The Customs Regulation Act 1879 No 15a (NSW)

No. XIX.

OUSTOM.S

R egulation.

An Act to amend and consolidate the Laws

for the regulation of the Customs.

[14^ ̂

• May, 1879.]

Preamble.	"rTTHEREAS it is expedient that the several Acts now in force V V for the regulation of the Customs should he amended and
consolidated into one Act Be it therefore enacted hy the Queen’s Most Excellent Majesty hy and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows ;—

Acts repealed.

After the commencement of this Act the Avhole of the un

repealed sections of the several Acts set forth in the Eirst Schedule hereto shall be and are hereby repealed except as to anything previously done under the authority of any of the said Acts and except so far as relates to any arrears of duty or to any drawback Avhich shall he or become due or payable And except so far as may be necessary for the purpose of supporting or continuing any proceeding already taken or to he taken after the commencement of this Act And except as to the recovery or application of any penalty for any offence committed or any forfeiture incurred before the c()mmencement of this Act And all orders and regulations and appointments didy made and all bonds or other securities taken or licenses granted shall nevertheless he valid and effectual.

1879.

42" YIC.

N o. 19.

Customs Megulation.

2. In the construction of this Act the following words within interpretation of

inverted commas shall have the meanings and include the persons or things set against them respectively unless inconsistent Avith the context—

“ Boat”—Any Â essel employed in removing goods or passengers

in port.

“ Bonded Goods”—All dutiahlc goods placed in a warehouse under the control of tlie Customs pending the payment of duties.

“ Cargo”—A ll articles of merchandise not being ships’ stores pas sengers’ luggage or hallast.

“ Coaster” or “ Coasting-ship”—Any ship employed in the coast

ing trade.

“ Coasting Trade”—Trade hy ships from port to port Avithin the

Colony.

“ Collector”—^Thc Collector oi Customs or the principal officfir of Customs at any port or place or any person duly appointed to act for cither.

“ Commissioners”—The Board called “ The Commissioners of

Customs.”

“ Customs”—The Department of Customs.

“ Dray”—Any wheeled carriage for the conveyance of goods.

“ DraAvhack”—The laAvful return of duty previously paid on

exportation of goods.

“ Dutiable Goods”—All goods subject to the payment of duty

and on which duty has not yet been paid.

“ Entry”—The Customs document required for the landing or

discharge of goods from any importing ship or Avarehouse.

“ Eoreign” or “ Abroad”— Out of the Colony of New South

Wales.

“ Goods ”—Any description of merchandise or chattels.

“ Governor”—The Governor AAuth the advice of the Executive

Council.

“ IlatcliAvay ”—Any entrance whatever to the hold of a vessel.

“ Importer ”—The owner consignee or other person then possessed

of or beneficially interested in any goods imported until duly

discharged hy the Customs.

“ Justice”—Any Justice of the Peace.

“ Landing W aiter”—Any officer autliorized to superintend the

landing or examination of goods on their importation or

exportation.

“ Legal W harf”—Any public wbarf quay raihvay shed or other

place duly appointed for the lading or unlading of goods.

“ Master ”—The person in command or charge of any ship.

“ Month ”— Calendar month.

“ Office ”—Any office or employment in the Department of

■

Customs.

“ Officer” “ Proper Officer” or “ Officer of Customs ”— Any person duly employed or appointed to act in the performance of any duty in the Customs or under this Act and who shall be deemed the proper officer or other officer named in any Act for the collection of Customs duties.

“ Owner of Goods ”—Any pc'rson entitled whether as OAAmcr or agent for the OAvner to the ])ossession of the goods subject to any laAvfiil lien subsisting.

“ Package ”— Cask case bundle or parcel of any kind or description.

“ Port ”—Any anchorage for shipping proclaimed to be a port.

“ Queen’s Warehouse”— Any place duly appointed for lodging

goods therein under the order of the Collector.

“ Ship”—

N o. 19.

42̂ VIC.

1879.

Customs Megulation.

“ Ship ”—Any kind of vessel used in navigation.

“ Shipowner ” or “ Owner of a Ship ”—The owner master or any

person authorized to act as agent for the owner or to receive

freight or other charges payable in respect of any ship.

“ Ship’s Stores”—All stores bond fide shipped for consumption

on hoard and not forming part of the cargo.

“ Seaman ”— Any mate mariner or other person being one of the

crew of any ship.

“ Sufferance W harf”—Any private wharf duly authorized for the

lading and unlading of goods.

“ Transire ”—A permit or warrant for the passage of goods coast

wise.

“ Uncustomed Goods ”—Any goods which have not been duly

passed hy the Customs.

“ Warehouse ” or “ Bonded Warehouse ”—Any licensed building or premises in which goods when landed from ships may he lawfully placed xantil cleared by the Customs.

“ Warehouse-keeper”— The officer in charge of any Queen’s Warehouse or the owner or other person lawfully in charge of any licensed warehouse.

“ Wharffnger ”—The owner or other person lawfully in charge of

any wharf.

Appointment o(

3. The Governor may appoint a Collector and such other Officers

Officers.

as may be required for carrying out the provisions of this Act all of whom shall he sulqect to the control of the Colonial Treasurer who may define the duties of every officer and may require any of them to give such security for good conduct as he may consider necessary.

Persons employed in	4. Every person duly employed on any service relating to the
Customs to be

deemed officers.	Customs shall be deemed to be the proper or particular officer named in any Act relating to the same for any prescribed duty or service And everything required to be done at any particular place within any port if done at any other place therein with the sanction or approval of the Colonial Treasurer or Collector shall be valid notwithstanding.
Declaration on ad-
nnssion to office.	5. Every person appointed to any office or in any way employed in the Customs shall when required by the Collector make and subscribe the following Declaration before the Collector or a Justice of the Peace—

“ I A .jB. solemnly declare that I will faithfully execute to the

best of my ability the office or trust committed to me in the

service of Her Majesty’s Customs and that I will not either

‘

demand or receive any fee or reward of any kind either directly or indirectly for doing or abstaining from doing any service act duty matter or thing in the execution of my office or employment on any pretext whatever except my salary and what is or may be allowed me by law or by the Colonial Treasurer or the Collector of Customs”—

omcers taking bribes And if any officer shall either demand or receive or consent to receive

may be dismissed.any such fee or reward lie shall on proof thereof to the satisfaction of

the Colonial Treasurer be liable to immediate dismissal.

Exemption from

6. No officer of the Customs shall be compelled to serve on any

public offices.	jury or in any municipal or other public office.
Public holidays.	7. The only annual public holidays kept by the Customs shall be Christmas Day Good Eriday New Year’s Day the Anniversary of Her Majesty’s Birthday and of the Prince of "Wales’ Birtliday the Anni versary of the Eoundation of the Colony (twenty-sixth January) or the day appointed for the celebration of any of them respectively and any public holiday proclaimed by the Governor.

Afpointmenii

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42̂ YIC.

No. 19.

Customs llcgulation.

Appointmoit o f Ports IVharfs Warehouses Sfc.

ArroiNTMENi op

l̂ OliTS &C

8. The Governor may hy piil)lic notice published in the Gazette

he a port and declare ^vliat ports or places sliall be Avarehousin^ ports icffii and suiicrance

or places And may apj)oint proper places Avithin the same to he le^al

—

appoint any liarhour havcu creek river or place within the Colony to And may also appoint proper places to he sutferance Avharfs for the lading- and unlading of goods and baggage under such conditions and restrictions as shall he from time to time provided and may from time to time revoke or alter the said appointments or any of tliem.

9. The GoA êrnor may in like manner appoint stations or ])laccs Appointment, of

for siiiits arriviim- at or den-arting- ifom anv i)ort AAutliin the Colonv to f

bring to for the hoarding or landing officers of the Customs And

the Collector may station officers on board any ship Avhile within the

limits of any such port.

10.

to he a Queen’s IVarehouse and may license persons to keep Avare- "areiiouscs.

houses approved hy him in such ports or places.

The Colonial Treasurt-r may appoint any building or premises Appointment of

11. The keeper of every such Avarehouse shall gme such security Warciionsc-keepcrs

hy bond or otherAvise as the Colonial Treasurer or Collector may r e q u i r e security,

and aitproA'e for the safe custody of all sucli goods as shall at any time

he Avttrehoused therein until dvdy cleared tlu-refrom and no goods shall

he deposited in any such Avarehouse after the commencement of this

Act until the required security sluill have been given

And no bond No bond required

shall after the commencement of this Act he required from the

importer of goods on the AA'areliousing thereof.

12. The keeper of every such AAm-ehouse shall pay annually hy Annual license fee.

four quarterly payments in adAunce a license fee according to the scale specitied in the Second Schedule to this Act and in default of payment of any portion of the said fee for fourteen days after notice shall have been given hy the Collector the goods bonded in such Avarehouse may he ri-moved by order of the Collector at the expense of the keeper to any other Avarehouse and the license of sucli keeper may he revoked.

13. The Colonial Treasurer may fix the rate of storage Avhich Ento and appropriu-

shall he payable in rcspi'ct of any goods deposited or secured in	storage,
any Queen’s or Bonded AVarchousc And all such rates Avhen p:iid in res])cct of storage in a (,)ncen’s AATirchouse shall he rcceiA cd and appropriated as duties of Customs.

11. The Collector may license the OAvners of boats and drays for Collector may

the convcA^ance of goods cleared for draAvback or from the Avarehoustt to	<	'<»■
be put on lioard any ship tor exportation or from any importing ship to any Avharf or quay and such goods shall bo coiiA êyed (unless Avhen being hmded in the ship’s own boats) only by persons so licensed or hy ]K-rsons in their employ and the Collector aaI k-ii granting any such license may require sufficient security by bond or otherwise for the faitbfnl and upright conduct of the licensee and his sei-A'ants.

15.

or any boat or lighter (otber than the ship’s oAvn boat) shall he

employi-d of Avhich the oAviu-r or charterer shall not he duly licenst-das bonded goods,

aforesaid or if any jicrson being licensed shall exhibit on his boat lighter

or dray or make use of any number other than a numh(-r duly allotted

to him hy the Collector in his license every such boat lighter or dray

with its tackle furniture and hors(-s may be seized by any proper officer

of Customs and shall be forfeited and the OAvner or charterer thereof

shall forfeit a sum of fifty pounds.

If in the removal of any bonded goods any dray or A'chicle Using non-iicmscd

K	Collection

N o. 19.

12» VIC.

1879.

Customs Regulation.

