of t h e same as follows :—

1. I t shall be lawful for t h e Governor w i th t he advice of the E x e c u t i v e Counci l for t he t ime be ing to m a k e an A g r e e m e n t or Convent ion unde r t h e hands and seals of any two of t he Member s of t he said Council w i th t h e Governmen t of Victor ia for d iscont inuing t h e ac tua l collection of Cus toms Dut ies and charges of every k ind upon the impor ta t ion of all dut iable goods from ei ther of such Colonies in to t h e other across or b y way of t he River M u r r a y and for es tabl ishing in l ieu of such collection a n d du r ing the con t inuance of such Agreemen t or Convent ion a system by means of which t h e G o v e r n m e n t of N e w South W a l e s and Victor ia respectively shall

establishing

receive wi thou t t h e ac tua l collection thereof t he Dut ies of Cus toms to

wh ich each Governmen t m a y be ent i t led upon the impor ta t ion of such goods from e i ther of such Colonies in to t h e o ther across or by way of t h e R ive r M u r r a y or bounda ry be tween N e w South W a l e s and Vic tor ia Provided t h a t such A g r e e m e n t or Convent ion shall be in t he form and to the effect of t he M e m o r a n d u m of Agreemen t set forth in t he Schedule here to .

2. Subject t o t he condit ions and s t ipula t ions of any such Agree­ m e n t or Convent ion so to be m a d e wi th t h e Government of Victoria i t shal l be lawful for t h e Governor wi th the l ike advice and unde r t he hands and seals of any two of t h e Members of t he Execu t ive Council as aforesaid to m a k e an A g r e e m e n t or Convent ion wi th t h e Govern­ m e n t of Sou th Aus t ra l i a for d iscont inuing t h e ac tua l collection of Cus toms Dut ies and charges of every k ind u p o n the impor ta t ion of all dut iable goods from ei ther of t h e Colonies of N e w South Wales or South Aus t ra l i a in to t he o ther across or by way of t he River M u r r a y

or b o u n d a r y be tween N e w South W a l e s and South Aus t ra l i a and for

es tabl ishing in lieu thereof and dur ing t h e con t inuance of such Agree ­ m e n t or Convent ion a l ike sys tem and subject to t he l ike t e rms and condit ions mutatis mutandis as between the said Colonies as in t h e

n e x t preceding section are provided as be tween N e w South W a l e s a n d

Vic tor ia Provided t h a t t h e year ly s u m in such Agreemen t or Conven­

t ion s t ipula ted to be paid by South Aus t ra l i a to N e w South W a l e s

du r ing such cont inuance as aforesaid shall no t be less t h a n t h i r t een

thousand and	five h u n d r e d pounds	A n d	such s u m shall be payable
by	equal	quar t e r ly	paymen t s .

3 . D u r i n g t h e con t inuance of any such A g r e e m e n t or Conven­

t ion as aforesaid t h e Acts e igh th Victor ia n u m b e r s ixteen n in th

Vic tor ia n u m b e r fifteen th i r ty- four th Victor ia n u m b e r twenty-one and all o ther laws whatsoever which impose Cus tom Dut ies or other charges or author ize regula t ions to be made in respect to t h e same on the t r ade and commerce across or by way of t he b o u n d a r y be tween N e w South W a l e s and Victor ia and between N e w Sou th W a l e s and South Aus t ra l i a or of e i ther of such boundar ies shall be suspended and have no force or operat ion in regard to t h e said t r ade and commerce .

4 . N o t h i n g in th is A c t or t h e Schedule there to conta ined shall

p reven t t h e Governor wi th t h e advice aforesaid from author iz ing such

a depa r tu re from the conditions and s t ipulat ions conta ined in t he said Schedule as m a y be found necessary in comple t ing an Agreemen t to ca r ry out t h e purposes of th is A c t be tween N e w South W a l e s and Victor ia or between N e w South W a l e s and South Aus t ra l i a as t he case m a y be Provided t h a t t he dura t ion of any such A g r e e m e n t shall no t be longer t h a n th ree years and t h e year ly sum to be paid by Victor ia to N e w South W a l e s shall no t be less t h a n fifty-four thousand five

h u n d r e d pounds and the yearly	s u m to be paid by South	Aus t ra l i a
to N e w	South W a l e s shall no t be less t h a n th i r teen thousand	five

h u n d r e d pounds Provided fur ther t h a t no charge or impost of any k ind shall be levied on live stock t rave l l ing across or by way of t he River M u r r a y from N e w South W a l e s after a date to be fixed in such A g r e e m e n t .