Collection of

Collection and management o f duties drawbacks and allowances.

D uties &c.

16. All duties of Customs rates and charges and all drawbacks

Duties to be under

management of the

and allowances now or hereafter imposed or allowed by law shall be

Colonial Treasurer.

under the management of the Colonial Treasurer and shall he calculated collected appropriated and paid under the provisions of the laws now or then in force relating thereto and all duties and drawbacks imposed or allowed according to any specified quantity or value shall be deemed to apply in the same proportion to any greater or less quantity or value and such duties shall he calculated according to standard weights and measures and paid (if so required l)y the Collector) in current coin.

Former duties to	17. Whenever any new duties are imposed by any Act in lieu
continue until new

duties chargeable.

of any former duties payable at the time of the commencement of such Act such former duties shall he payable until such new duties become chargeable except in cases "ivhere the Act imposing such ncAV duties shall otherwise provide ilnd all moneys payable from any duties of Customs whatsoever undc'r any former Act although com puted thereunder and whether secured by bond or otherwise shall be levied and appropriated as if the same had been made payable by this Act or any other Act in force at the time and all drawbacks or allow ances payable under any former Act shall he paid or allowed under this or such other Acts as may he at the time in force.

All moneys to be

paid into the

18. All sums of money received officially hy the Collector or any

Treasury.

officer of Customs shall within twenty-four hours after receipt thereof he paid into the Treasury or into such Bank or otherwise as the Colonial Treasurer shall appoint And at the same time the Collector or other officer shall transmit to the Colonial Treasurer a specific account of all snch sums received showing dates and items and according to such form as shall he required hy the Colonial Treasurer.

Goods may be ware

housed and be

19. All dutiable goods may be deposited in any warehouse

chargeable with	without payment of duty upon the first importation thereof and shall
existing duties on
similar goods.	upon being entered for home consumption he subject to such duties as may at the time of passing such entry be payable on similar goods under any Act imposing duties of Customs then in force except in cases where special provision shall he made in any such Act to the contrary.

D isputes between

Disputes between Importers and Officers o f Customs.

I mpobteks and

OrpiOEEs.

20.

I f any dispute shall arise as to the proper rate of duty

Importer to depositpayable in respect of any goods the importer thereof shall deposit in the

duty demanded and hands of tlic Collector the amount of duty demanded hv him and the goods. * ° same shall he deemed to be the duty authorized by law unless an

action shall be brought in the Supreme Court by the importer against the Collector within thirty days following to try the question whether any and what amount of duty is payable upon such goods And on payment of the said deposit and yiassing the required entry the said

Action may be	goods shall be forthwith delivered to the importer Provided always
brought or sub
mission to Commis	that the importer shall have the option of submitting a written statement
sioners.	of the matter in dispute to the Board of Commissioners hereinafter provided for their decision in lieu of bringing the said action And the said Commissioners shall thereupon have authority to enquire into and determine the matter in the' manner hereinafter provided.

If decided in favor of 21. In caso no sucli action shall be brought or submission made

to be'r'SuraerwftĴ ^̂ within tlic time hereinbefore limited for that purpose such deposit shall

interest. 'be applied to the use of Her Majesty as if the same had been originally

paid as the legal and undisputecl duty on such goods But in case such action shall be so brought or the matter in dispute be submitted to the

Commissioners

1879.

42̂ Y i a

No. 19.

Customs llegulation.

Commissionors for decision as last providcxl and it shall thereupon he finally determined tliat the duty so demanded and deposited was either excessive or that none Avas ])ayahle then the difierence in amount or the wliole sum deposited (as the case may be) shall forth with he returned to the importer Avith interest thereon after tlie rate of fiv(! pounds per centum ]>er annum during the period of deposit and such payment shall he accc])ted l)y him in satisfaction of all damages and expenses except costs of suit And the party succeeding in an action sliall he entitled to have his costs taxed as hetAvecn party and party and tlu' same shall he recovcanhle as in an ordinary action in such Court Provided that if the A-crdict shall he given against the Collector the costs so taxed shall be ]iaid out of the Consolidated Revenue.

22. If any dispute shall arise hetAAU'cn any masters or OAvners Disputestobereferred

of ships importers or t'xporti'rs of goods or their agents and any officer of Customs Avith refcriuico to the seizure or detention of any ship or goods or to any breach of or non-compliance Avith the laws or regula tions relating to the Customs it shall ho laAvful for the Commissioners to hear and determine such dispute and to adjudge the penalties

herein provided in that hehalf

And the Governor may wdiolly remit Governor may remit

or mitigate any penalty or forfeiture so adjudged.

penalties.

Board o f Commissioners and their functions.

23. The GoAmrnor shall from time to time appoint three persons Governor may to constitute a Board to he called “ The Commissioners of Customs” appoint a Board of

1 1 1

(f*

i * j _

1 1

f* ^otuiniBsioricrs &c.

Avho shall hold olliee lor a term oi tlireo years (any uro members oi

such Board shall form a quorum) and shall Avith open doors hear and

determine disputes betAveen any officer of Customs and any other person

respecting any matters AAdiatever redating to the Customs Avhich may be

submitted to their judgment by the Collector on hehalf of any such

ofiicer— or hy the person preferring any complaint against such officer—

or hy any person Atdio shall be dissatisfied with the determination of

■

the Collector—or hy the Colonial Treasurer iu respect of any matter

relating to the Customs.

24. 'The Commissionors shall take the evidence tendered to them Com-se of pro-

relating to the matter of enquiry on oath and may thereupon either decide the case and make an order accordingly or if they sec fit direct a prosecution under this Act And their decision and order in case any penalty or forfeiture shall he adjudged shall liavc the same force and clfect as a legal conviction for p(;nalti(!S hy J ustic('s And the Com missioners sliall for the purposes of this Act also possess all the authority conferred upon Justices hy any Act now or hereafter in force in cases of summary jurisdiction And the course of proceeding of the Commissioners upon the hearing of any such matter of dispute or other iiuĵ Liiry submitted to thmn shall be as nearly as possible in conformity

A \dth the practice adojited before Justices iu the exercise of their

summary jurisdiction Provided that all acts matters and things done and performed by the Board of Commissioners shall he subject to the disallowance of the Governor.

2.5. In case any penalty or forfeiture shall he adjudged hy the Penalty or forfeiture

Commissioners to be paid or enforced such j udgment or decision and order shall unless the same be by the GoA'ernor remitted Avithin scA'en days after such adjudication be as valid and (dfectual and may be enforced in like manner as any conviction and ordt'v A\diich Justices are empoAvered hy law to make upon summary eonvictions.

20. In the ('xercisc of their functions the Commissioners shall commissioners to have poAver to make rules and orders subject to the approval of the ™ake rules orders Colonial Treasurer for the general conduct of all business in relation ““

N o. 19.

42'’ VIC.

1879.

Customs llegulation.

to the matters submitted to them And with the like approval they may make the forms to be used for complaints or other matters of enquiry and for any other process necessary Eut if no form applic able to any matter has been so made or approved any approju’iate form in use in the District Courts may he used or altered so as

To award ccsti.

to make it applicable to the circumstances And the Commissioners may award all reasonable costs and expenses to the successful party not exceeding the scales allowed respectively in the said District Courts And they may summon and compel the attendance of witnesses

To summon

and the production of papers under a penalty oi' twenty pounds

And

witne jses.

when engaged in the hearing of any matter of inquiry under the pro visions of this Act they may exercise all the power and authority of a

To enforce order.

Chairman of General Sessions to enforce order during sucli inquiry hy

all persons whomsoever.

Eules and orders &o	27. All rules and orders for the general conduct of such
to be post ed iu

public places.

enquiries and the forms to he used Avhen so made and approA'ed as herein proAuded shall he suspended on a hoard or otherAvise exhibited in the long-room of the Custom House and other place appointed hy the Colonial Treasurer and in the room or apartment proAuded for the use of the Commissioners in conducting the enquiries submittcal to them under the provisions of this Act And a copy of the same shall also he published in the Gazette and aftenvards be laid before Parliament as hereinafter provided in the case of regulations made by the Governor.

Commissioners to

28. The Board of Commissioners shall meet for the despatch

meet ererj week.

of business at least once in every Aveek in such apartment in the Custom House or elseAvhere as mav he provided for them bv the Colonial Treasurer And they may proceed to the hearing of all

But may aciioum tii» matters SO as aforesaid authorized to be referred to them

Provided

hearing.

they may adjourn the hearing of any matter upon such terms as they may think fit whenever the justice of the case in their opinion demands a postponement.

Fees to the Board.

29. The sum of three hundred pounds shall he paid half-yearly by the Colonial Treasurer from the Consolidated E evenue Pund as fees for the attendance of the Commissioners at the meetings of the Board and the Commissioners may make rules subjt'ct to approÂ al of the GoA êrnor for the apportionment and distribution of such fees and if any Commissioner he absent at any time Avhen the Board may be required to meet the Governor may appoint a person to temporarily fill his place and such person shall he entitled to the proportion of fees Avhich for such meeting would otherwise have accrued to the Commissioner Avhose

Absence from Colony place is so filled had lie been present thereat And if any of such &e. held a resignation Commissioners shall fail to attend the meetings of the Board for three

months consecutively Avithout the sanction of the Colonial Treasurer he shall he held to liaA'e resigned his office ProAuded that no absence shall be sanctioned by the Colonial Treasurer for a longer period tlian six months ProA'ided also that any of such Commissioners may hy writing under his hand addressed to the GoA'ernor resign his office iu which case or in case of the death or remoAal from office of any such Commissioner the Governor may appoint a Commissioner in his place.

30. WhencA'er in any matter so submitted to the said Com

Colonial Treasurer

niaj mitigate penal	missioners any penalty or forfeiture shall have been incurred by tlie
ties &c.	person offending it shall be laAiTul for the Colonial Treasurer to mitigate; the penalty or to adjudge the payment of a sum of money in licAi of and less than the value of the thing forfeited if the matter involve'd is of small value or if in his o\|Ainion the forfeiture has been incurred through accident inadvertence or misconception of the Act or any regulation.

The

1879.

42'̂ VIC.

N o. 19.

Customs llegulation.

The j)roliihition. of certain goods.

Impobtation and

31. I f any "oods specified iu the following list of prohibitions

shall he imported or 1k̂ found on hoard any ship except for the purpose Proiiibiiion imd

of transliipment or exportation the same shall he forfeited and may he

destroyed or otlierwise disposed of as the Colonial Treasurer may

direct:

L ist or Goods ausolutely puotiibited to be imbobted—

Counterfeit coin or false money purporting to he sterling coin

of the realm and not heing of the established standard in

iveiglit or linencss

Indecent or ohscene hooks paintings drawings cards engravings photographs prints or oilier indecent or ohscene productions or articles

Spirits (not heing perfumed or medicinal spirits) in ships under forty tons register and (unless bottled) in casks or other vessels containing less than twelve gallons of liquids measurement and not duly reported as heing part of the cargo or stores of the importing ship

Snuff or tobacco in shijis under forty tons register and in packages each containing less than twenty-five pounds net weight or containing any other goods

Cigars or cigarettes in ships under forty tons register or in outer packages containing less than thirty pounds not weight or less than five thousand in number each or containing any other goods	,
Opium (except when made up in the form of chemists drugs) in ships under forty tons register and in packages each containing less than thirty pounds net Aveight or containing any other goods
Infected cattle sheep or other animals and hides skins horns hoofs or any other part of cattle or other animals Avhich the Governor may hy proclamation prohibit in order to prevent the spreading of any contagious disease.

Provided always that the above restrictions on tonnage shall not extend to the importation of any such goods hy the Liver Murray hy ships or boats of any less size if due notice of such goods heing thus imported shall he given hy the importer to the Collector.

32. The importation of arms ammunition gunpowder and other Arms &c. may be

explosives may he prohibited hy proclamation or order of the Governor

Avhenever deemed expedient.

The arrival and unlading o f S h f s from abroad.

33. I f upon the first levying or repealing of any duty or the Time of importation

first ])ermitting or prohibiting of any importation or at any other

amvai ddincd.

period or for any of the purposes of this or any Act relating to the Customs it shall become necessary to determine the precise time of the importation of any goods or the arrh-al of any ship such time shall he deemed to he that at Avhich the shi]> importing such goods shall have received a pilot on hoard for the purpose of entering or have actually entered the port or on the Liver Murray shall have taken her departure from her last port of call in Victoria or have crossed the one hundred and forty-lhst meridian of east longitude heing the dividing or boundary-line hetAveen South Australia and this Colony.

31. I f any ship coming into any port or place AAuthin the Colony Sbip to come quickly

shall not come as quickly up to the proper place of mooring or unlading	to'̂ sTaUcu
as the regulations and the nature of the port or Avind Avill admit—or shall not bring to at the stations duly appointed for the hoarding of ships

N o. 19.

42̂ VIC.

1879.

Customs llegulation.

by the officers of Customs—or if after arrival at such place such ship shall remove except directly to some other proper place of mooring or unlading without the sanction of the proper officer of the Customs— ̂ or if the master of any ship on board of which any officer is stationed shall refuse to provide such officer with sleeping accommodation or sufficient room under the deck for his hed or hammock the master of such sliip shall forfeit a sum not exceeding twenty pounds.

Officers to have access

35. Tlic proper officer of the Customs may board any ship arriving at any port in the Colony and stay on hoard until all the goods shall be duly discharged and shall have free access to every part of the ship with authority to fasten down hatchways and to secure any store-room cabin or place and to mark any goods before landing and to lock np seal mark or otherwise secure any goods on board such ship And if any storeroom cabin or place or any trunk box chest or package of any kind be locked or otherwise fastened and the same shall not be opened on demand such officer if he he ahove the rank of a tide- waiter may cause the same to be forcibly opened and if any dutiable goods be found concealed tlierein or on board any such ship they shall be forfeited.

to all goods.

Seals &c. not to be

36.

I f such proper officer shall place any lock mark or seal upon

broken.

any hatchway goods or ship’s stores or any package on hoard and such lock mark or seal be opened altered or broken by any one without authority— or if any goods or ship’s stores be secretly conveyed away —or if the hatchnnys after having been fastened down or any store room cabin or place after having been secured by the officer l)e opened—the master of such ship for every such offence in respect to goods shall forfeit a sum not exceeding one hundred pounds nor less than ten pounds and for every such offence in respect to ship’s stores shall forfeit a sum not exceeding fifty pounds.

R eport

&o.

Report o f ship and entry o f cargo from abroad.

37. The master of every ship Avhether laden or in ballast shall with

Master to report

arrival of sbip.

in tAventy-fonr hours after arriAnl from abroad at any port in the Colony and before breaking bulk except in the case of steamers hereinafter provided for and except when bulk may be broken under the provisions of the “ GunpOAvder and ExplosiA'e Consolidation Act of 1876” or of any Acts subjecting ships to Quarantine make due report of such ship in the appointed form of the several particulars indicated or required thereby and if the cargo shall have; been laden at more than one place shall state the names of those places Avhere the same Avere laden respectAely And if the master shall neglect to make such report as ahove required or if any of the particulars therein contained be false

Penalty.

he shall forfeit a sum not exceeding one hundred pounds.

Owner or agent may

38. Steamships employed in the Intercolonial and South Sea

report.

Island trades may he permitted to report subject to the provisions and penalties of the preceding clause either by the master or hy the owner or by an agent.

Goods not reported

39. Goods not duly reported may be detained by any officer of

may be detained.

Customs until explanation be made to the satisfaction of the Col lector and such goods may in the meantime be taken at the expense of the master to any Avarehouse And in case it shall appear to the Collector that sncfi omission Avas made with intent to defraud the revenue the master of the ship in Avliich they shall luiA e been imported shall forfeit a sum not exceeding one hundred pounds and if sucli omission shall appear to the Collector to haAC been made AAdth tire knoAA’ledge or conuiA ance of the OAvner of the goods such goods shall be forfeited Avithout affecting the master’s liability to the beforemen- tioned penalty.

40 .

1879.

42" YIC.

N o. 19.

Customs Regulation.

40. The master of every siieli ship arriving from abroad or in the Afastcr to aeiiTcr

case of steamships emploA'cd in tlie Intercolonial or South Sea Island

1 •

i loiswcr questions.

trade the owner or agent tliercoi shall at the time oi making sucli report dtdiver to the Colh'ctor on dttmaud the following ])apcrs viz. :—the clearance from the last ]>ort of departure the shipjting hills or cockets and store lists the certificate of rt'gislry the list of jtassengers on hoard and the manifest of the cargo of such ship with as many co])ies thereof as may he required and also the hill of lading or a copy thereof for every part of the cargo on hoard And shall answer all such questions relating to the ship cargo crcAV and voyage as shall he put to him hy the Collector And in case of ri'fusal to answer any such questions truly or to produce any such documents as herein mentioned or in case any such shall hî i'alsi' or if after the arrival of the ship within four leagues of the coast any part of the cargo h(! unshipped (unless authorized by any law in force as hereinhefore yirovided) the master or owner or agent aforesaid in every such case shall forfeit a sum not ('xcccding one hundred pounds.

41. The commanding officer of any ship of war having on omcer ofman-of-

board anv goods laden abroad f>r delivery in Aew Soutli Wales shall

on arrival at any port in tlû Colony and before any part of such goods '	'
he taken out of such ship sign and deliver to the Collector a report stating to the best of his knowledge the contents and quantity of every package of such goods a.nd the marks and numbers thereon and the names of the respective shippers and consignees of the same.

42. Whenever a slii]) shall ho wrecked or cast ashore upon any if ship ivrccked and

2iart of the coast of Aew South Wales the master thereof if hmded in

the Colony shall upon heing so required by the Colh'ctor make a report	’
of such ship and cargo so far as it may he practicable and in case of default in making such report he shall forfeit a sum not exceeding twenty pounds.

43. The Governor may make rules and regulations or may relax Regulations for alter or suspend the operation of any of the provisions of this Act for	River
the report entry and clearance of ships and goods on the llivi'r Murray to meet the circumstances of the trade on that river and may hy proclamation to be published in the Gazette exempt any ports or places on the said river or on any boundary-line or border of the Colony from the operation of this Act or any specified part thereof.

Transhipment o f Goods.

44. Goods imported hy any ship and intended for exportation Goods may bo tran-

may bo passed to the exporting ship by a transliipment entry in the

form appointed and such goods may be thereupon taken by licensed anotiu-r sidp.

boat or dray to sucli shi]) without examination provided a bond as

hereinafter provided iu the case of the exportation of ivarehoused

goods be executed.

45. Goods im])ort('d by any shi]) and intended for any other Goods may be tran-

])ort in the Colonv mav be tninshipiied to a coasting vessel without

-*■

' • n i ' i

̂ ̂

4‘xainiimtion to a

(^xaminuliou pimidod there l)(̂ a Customs oiiicer authorized to collect coaster,

duties at such port and provided a bond he {'xecutc'd as in the (‘ase

hereinafter provided with regard to warehoused goods sent coastwise.

Time fo r entry and landing o f goods after arrival o f ship.	T im e por E ntry.
40. Except as hereinafter provided for no goods except live

animals Iresli meat fish fruit vegetables coin and bullion (all which may landing goods,

be landed before report or entry) shall be unshipped or landed from any

ship without the authority of the Collector on Sundays or the holidays

defined by section seven of this Act or on Saturdays after the hour of

noon

N o. 19.

42° VIC.

1879.

Customs Itegidation.

noon or on any day beyond the appointed hours Is or shall any goods he unshipped or landed unless in the presence or u ith the authority of the proper officer of the Customs nor he landed except at some legal or sufferance Avharf or other place duly appointed for the landing of goods nor shall any such goods after having been unshipped or put into any boat to he landed h(! transhipped or i-emoved into any otlier boat pre viously to their being landed without the ])ermissiou of the proper officer of the Customs And Avhen any goods shall he unshipped from any importing ship for the purpose of heing landed after due entry tliereof such goods shall he fortlnvith landed at the wharf or other place at which the same arc intended to he landed and if any such goods shall he so unshipped landed transhipped or removed contrary hereto such goods together with the boat cinployed in lannoving the same sliall he forfeited.