5. This A c t m a y be cited as " The Border Dut ies A c t of 1 8 7 3 . "

SCHEDULE.

MEMORANDUM OF AGREEMENT made and entered into between

for and on behalf of the Colony of Victoria of the one part and

for and on

behalf of the Colony of New South Wales of the other part.

FOR the purpose of enabling each of the Colonies of Victoria and New South Wales to
receive the duties of Customs to which it is entitled on goods imported from the other across or by way of the river Murray or boundary between New South Wales and Victoria without the actual collection of such duties by Customs officers on the occasion of each importation it is agreed as follows :—

1. That for a period of three years from the day of

next goods of all kinds including live stock shall be imported from Victoria into New South Wales and from Now South Wales into Victoria across or by way of the river Murray or boundary as aforesaid without any payment of Customs duties or charges of any kind upon any such importation.

2. That during such period there shall be paid to New South Wales by Victoria by equal quarterly payments the yearly sum of Fifty-four thousand five hundred pounds (£54,500) such sum being the estimated annual balance which in each year would be payable to Now South Wales in respect of Customs duties upon goods passing through any of the Custom Houses on the river Murray after giving credit to Victoria for the duties payable upon goods imported into that Colony from New South Wales.

3. That the duties on goods which on the day of next shall

have been imported into New South Wales from Victoria by the river Murray and shall then be in any of the New South Wales bonded warehouses on that river and the duties on all goods which may hereafter during the continuance of this Agreement be imported in bond from Victoria by the river Murray and placed in the present or any future bonded warehouse in New South Wales on the said river shall be collected by New South Wales and paid over to Victoria without charge.

4. That should the Legislature of New South Wales during the period of three years set forth in the first clause of this Agreement reduce or repeal the Customs or Excise duties at present imposed by law the yearly sum to be paid to New South Wales shall in a corresponding manner be adjusted and reduced such adjustment to be deter­ mined by the amount of duties collected during the twelve months from the first day of February 1872 until the 1st day of February 1873 on the dutiable article or articles affected by such alteration of the law.

5. That should the said Legislature during the same period of three years increase the Customs or Excise duties at present imposed by law or impose new duties upon articles now admitted free the sum to be paid to New South Wales shall be adjusted and increased by the proportional amount received on the articles so subjected to Customs duties during the next succeeding six months after the Act imposing such duties comes into operation.

6. That nevertheless it shall be optional for New South Wales or Victoria on the Legislature of either Colony passing any measure altering the Customs or Excise duties at present in force in such Colony to retire from this Agreement on giving thirty days notice of its intention so to retire.

7. That for the purposes of this Agreement all bonded warehouses shall be on the river Murray or boundary as aforesaid and not on the tributaries of that river.
8. That the Government of Victoria shall afford all customary facilities for the transport under bond of goods destined for consumption in New South Wales to the river Murray.

9. That should it be found during the period of this Agreement that tobacco the produce or manufacture of either New South Wales or Victoria is being introduced into the other Colony to the detriment of its Revenue the Colonial Treasurer of New South Wales or the Commissioner of Trade and Customs of Victoria as the case may be is hereby empowered to prohibit the introduction of any such tobacco into the Colony so objecting on account of detriment to its Revenue except in bond or on payment of the duty due on tobacco of similar kind then chargeable on tobacco imported from elsewhere after three months notice in writing shall have been given by the said Colonial Treasurer of New South Wales to the Commissioner of Customs of Victoria or the said Commissioner of Customs to the Treasurer of New South Wales as the case may be if the Parliament of the Colony to which notice is so given be at any such time sitting otherwise at the expiration of six calendar months from the date of such notice.

10. That nothing herein shall be held to prevent New South Wales making such arrangements not inconsistent with this Agreement with South Australia as it may think fit in reference to Customs duties on goods imported into New South Wales from South Australia by way of the river Murray or establishing and maintaining such Custom Houses and bonded warehouses and making such regulations as it may think fit for the collection of Customs duties on goods imported from or through South Australia by way

of the river Murray but any goods imported into Victoria by the said river from South Australia or across the said river from South Australia via New South Wales shall be

altogether exempt from the provisions of this Agreement and shall be chargeable with

duty according to the Victorian tariff then in force and the New South Wales officers of Customs shall co-operate with the Victorian Customs officers and take all proper steps to prevent the provisions of this Agreement being in any such way infringed.

Done at Melbourne the	day of
Done at Sydney the	day of

No. X X V .