Times allowed for

47. The importer of goods shall make entry thereof before the

entry of goods.

expiration of the time hereinafter respectively prescribed after the date

of the report of the ship importing the same viz. :—

(1.) For goods imported in any ship from any port in Queensland Victoria South Australia Tasmania Western Australia Mcav Zealand or the South Sea Islands—twelve hours

(2.) For goods imported in any ship from any port other than

the said ports—twenty-four hours

Exclusive of	And the above computation of time shall he exclusive of Sundays and
Quarantine kc.	the holidays as defined hy section seven of this Act and of any days during which the ship and goods may have been subject to Quarantine
Entry of goods not	And the hill of entry of any goods when signed hy the Colh'ctor or
liable to duty.	proper officer shall he transmitted to the proper officer and he his AA’arrant for the delivery of the goods therein mentioned.
Special permits in
certain cases.	48. The Collector may in special cases grant permits to enable ships to ho discharged previously to the ro] )ort thereof or to the passing of entries for the cargo Iffit goods thus discharged Avliether dutiable or not shall he placed hy the master or owner of such ship under cliarge of a wharffnger or Avarehousekeeper approved hy the Collector Avho shall at the expense of the master or OAvner of such ship take ]>ro})cr measures to protect the cargo And such goods shall not he delivered hy such wharffnger or warehousekeeper until due entries for the same are passed.
Shipowner may	40. I f the importer shall not Avithin the time prescribed in agent of such ship may on the ex])iration of such period make an imperfect or provisional entry and land the goods subject to the conditions folloAA'ing that is to say—
enter and land goods
in default by	section forty-scA’cn make entry of such goods the master OAAiier or
importer.

(1.) I f a time for the delivery of the goods is expressed in the charter-])arty (if any) then at any time after the time so expressed.

(2.) I f any AA'liarf or Avarehouse Ik? named in such charter-party for the landing or rcc('ption of the goods they shall he landed and placed accordingly otherAvise they may be landed and placed on any legal or sufferance Avharf and in any AA arehouse And such goods shall not he delivered hy the Avharlingcr or Avarehousekeeper until due entries lor th<̂ same arc passcjd and all Avarehouse or other charges relating to such Avarehousiug are paid.

(3.) At any time before the goods are actually landt'd the importer shall have the preferential right of making the entry and landing the same.

(4.) I f any goods are landed for tlic purpose of assorting them or

otherAvise at the Avharf Avhere the shijA is discharging and the

importer at the time of such landing has made entry of the

same

1879.

42« YIC.

N o. 19.

Customs llegulation.

same and demands their delivery such goods shall he assorted and he delivered to him 'svithin tAventy-four hours and the expense of snch landing and assortment shall bo borne by the shipowner.

(5.) I f at any time before the goods arc landed or unshipped the importer has made entry for tlû landing and Avarehousing thereof at any other Avharf or foi- the transhipment thereof than where the ship is discharging and shall demand the (h'livery the master or OAvner shall thereupon at once make such delivery into any A'essel barge or lighter duly licensed hy the Collcctoi’ Avithout landing them on sucli wharf or state the time at Avhich tlu; goods can he delivc'red other Avise the master or OAvner before landing or unshipping such goods shall give to the importer or to any Avarehouse keeper named hy him tAv eh e hours notice in AATiting tliat the goods arc ready for ddivery and the master or OAvner shall if he lands or unships the same Avitliout giving such notice do so at his OAvn risk and expense.

50. I f any such goods shall not lie claimed and perfect entry After six months

made AAdthin six months after heing so landed such goods may he tê Boid” landed may goods on his applicatioii for the same subject to the satisfaction of any lien thereon as in the next succeeding section provided Eut if any goods so landed shall he of such an explosive or perishable nature as in the opinion of the Collector to render their immediate sale desirable they may be sold hy him fortliAvith.

sold by the Collector subject to any duty thereon and the proceeds of

sale applied first to the payment of freight and charges including

51. I f at the time Avhen any goods are thus landed from any ship On iimding goods the

and placed in the custody of any Avharflngcr or Avarehousekeeper the

shipoAvnor gives to him notice in Avriting that the goods an; to remain frcigiit.

suliject to a lien for freight or other charges payable to the shipoAvner

to an amount therein mentioned the Avharfinger or Avarehousekeeper

shall retain such goods until due entries are made and until the lien is

discharged as hereinafter mentioned otherwise he shall make good to

the shipoAvner any loss to him thereby occasioned.

52. I f a Avritten authority for the delivery of tlie goods or a iiow lion may be

receipt for the amount claimed or a release for such freight and charges

signed hy the shipoAvner or his known agent he shewn and a copy of such document at the same time he delivered to the Avharlingcr or Avarehousekeeper or if the importer shall deposit in his hands tlie sum so claimed hy the shipoAvner or if a decision of any competent Court he giA'cn declaring tliat no such lien exists or if a sale he made of the goods as hereinafter provided the said lien shall he discharged.

53. If such deposit he so made and the person making the The sum deposited

same does not AAuthin fifteen days after making it give to the wharfinger

or Avarehousekeeper notice in AATiting to retain it either stating therein shipowner,

the sum aaI ucIi he admits to he due to the shipoAvner or that he denies

any sum to ho payahle (as the case may he) the wharfinger or Avare

housekeeper may at the expiration of sucli fifteen days p:iy the sum

deposited to the shipoAvner and shall thereupon he discharged from all

liability in respect thereof.

51. If the importer or person making such deposit shall during The proceedings

the fifteen days in the next preceding section mentioned give notice

in Avriting to the AAliartingcr or AA’arehousekeeper to retain the same deposit,

he shall immediately inform the shipoAvner or his known agent of

such notice and sliall pay or tender to him out of the sum deposited the

sum (if any) admitted hy such notice to he payahle and shall retain the

halanee or (if no sum is admitted to he jiayahle) he shall retain the

whole

N o. 19.

4 2 ”

VIC.

1879.

Customs Regulation.

whole sum deposited for thirty days from the date of the said notice And at the expiration of such thirty days (unless legal proceedings have been taken in the meantime by the shipoAvner against the importer to recover the said balance or Avholc sum or otherwise for the settlement of the matters in difference between them concerning such freight or other charges and a written notice of such proceedings has been served on the Avharfinger or AA’arehousekeeper) he shall pay the said balance or whole sum (as the case may he) to the importer and shall there upon be discharged from all liability in respect thereof.

After six months the

55. I f such lien be not discharged by any of the means herein hefore provided or othenvise and no deposit be made as hereinbefore provided the AAdiarfinger or warehousekeeper shall if required by the shipowner at the expiration of six months from the date Avhen the goods Averc first placed in his custody (or if the goods be of a perishable nature at such earlier period as such shipoAvner thinks fit) sell by public auction with the sanction of the Collector but subject to the Customs duties rates or charges payable thereon the whole or so much of the said goods as may be necessary to satisfy the folloAving charges and Avhich he shall out of the proceeds pay in the order next mentioned (that is to say)—

goods may be sold.

(1.) The expenses of the sale

(2.) The several charges due to the AAdiarfinger or AÂ arehouse-

keeper (as the case may be) subject to any agreement made hetAveen either and the shipoAvner as to the priority of their respective charges and according to Avhich agreement the payment shall he made

(3.) The freight and charges due to the shipowner

And the surplus (if any) shall be paid to the importer of the goods.

No‘'ic^ of sale to bo	5(). Before making such sale the Avharfinger or Avarehouse keeper shall give notice thereof by an advertisement in the Gazette and in one otlier ncAvspaper circulating in the neighbourhood of the intended place of sale And shall also send a notice thereof in a letter by the post to the importer of the goods if his name and address shall be knoAim to him but the non-transmission of such notice shall not in any manner iiiA'alidatc the sale or the title of any purchaser.
adTertised.
Kent and expenses of	57. Whenever goods are placed in the custody of a Avharfinger to charge rent for the same according to the rates Avhich may he fixed by the Colonial Treasurer as provided by section thirteen and he shall have authority fi'om time to time to do all things necessary in his opinion for the proper custody and preservation of the goods at the expense of the importer and sliall hai e a lien upon the goods for the said rent and expenses But shall not delh^er such goods until perfect entry thereof be made or the sanction of the Collector be othervAuse given.
wharfinger &c.	qj, Avareliousckeeper under the provisions of this Act he shall lie entitled
Protection for
wharfingeis &c.	58. No AAdiarfinger or Avarehousekeeper shall be compelled to take charge of any goods aa hich he Avould not be liable to take charge of if this Act had not been passed nor shall he be hound to enquire into the validity of any lien claimed by any shipoAvner.

board importing ship59. Whenever any goods imported in any ship shall not be

If goods remain on

beyond fburtê^̂ ̂days discharged 01' landed within fourteen days after the arrival of such ship

detained for expenses.

such sbip may bo (excluslA'c ot' Suiidays aiid holidays as defined by section scÂ en of this Act) or such further time as the Collector or the Colonial Treasurer may alloAV such sliip shall be detained by the proper officer until all expenses of AA'atcliing or guarding such goods beyond such fourteen days or such further time if any alloAved as aforesaid not exceeding forty shillings ])or diem be jiaid.

Kot to interfere tvitli

provisions of other

GO. Nothing in this Aid contained slinll be deemed to interfere

Acts Ac.

with the provisions of the

GunpoAvder and Explosive Consolidation

Act

1879.

42° VIC.

N o. 19.

Customs llegulation.

Act of 1876” or of any Act enabling persons to expedite the discharge of ships in the loading or delivery of goods or to deprive shipowners Avharfingcrs or warehousekeepers of any legal rights or remedies whatsoever to w'hich hut for the passing of this Act they would he entitled.

Entry o f Etitiahle Goods.

6 1 . On tlie landing of any goods liable to duties of Customs bui of entry for

and intended to lie ddivered for home consumption the importer or h	i s consumption,
agent shall within the respective times in that hehalf appointed and before d(divery is tak(ai of such goods make entry thereof by delivering to the Collector a bill of entry in the form appointed containing the several ])articulars of such goods thereby indicated or required.

6 2 . The importer or his agent shall at the time of making Payment of duties,

such entry pay the proper duties payable upon the goods mentioned in such bill of entry to the Collector or officer authorized to receive the same And such bill of entry when signed by the Collector or officer shall be transmitted to the landing Avaiter and be his warrant for the landing and delivery of such goods.

Entry fo r the

Warehouse.

6 3 . The importer of any goods intended to ho AA arehoused with- Particulars of entry

out payment of duty on the first entry tlnn-eof shall deliver to the Colh'ctor a bill of entry of such goods in the form appointed desig nating the proposed Avarehouse and the name of the person for whom they are to be so Avarchoused and such bill of entry AAffien signed by the Collector shall be transmitted to the proper officer of Customs AVarrants.

and be the Avarrant for the due AA'areliousing of such goods

Provided Further entry may be

always that if after any goods shall have been so entered and landed

but not actually deposited in the Avarehouse the importer shall further deposit,

duly enter the same or any p;irt thereof for homo use or exportation

the same may be dcliAU'red and taken accordingly.

6 4 . An officer of Customs duly autliorized in that behalf may Fraudulent entries,

at any time open and examine any packages of goods Avhilst iu a ware

house or on board ship and intended to be landed And if any package

entered for duty shall be found to contain goods not mentioned in the

entry or invoiei^ or if any goods shall be found Avhich do not correspond

AA'ith the description tlu'reof in the entry or inA’oice and if such omission

or non-eorrespondenee shall appc'ar to the Collector to have been made

for tlie purpose of avoiding the jiayment of any part of the duty on such	x
goods all the packages and goods included or pretended to be included or AAdiich ought to liav'c been included in such invoice or entry shall he forfeited.

Entry by B ill o f Sight.

65. I f the importer of any goods he unahle from AA'ant of full Entry when goods

information to make a perfect entry thereof he may on subscribing 3-tlu of̂ ĝht™

declaration to that elfect before the Collector make an entry by bill of

sight for such goods in the form appointed containing the several

particulars indicated or required thereby.

66. Such entry by bill of sight upon delwery to the Collector Entry to be perfected

and bi'ing signed by him shall be the Warrant for landing such goods to be ('xaminc'd by tin' importer in the jiresence of the jiroper officer and the importer shall Avithin three days after the landing thereof and before the same shall be delivered make a perfect entry thereof by indorsing

upou

8 4

N o. 19.

42° VIC.

1879.

Customs llegulation.

upon such bill of sight such particulars as are hereinbefore provided for

Goods entered by

making entry of goods but no goods entered by bill of sight shall be

deiiv°erabfe until delivered until such perfect entry be made and the duties (if any) paid duty paid or secured, thcreoii unlcss tlic importer shall have deposited v ith the proper officer

a sum sufficient to coA'er the duties payable thereon.

I f entry bo not.

f]7. If pcrfcct entry of any goods landed l)v bill of sight as goods shall be taken to the nearest or other warehouse by the officers of the Customs and if the importer shall not witliin one month after such landing (or within such fiirther period as the Collector shall in his discretion allow) make perfect entry of such goods and pay the charges of removal and of warehouse rent such goods shall be sold subject to such duty as may be payable thereon or for exportation and the overplus (if any) after payment of such charges shall be paid to the importer thereof.

removed\o7	made witliin three days after the landing thereof such
house.

Entries generallg.

Good.s coneeaied or	(iS. I f auy package shall have been lauded in pursuance of entry and any goods liable to duty shall be found in such package concealed in any way or packed to deceive the officers such package and the contents thereof shall be forfeited And if any goods be taken or delivered either out of a ship or warehouse without having been duly entered the same shall be forfeited but no entry shall b(!
brforfcft™/*̂ '̂ '̂ '̂
No entry for	required in respect of passengers baggage which may be examined
passengers baggage.	landed and delivered under such regulations as the Collector may direct yet if any prohibited or dutiable goods shall be found concealed therein either before or after landing such goods together Avith the other contents of the package containing the same sliall be forfeited
Baggage sufferance	Provided always that the Collector may permit the onmer of any sucb
if dutiable goods
therein.	baggage containing any dutiable goods to take out a baggage sufferance for landing the same and the duty may be paid thereon although siudi goods may not be in the quantities or packages Avhich may be legally required Avhen imported as merchandise.

Surplus stores may	69. The Collector may permit any surplus ship’s stores not
be entered as in cas«

of merchandise.	being by him deemed excessive to be entered for private use subject to the same duties rules and regulations as the like sort of goods Avould be subject to on importation as merchandise or permit the master mvner purser or other officer or passenger of such ship to whom any surplus stores belong to enter and warehouse the same for future use as ship’s stores although such stores cannot legally be imported as merchandise or jiermit the said master to victual the crew remaining on board (if any) out of such surplus stores ndthout payment of duty.
Authority to transact	70. Whenever any one assuming to be authorized shall mak<> application to an officer of the Customs to pass entries or transact any other business on behalf of any person such officer may require tbci applicant to produce a u'ritten authority from such person and may refuse to transact the business A\Ithout such authority.
business may be
demanded.

Samples may be

71. The officer of Customs may on the entry of any goods or at

taken.

anytim e afterwards take samples of such goods for examination or for ascertaining the duties payable on such goods or for such otlier purpose as the Collector may deem necessary and such samples shall be disposed of and accounted for in such manner as tlie Collector may direct And the officer may also permit the importer to take AA'ithout payment of duty such moderate samiiles of auÂ a’oods Avarehoused as jaay be authorized by the Collector.

Abatement

1879.

42« VIC.

N o. 19.

Custo7ns Regulation.

Ahateme^it o f Duty— Test fo7' Wines

'̂c.

72. No claim for an abatement of duty in respect of any goods cinims on nocoimt of

the Yovajjfc or bv wreck nidess such claim sliall be made on the llrst cxaminaHon.

(‘xamination of such goods and it shall be ]iroved to the satisfaction of

the Collector or his oilicers that such damage was sustained before ilii'

landing tluu'cof And all goods derelict Jetsam, flotsam and wreck AVrooked oooda.

brought or coming into the Colony and all droits of aVdiniralty sold

therein shall always he subject to the same duties as goods of the like

kind are subject to on imyiortation into the Colony but an abatement

of duty on account of damage (not ('xcei'ding one half of the duty

originally chargeable on snch goods) may be authorizc'd by the

imported into the Colony sliall be allowed on account of damag(' on of such abatement for the decision of the Commissioners.

73. d'hc Collector shall permit dutiabh'articles imported

winrs imd fpi.iisfor

fide for the smiplv of Her IMaiestv’s Land or Sea Lorces to ])(. Nyiii	Aiditurv
delivered from any shiyi free of duty and such dutiable articles shall be issued to the officer iii charge ol‘ the Commissariat deyiartment or oth('r officer s])ccially apjjointed in that hehalf.

71'. Subject to siu'h regulations as the Collector shall make in Tobncco mny i.p

, soaked lor dressing

that behalf the importer of any tobacco may at any time soak the same;	slieep.
in tui y)cntine oil or tar or other fluid approved by the Collector in tlû ])rcsencc of an officer of Customs so that the same shall he effectually rendered unfit for human consumption or for any other purjiosc than for slu'cpAvash and snch tobacco shall then be admitted at such duty as shall he lawfully authorized in that behalf.

75. The Collector may permit any person to mix in any bonded spirits of wine used

warehouse spirits of wine being not less than sixty per cent, overproof *"

in strt'ugth with not less than one-ninth of its bulk measure of wood

naphtha or methylic alcohol or to mix spirits of wine of any other strength

or jiroportion with wood naphtha or such other substance as shall render

such spirit unfit for use as a beverage and incapable of being (tonvertt'd

to that ymrposc and thereuyion suchmixtnre maybe allowed and deliver'd

for use in the arts and manufactures of the Colony at the rate of duty

jiayahle upon imported nudhylatcd spirits Provided that such Avood

najihtha or other substance shall before the mixing thereof he examined

and a])proAU'd by the ollicc'r nppointi'd in that behalf hy tlu' Collector.

70. Any Avine s])ii'it cordial or compound or any other liquor AAdi.u per centage of

AA hatsoever im])orted into the Colony aa

IucIi shall contain a 8‘i’eater

])roj)orti6n than forty-oiu' per centum uf alcohol of a s])ecitic graA'ity tiie iiigUcr duty,

of !)2 at the temperaturt! of sixty degrees according to Pahrenheil’s

tlu'rmometcr shall be deemed to be spirits so as to rernhw the same

liable to the payment of duty thereon at the highest rate' Avhich noAV is

or shall hereafter be fixed by laAV as chargeable on any spirit Avhatcvcr.

Landmg examination and icareliousing of goods.	L .a n dtvo
EXAMINATION.

a n d

77. The im p o r ter or OAvner shall he at the e x p e n se of unshipping

carrying and landing o f all goods and bringing them to the jiroper jilacc ,u,'expe,’,s” of*

for ('xamination and of Aveighing opening unpacking repacking importer,

bulking sorting lotting marking and numbering and o f the soaking

of tobacco and mixing of spirits of Avine as aforesaid and of removing

and ])!acing and keeping all goods in the Avarehouse or other proper

})lace of deposit.

78. I f any goods shall be removed from any ship AA'harf or Goods remoTed

other place previous to the examination thereof hy the proper ohlcer of Customs or if entered to he warehoused shall be carried into the Avarehonse unless AAuth the authority or knoAvledge of such officer such goods shall be forfeited.

79.

No. 19.

12'’ VIC.

1879.

Customs Regulation.

Proper officer to

79. Upon the entry and landing of any goods to be warehoused

such period as the Collector shall direct with respect to any

of them the proper officer of Customs shall take a particular account

of such goods at the Avharf or in the warehouse and shall enter in a

book kept for that purpose tlie name of the ship and of the person in

whose name they are entered the marks numbers and contents of every

package the description of the goods and the intended warehouse where

the same shall he deposited And Avhen so deposited with the authority

of such officer he shall certify that the entry and warehoitsing of such

goods is complete and tliey ' shall thenceforth be considered goods

warehoused.

Duty to be paid

according to sucli

80. The account of tlie goods so taken as aforesaid shall he the

account.	vouclier upon which the duties payahle tliereon shall he cliarged upon their ultimate delivery after due mitry and the full duties thereon shall he paid according to the quantity taken in such account without ahatement for any deticiency except as hereinafter provided.
Warehoused goods to	81. All goods warehoused shall he deposited in the packages in which they sliall have been iiu])orted except such goods as are permitted to he skipped on the wharf or hulked sorted lotted packed or repacked in the warehouse and if such goods are not so deposited or if any alteration shall afterwards he made in the goods so deposited or in the packing thereof in the warehouse or if the same shall be
be deposited in
original packages.
Goods removed	removed from the room in the warehouse in which the same are
without sanction of
officers penalty	deposited without the sanction of the proper officer except for delivery
twenty pounds.	under the authorized warrant for that puiqiose the warehousekeeper shall forfeit a sum not exceeding twenty pounds.

Goods to be properly 82. I f the keeper of any Avarehouse shall neglect to stow the stowed in warehouse, goods Warehoused therein so that easy access may be had to them

and if he shall not produce to any officer of Customs on demand any And to be produced goods dcpositcd Avliicli shall not liavc been duly cleared and delivered

by the keeper on

’

therefrom such AA’arehousekeeper shall for every such neglect forfeit a

demand.

sum not exceeding tAventy pounds.

Goods not duly

warehoused or con

83. If any goods entered to he warehoused shall not he duly

cealed to be forfeited	Avarehoused in pursuance of such entry or ht'ing duly Avarehoused shall he in any AA’ay concealed in or remov’ed from the Avarehouse or abstracted from any package or transferred from one package to another or otherAvise for the purpose of illegal removal or conceal ment they shall he forfeited.
Opening warehouse	81. If any pcrsou sliall clandestinely open any warehouse or cxecution ol liis duty gain acccss to tlic goods Avareliouscd therein such person shall for every such offence forfeit the sum of one hundred pounds.
or obtaining access	exceut ill tlic ureseiice of the proiier officer of Customs actim? in the

to goods clandestinely	t	n i	•	i	j	i	1	•	i
a misdemeanor.

Warehousekeeper

85. I f ally goods sliall lic taken out of any AA'areliouse Avithout

liable for goods m his

entry of the saiuc the Avareliouse-keeper shall fortliAvith pav the

Persons taking out	duties due upon such goods	And CA'ery person avIio shall take out any
same unlawfully

deemed guilty of

goods from any Avarehouse Avithout payment of duty or who shall aid

misdemeanor.

assist or be concerned therein and every ])erson Avho shall Avilfally destroy or shall embezzle any goods duly Avarehoused shall be guilty of a misdemeanor and he punished accordingly And if the person so offending shall he an officer of Customs not acting in the due execution of his duty and he prosecuted to conviction hy the owner of the goods no duty shall he payahle hy the imjiorti'r for or in respect of the goods in relation to Avhich the offence Avas committed.

No compensation	80. No compensation shall lie made to the importer hy reason
for goods consumed

by fire.	of any damage or loss occasioned to goods in tlie AA’areliouse or in any
But duties muy be	examining shed hy fire or otlier inevitahle accident But if any goods
remitted.	shall he lost or destroyed by unavoidahle accident either on shipboard or in landing or in receiving into or in delivering from the warehouse or

while

1879.

42° VIC.

N o. 19.

Customs Regulation.

while in the warehouse ami the circumstances he stated and the loss proved to the satisfaction of the Collector the Colonial Treasurer may remit or (if paid) return tlic dutic's payahle or paid upon such goods.

87. I f any ])erson sliall wilfully or williout the consent of the

proper officer open alter or hnaik any lock mark or seal lawfully jilaced lalid.	' ‘
by any officer in the execution of his duty upon any goods or stores in any warehouse or other ]>lace on land he shall forfeit a sum not exceeding one hundred pounds.

Removal of warehoused goods.

R emoval.

8 8 . All goods deposited in the Queen’s warehouse under the Clearance of goods

provisions of this Act and not duly cleared therefrom within three months may he sold suhji'ct to the duties and charges tliereon or for exjiortation and if not thus sold may he destroyi'd hy the direction of the Collector.

81). Anv goods waridiouscd at anv iiort or iilacc mav he removed Coods may bo by sea or by inland carnage to any otlier port or place appointed as a „,a„.i,ouse to warehousing port or place under this Act and he there rewaridioused

and again removed therefrom ami rt!w;u'ehoined at any other such }iort or place and may he removed to and rewarehoused at any otlnn* ware house in the saim' port or ])lacc at which they Avere originally Avarc housed or to and at Avliich tlii'y Avi'rc at any time thereafter removed and rcAvarchoiised and such removal and rewarchousiiig may he per mitted as often as may he n-quired under such regulations and Avith such security as the Collector may direct and on the delivery to the proper officer hy the person ri'quiring such removal of a ri'quest note stating the particulars of the, goods required to he remoAW'd the name of the port or place or of the Avarehouse if in the same port or ])lace to Avhieh the same are intended to he removed and Avitli such other information and in such manner and form as the Collector may direct or require And thereupon the Collector may issue to the oaaner a permit Avhich shall he the Avarrant for the removal of such goods.

90.

On the deliverv of aiiÂ goods for removal and rcAvarchou.sing

account of goods

as atoresaid an account containing the particulars tliereoi shall I)c ,nit,eti and bond tjp before such removal enter into a bond Avith such sureties or security as the Collector may require in a sum not less than double the amount of duty chargeable on such goods for the due arrival and rcAvarehousing

ti’ansmitted by the Collector at the port or ])lace of removal to the

thereof at the Avarehouse or port or place of dc'stination to aa IucIi they

arc int('ud('d to he removed A\ ithin such time to he named in the bond as the Collector may direeff, And snch bond may he taken citlu'r hy the Collector at the port or place of removal or at the port or ])lace of d('stination at the discretion of the OAvner and if such bond shall have been given at the intendc'd port or ])lace of destination a certilicate thereof under the hand of the Collector of such port or ]Alacc shall at the time of the entering of such goods he produced to the Collector at the port or place of removal And such bond shall remain in force until such goods shall have been produced to the proper officer and duly rcAvarehoused at such port or place of destination Avithin the time alloAved for snch remoA'al or shall have been otherwise accounted for to the satisfaction of the Collector and until the full duties due upon any deficiency of such goods not so accounted for shall have been ])aid and upon the exigence of tlu; bond heing satisfied it shall he cancelled But if it shall a}>pcar to the Collector that any fraudulent action is taking place Avith regard to snch goods he may at once proc('od upon the bond Avhich may in such case he legally enforced notwithstanding that the time has not expired Avithin which the removal Avas to he

accomplished

N o. 19.

42" VIC.

1879.

Cnsfomn lief/tilatioii.

A general bond may accomplished

I’l’Ovided always that the owner may enter into a

general bond witli snch sureties in snch amount and under such con ditions as the Collector may approve for the removal from time to time of such owner’s goods from one warehouse to another in the same or another port or place and for the due arrival and rewarehousing of the same at the place of destination.

Goods removed to be

91. Upon the arrival ol‘ such goods at the port or place of

subject to same

regulations as on	destination the same shall be entered and rewarehoused in the same
importation.	manner and under and subject to tire same kavs rules and regulations so far as the same may he ajjplicahle as are required on the eutiy and warehousing of goods on the first importation thereof.

Goods removed may	92.	I f upon the arrival of goods so removed as aforesaid at the port
be exported or duty

paid on removal.

or place of destination tire importer shall Ire desirous forthwith to export tire same or to pay duty thereon for home use Avithout actually lodging the same in the Avarehouse for Avhich they Iuiaua been entered and examined to be rewarehoused the })roper officer of Customs at such port or place may after the due entry and examination of such goods for reAvareliousing permit the same to he entered and shipped for exportation or to he entered and delivered for home use ujAon payment of the duties due thereon as if such goods had been actually lodged in such Avarehouse And all goods so exported or for Avhich th.e duties have been so paid shall he deemed to haA"e been duly cleared from the Avarehouse.

Warehoused goods to	98. All AÂ arehoused goods shall he cleared either for home use
be cleared iu three

years.	or exportation at the expiration of three years from the day on AAdiich ihe same Avere so warehoused or Avithin such furtlnn' period and in such cases as the Collector shall sanction unless the importer shall re-AA"are- house them whereupon the goods shall he examined hy the proper officer and the duties due upon any deficiency or difference between the quantity ascertained on landing and that found to exist on such exajuination and also the expense thereof (subject to the allowances for breakage leakage dry age or other deficiencies explaimid to the satisfaction of the Collector) shall he paid and thereupon the goods
But may be re%vare-	according to the quantity so found shall he rcAvarehoused in the same
h-oused.	manner as on first importation.
three years to be

Goods uncleared in

9d. If any Avarehoused goods shall uot he so cleared expoided

sold.

or rcAAairehoused and the duties ascertained to he due on the deficiencies as aforesaid he not so paid at the expiration of the three years from the previous entry and Avarehousing thereof or AA'ithin such further period as shall he sanctioned as aforesaid such goo:is shall after one moiith’s notice to the Avarehousekeeper and publish<‘d at least tAvice during such month in the Gazette and some other ncAVspaper circulating in the locality at Avhich the intended sale is to take place he sold hy the Collector subject to any duty Avhich may l>e due thereon or for exportation and the pro ceeds thereof shall he applied to the payment of such Avarehouse-rent and charges as shall he ])roved to the satisfaction of the Collector to he due thereon and any surplus shall he paid to the importer or in his absence into the Treasury on his account But if not thus sold they may he destroyed by tin' dii'cetion of the Collector and the duties due upon any deficieiicy thereof as ])rovided hy the last section not allowed hy him nor explained to his satisfaction sh;»ll he fortliAvith paid hy the AAwrehousekeeper.

Exammation may bo 95. O i l sucli rcAA-areliousiug tlic Collector (if Satisfied that the ceSrcL'toioM.̂ *̂ ' goods are in the AÂ arehouse and the packages are entire and there is no

ground to susjX'c;! any undiu! deficiiuicy therein) may if so desired hy the importer dispense Avith the examination thereof Provided that in all such cases the Avarehousekeeper shall he liable at the time of delUery of such goods to ]iay the duties due on any such deficiency therein (subject to the allowances as aforesaid) Avhich may then he found to exist.

1879.

42'' VICJ.

No. 19.

Customs llegulation.

90. Subject to such regulations as the Collector shall make iu Goods may be

that hehalf the importer may iu tlie Avarehouse sort separate pack and repack any goods and make such alterations therein as may he lu'cessaiy for th(' prc'sei'Amtiou sale shipment or disposal tluneof provid('d that such goods he re])ackcd iu such packages as the Collector shall ]>eruiit And may also draAV off any Avine or s))irits into reputed cpiart or pint holth's And draAV off and mix hraudy Avith auy Avine uot excc('diug the ])ro- poi'tiou of ten gallons of hraudy to one hundrc'd gallons of Aviiu' ..Vnd also till up auy casks of AA'ine or spirits from any other casks of tlu' sann ̂ r('S])cctively secured iu the same Avarehouse And also rack oil any Avine fi'om lees and mix any Aviiu's of the same sort thereupon ('rasing tVom the cask or package all import brands unh'ss the Avhoĥ of the Aviiu' so mixc'd h(' of the same brand Ih'ovhh'd ahvays that the alcoholic strength of auy such mixture of Avine shall not exceed the strength alloAved hy law And also to take such samples of goods as may he allowc'd hy the Collector Avith or Avithout entry and Avith or Avithout payment of duty jVnd after such goods have hec'u so s('p»arated and repacked the Collector may at tlû A’cquest of the importer permit any la'iusc' damaged or sur])lus goods occasioned hy such separation or r('packing or any goods Avhich may not h(' worth the duty to h(' (h'stroyed and the duties shall not he payahle thereon.

Hegauges.

in-o-ucKa Ac.

97. The importer maA' at anv' time at his own expense (hut

suhj('ct to such regulations as the Collector shall mak(' in that hehalf) '	'
A V ('igh UK'asure or gauge anj' goods for the purpose of ascertaining
the (lefici('ncy arising from natural causes or otherwise But the duties on such goods shall he paid according to the quantities to Ix' ascer tained hy the prop('r ofiicer on delivery of the same from the warehouse except as hereinafter provided.

E n’trt ron nous

Entry and delivery o f warehoused, goods.

COXSU.MPTTON &c.

9S. No Avarehoused goods shall he takc'n or (h'liveia'd from the Enin-foroxportiiiion

Avarehou.se except upon due entry and umh'r the care of tlu' pi'opca' officers for exportation or upon ])ayment of the full duties payahle thereon for home use except goods duly delivered to he shijAped as ship’s stores in such quantities and under such regulations as the Colonial Treasurer may see lit to sanction.

99. Upon the entry of any goods to he cleared from the ware- I’erson.q entering

house for home consumption the person entering such goods shall

deliver a hill of entry and shall at the same time pay to the pro])cr offict'r till of entry,

of Customs the full dutk's payahle thereon not heing less in amount Duties to be paki on

than according to the account of the quantity taken hy the proper

offietT on the first entry and landing thereof excejAt as to the follow- cases,

ing goods viz. sugar opium tobacco cigars Avine and sjAirits Avhether

in cask or in bottles the duties Avlu'rcon Avhen cleared fr(Am the Avar('-

houst! for home consibmption shall he chargeable upoti the qbiantity of

such goods ascertained hy Aveight measure or strength at the tim<' of

actual dcliA'’cry ther(HAf unhiss there is rcasoual)le gnAund to suppose

that aiw portion of the defici(Aucy or dilference hetAveen the Aveight

measure or strength ascertained on landing and first examination of any

of such last-mentioned goods and that ascertained at the tinu'of actual

delivery has hec'ii caused hy illegal or improper means in Avhicli case

the proper offlcfAr shall make such alloAvance only for loss as he may

consider fairly to liavc arisen from uaUiral evaporation or other legiti

mate cause.

100.

N o. 19.

42^ VIC.

1879.

Customs llegulation.

Duty on deficiencies 100. Xo clutv sliall be charged iu respect of any deficiency in to brod!argerim1e”s'' goods cntcrcd and cleared from the warehouse for ('xportation unless

fraudulent. the officcrs of Custouis shall have reasonable ground to suppose that

such deficiency or any part thereof has arisen from illegal abstraction.

EXPOETATIOy.

Entry o f goods fo r exportation.

Warehouse goods not

101. No person shall export any warehoused goods or goods

to be exported in

ships under forty	entitled to dranhack nor enter them for exportation to any plac(! out
tons.	of the Colony in any shi]> of less than forty tons register except in case of goods exported by the River Murray as hereinafter mentioned.
Specification for free

goods six days after

102. The exporter of goods for whieh no bond is required shall

clearance.

within six days after the final clearance outwards of the exporting ship deliver to the proper offieer at the port of shipment a hill of entiy containing the several particulars of such goods in the form appointed And shall if required by the Collector make and subscribe a declaration to the truth thereof And on failure to comply with any of such requirements the exporter or his agent making such bill of entry shall for every such offence forfeit a sum not exceeding five pounds.

Goods to be shipped	103.	N 0 warehoused or drawback goods shall he shipped or water
at proper places and

in legal hours.	borne to be shipped or otherwise deliverecl for exportation from any port or plaee in the Colony on any Sunday or holiday as defined hy section seven of this Act without the permission of the Collector nor from any place not being a legal or sufferance wharf nor without the authoritv of the proper officer of Customs nor before due entries outwards of both
Goods illegally
removed to be	ship and goods and the proper officer may open all packages and fully
forfeited.	examine all goods shipped or brought for shipment and if any goods taken from the warehouse for removal or exportation shall be removed or shipped except in conformity with the regulations made in that hehalf the same shall be forfeited.
E ntbt and Clear

ance.

104. Before any warehoused goods or goods entitled to any

drawback of Customs on exportation shall he permitted to be exported

warehoused goods

On entry outwards of hy any sliip the expoi’tei’ shall deliver to the Collector a bond note or

°	account of such goods in the form appointed containing the several

bond to bo given.

particulars therein required and shall exeeute a bond in double the amount of the duties on such goods with such sureties or security as the Collector may require conditioned that sueh goods shall bo duly shipped exported and landed at the place for which they are entered outwards or otherwise accounted for to the satisfaction of the Collector and such bond note or account Avhen certified hy the proper officer shall

Drawbacks allowed

except on certain

he the export entry for the goods specified therein Or the exporter

goods.

subject to any regulations made in that hehalf may give a general bond and security in lieu of a separate bond for each exportation And on such bond being given and on a declaration hy the exporter being made before the Collector that the full duties due on importation have been paid drawbaek shall be allowed upon the exportation of all dutiable goods excepting sugar wine spirits beer and tobacco.

Drawbacks allowed

105. Drawback may be allowed upon the exportation of the

. on excepted goods.

goods excepted in the preceding section under such Regulations as may he made by the Governor in that behalf and a like bond being given for such goods as last provided in the next preceding section But it shall be further stipulatc'd in the said bond that such goods shall not be altered or tampered with and that no admixture or substitution of any other article shall ho made therewith or therein And all such bonds shall he eancelled only hy the production of a certificate from the proper officer of Customs at tln̂ port to which such goods are exported that tliey have been duly landed at such port or on such proof as the Collector may require as a condition of drawback (in case

there

1879.

42" VIC.

N o. 19.

Customs llegulation.

there be no Customs ofiicer at such placi') or on proof of ivrcck of tlic shi]) hy which tlu'v wcni' cx])orted otlu'nvise such bond shall remain in lull force.

10(5. (ioods may he exported liy land from any bonded ware-Wavchoused goods

house to anv adioinimi,- Colonv under such Reo'ulations as mav he made

>>e exported

hy th('(fovernor in that ht'half and the exporter of such g'oods shall payment of duties, shall deliver to the proper officer at the port where sucli goods are warehoused and from which h<' desiri's to export them a recyucst note ill wliich such goods .shall he described and tlie route specified as also the intended place of crossing the border wh.ieh shall ho a place where a Customs officer is stationed and thereupon the Collector shall issue a permit to the owner which shall accompany the said goods and he the warrant for their ri'inoval And on such permit being returned with a certificate from the proper officer that such goods have duly crossed the border and also a c('rtilicate from the officer in the adjoining Colony that such goods have' heon received tlu're and on payment of duty on any (h'ficiency in weight (juantity or strengtli tlieri'of the said bond shall Ix' cancelled hut otherwise shall remain in full force.

give his bond in double the amount of duty thereon and with such

sureties or otlu-r st'curity as the Collector shtill tipprove that no part of

such goods shall he list'd witliin Ihe Colony and that tlie contents

of the yiackages in which such goods may he contained shall he

dcliveri'd in the same condition and shall not in any way he tam

pered with or altered and that no admixture or substitution of any

otlu'r goods shall he made therein and that he will on demand pay the

duty on any deficiency in weight measure or strength on any such

goods which may appear between the account taken at the warehouse

from which they have been exjiortc'd and that taken hy the Officer of

107. Drawback maybe allowed on goods upon which duty has Drawback on ex-

hecn paid exported hy land to a.ny adjoining Colony under such Regulations as may he made hytlie Governor in that hi'lialf if such goods are in the original packages or condition in which they were imported and if the exporter of such goods shall make declaration that the full duties due on the imjiortation thereof have been paid and shall enter into a bond to double the amount of the duties and with such sureties or other security as the Collector shall approve conditioned that no ]>art of such goods shall ho used Avithin the Colony and that the contents of each package containing such goods shall he delivered in tin' sanu' condition and shall not in any way he altered or tampered Avith and that no admixture or substitution of any other goods sliall he made therein And the exjiortcr shall deliver to the pro])cr officer at the port or place of exportation a request note in Avhich such goods shall he truly described and the route specified hy which he intends to forward them and the ])lace at Avhich it is intended that they shall cross the border And thereupon the Collector shall issue a pc'rmit Avhich shall accompany the said goods And on such jierinit being returned signed hy the proper officer at the border and certifying that they have not been apparently tampered Avith and that tlu'y have duly crossed the border and on the production of a certificate signed hy an offici'r of Customs of the adjoining Colonv dulv authorized in that hehalf that thev have het'ii rc'ceived into such Colony and specifying the AA'eight quantity and strength tlu'rcof the Collector shall certify the necessary dehenture for draAv- hack Provided hoAvever that no draAiffiack shall he alloAvcd on any deficiency in Avcight quantity or strength nor on any such goods unless they shall have crossed the border at a place AAdiere a Customs officer is stationed and under the supervision of a Customs officer.

102

N o. 19.

42^ VIC.

1879.

Customs Regulation.

any such goods with intent to defraud Her Majesty of any duties due thereon or to evade any prohibition or restriction applicable to such goods or who shall be in any way knowingly concerned in any fraudulent evasion or attempt at evasion of any duties of Customs or of the laws and restrictions of the Customs relating to the impor tation unshipping landing and delivery of goods or otherwise contrary to this or any other A.ct shall for each such offence forfeit either treble the value of the goods or of one hundred pounds at the election of the Collector.

If goods removed

166. Every person who shall remove any goods imported into nation thereof by the proper officer without authority or who shall remove from any wharf or other place any goods entered to be ware housed after the landing thereof so that no sufficient account is taken thereof by the proper officer or so that the same are not duly warehoused or shall be otherwise knowingly concerned in such removal or with drawal shall for every such offence forfeit treble the value of the goods.

praaity upon'pames	Colony from any ship wharf or other place previous to the exami-
concerned.
Penalty for shipping

unshipping or con

167. Every person who sball shij) or unship or be knowingly

cealing dutiable	concerned in the shipping or unshipping of any goods liable to for
goods.	feiture under this or any other Act relating to the Customs or who shall knowingly carry or conceal or be concerned in the carrying or concealing of any such goods sball for every such offence forfeit treble the value of the goods.

Persons may be

168.

I f any pci’son liable to be detained under this or any other

after offenoe^'^^

relating to the Customs shall not be detained at the time of com mitting the offence for which he is so liable or shall after detention make his escape such person may at any time within three years after wards be detained to be dealt with as if detained at the time of com mitting such offence.

Persons resisting

169. Evei’y pei’son wlio shall assault or obstruct or by threats or

dfBtroyte” good̂^̂ cndcavour to intimidate any officer of the army navy or prevent seizure liable marines on full pay Or any officer of Customs or any person acting in huncFreTpoimdr̂ Ol’ their aid or assistance or duly employed for the prevention of

smuggling in the execution of his or their duty under this or any other Act relating to the Customs or in the due seizing of any goods liable to forfeiture by this or any otlier Act relating to the Customs or rescue or cause to be rescued any goods wffiicli have been seized or shall rescue any person apprehended for any offence punishable by fine or imprisonment under any such Act or prevent or attempt to prevent liis apprehension or shall attempt or endeavour to do so or before or at or after any seizure stave break or otherwise destroy or attempt to break or destroy any goods to prevent the seizure thereof or the securing of the same shall for every such offence forfeit a sum not exceeding one hundred pounds nor less than ten pounds.

Persons assaulting	170.	If any person sball by force or violence assault resist oppose
ofTicers by force or

violence may be	molest hinder or obstruct any officer of the army navy or marines on
imprisoned.	full pay or any officer of Customs or other person acting in his or their aid or assistance or duly employed for the prevention of smuggling in due execution of his or their duty under this or any other Act relating to the Customs such person being convicted thereof shall he liable at the discretion of the Court to be sentenced to hard labor on the roads or other public works of the Colony for any period not exceeding five years or to be imprisoned with or Avithout hard labour for any period not exceeding thi’ee years.
Persons offering	171. I f any person shall offer for sale any goods under pretence run on shore without payment of duties all such goods although not dutiable or prohibited shall be forfeited and every person so selling or

goods for sale under	same are prohibited or have been unshipped and landed or
run.

•	offering such goods for sale shall forfeit treble the value thereof.

Compensation

1879.

42*̂ VIC.

N o. 19.

103

Customs Regulation.

Compensation and rewards.

172. The proceeds of all forfeitures made and enforced under itewarda to be regu-

this Act sliall he carried to the credit of the Consolidated Hcvenue

Governor.

Fund and the Governor on the recommendation of the Colonial Treasurer shall direct the payment of rewards for all seizures made under the authority of this Act to such persons by whose means whether directly or indirectly such seizures were made and in such proportions as he shall think fit And notwithstanding any provision contained in any section of this Act for any specific penalty or forfeiture being adjudged or seizure authorized no persons directly or indirectly concerned therein shall ho entitled at law to claim tlie same or any j)ortion thereof.

173. In all cases where any penalty the amount of which is to how v.Uue is to be

be determined by the value of any goods is directed to he sued for under this or any other Act relating to the Customs such A'aluc shall as regards proceedings in any Court or before Justices he estimated and taken according to the rate and price for which goods of the like kind and quality upon which the duties of importation shall have been paid were sold about the time of the commission of the offence.

Rrocedure fo r penalties

and forfeitures.

L egal peoceedings

171. All duties penalties and forfeitures incurred under or

imposed by tliis or any Act rclatina- to the Customs and the liability Penalties and fop

T P ir i if f» a n n w a n p r i

tcit'

111

/. .I

-1

£?

iClLUl CB JiU W

BUcLl lUl •

to tortciture ot any goods seized under the authority thercot may bo siu^d for prosecuted determined and recovered by action of debt infor mation or other afiprojiriatc proceeding in the name of the Attorney General in the Supremo Court or in the Court of Vice-Admiralty or where the penalty or forfeiture or tlie amount involved docs not exceed one hundred pounds by information in the name of some officer of Customs before two or more Justices in Petty Sessions who shall hear and determine the matter of such information in a summary way but nothing in this section contained shall affect or abridge the powers and authorities hereinbefore vested in the Commissioners of Customs.

175. If any suit or prosecution for any penalty or forfeiture justices jurisdiction

shall have been commenced in the Supreme Court the Attorney General	(-'onsent.
at his discretion may on the defendant’s request in writing to him order such suit or prosecution to be brought by information before any Justices whereupon such suit or prosecution in the Supreme Court shall cease and on the production of such order of the Attorney General any Justices shall receive such information and in due course proceed to hear and determine the same.

176. When by this or any other Act relating to the Customs a Penalties joint and

penalty is jointly and severally incurred by any number of persons

they may be proceeded against jointly by one information or severally several informations.

by separate informations as the Attorney General may deem expedient

and in case of a proceeding against such several persons by joint

information for recovery of the penalty so severally incurred by each

the same shall be recoverable against each notwithstanding that any

may have allowed judgment to go by confession or default or that the

penalty adjudged to bo paid by any one of the defendants may be for a

different amount from that of the penalty in which any or other of the

defendants may be convicted or that any of them so jointly prosecuted

may be acquitted And no judgment on any such information shall be

reversed or avoided by reason of any of the premises but every such

judgment shall be valid and effectual against any or all of the defendants

so jointly proceeded against and for the full amount of the penalty in

which every such person shall have been respectively convicted.

104

m . 19.

42^ VIC.

1879.

Customs Regulation.

Persons previously	177.	When any verdict shall pass or conviction he had against
convicted may or;

verdict bo	any person for any offence for which any pecuniary penalty shall have
imprisoned.	been imposed by this or any other Act relating to the Customs and it shall appear that such person had been previously convicted of any similar offence the presiding Judge or Justices may order that the defendant shall in lieu of payment of any penalty be imprisoned with or without hard labour for a period not less than six nor more than twelve months.

Peoceedings BEFOEE Rvoceediugs before Justices for recovery o f penalties and forfeitures.

d U S 'I* X 0 a S.

—	178. All informations exhibited before any Justice for any

tions'̂ .iVconyTcTions ^ffeuco Committed against or forfeiture incurred under this or any as in Third Schedule, othcr Act relating to thc Customs and all summonses convictions and

condemnations for such offences and forfeitures and all warrants of any Justices founded ujion such convictions may be in such forms respec tively as the Commissioners of Customs shall with the approval of the Colonial Treasurer from time to time frame in that behalf but until such forms shall be so framed and approved all such proceedings may be in the form or to the effect in the Third Schedule to this Act and the form of information given in the said Schedule and the counts

-	therein or in any such approved forms contained with reference to any offences created by or punishable under the several sections of this Act to which the same or any of them relate shall be applicable to and sufficient for all purposes in the prosecution of such offences and forfeitures and two or more offences or forfeitures may be included in tluj same information and every such information and every conviction or warrant of commitment or condemnation for such offence or forfeiture shall he deemed valid and sufficient in which the offence or forfeiture is set forth to the effect of any such form and of the words of the section of this or any other Act by whiclr the, penalty or forfeiture for such offence has been imposed and no conviction warrant of commitment or condemnation shall be ludd void by reason of any defect therein and no person shall be entitled to be discharged out of custody on account of such defect provided it be alleged in such warrant that he has been convicted of such offence and that it shall appear to the Court or Judge before whom such warrant is returned that such conviction proceeded upon good and valid grounds and every such waiTant may be executed by any officer of Customs or police constable And no objection shall be taken or allowed to any information or summons for any alleged defect therein in substance or form or for any variance between snch information or summons and the evidence adduced at the hearing in support thereof.
Justices may summon	179. Upon the exhibiting of any information before any Justice for any offence against this or any other Act relating to the Customs for which offence the party charged is not liable to be detained or by which information any penalty or forfeiture shall be souglit to be recovered or any punishment of hard lahonr sought to be inflicted within three years next after the commission of the offence such Justice or any other Jnstice may from time to time and at any time afterwards issue his summons directed to such party stating shortly the matter of snch information and requiring him personally to appear at a certain time and place before two or more Justices to answer the said informa-
offender.

Summons or subpoena tion and to be further dealt with according to law

And every such

may be served per-

gunimons and cvei’v subooena to a witness in the case may be served bv any officer of Customs or police constable or by any person employed for that purpose upon the party to whom it is so directed either per sonally or by leaving the same at his last known place of abode or business or on board any ship to which he may belong or have lately belonged.

180.

1879.

42'̂ VIC.

N o. 19.

105

Customs Regulation.

180. When any information shall have been exhibited before justices may con-

any Justice for the forfeiture of any goods whatsoever seized under demn goods UaWo to

this or any Act relating to the Customs such Justice is hereby required	'
to summon thc owner of such goods or thc person from whom they were seized to appear before two or more Justices and upon his appearance or default to appear (as the case may he) such Justices may proceed to thc examination of the matter and on proof that the goods arc liable to forfeiture under this or any other Act relating to thc Customs may condemn the said goods accordingly.

181. Where any offence shall he committed in any place upon offen:es on the

the water where the officers have any doubt whether such place is

""d jm-ifdic-

within the boundaries or limits of any port hay or harbour in thc ' relating to the Customs he deemed and taken to have been committed on the high seas And for the purpose of giving jurisdiction under the said Acts every offence shall he deemed to have been committed and every cause of complaint to have arisen either in the place in which tlie same actually was committed or arose or in any place on land where the offender or person complained against may he found or he brought.

182. I f any penalty or forfeiture incurred for any offence under Persons not detained

this or any other Act relating to the Customs he not paid on conviction

thc convicting Justices may by warrant under their hands and seals of penalty mitii paid

commit the offender to gaol there to remain for a period not exceeding	'“bour.
twelve months unless the penalty shall he sooner paid and wliere the offender is convicted of any offence for which the punishment of hard labor is inflicted such Justices shall commit the offender to gaol there to be kept to hard labor for such time as may he authorized by this or any other Act relating to the Customs.

183. All proceedings before Justices against any person for aii legal proceedings

non-compliance Avith or any breach of this Act or any regulations made

under its authority may he laid and taken by thc Collector or othcr of tL a>Uector of"'*

officer of Customs appointed by the Governor in that behalf.

Customs.

184. Any person feeling himself aggrieved by any conviction Appeal allowed to

or penalty or forfeiture imposed by Justices under thc authority of Q«‘>ucr Sessions by

this Act may appeal against the same to the next Court of Quarter

Sessions holden in the district where the subject matter thereof arose

unless such Quarter Sessions shall he held ivithin fourteen days

from thc date of such conviction or judgment and in that case to

the Court of Quarter Sessions then next folloudng And such Court

shall liaÂ c power to hear and determine tlie matter in a summary

Avay and shall have and exercise all othcr pmvers vested in them

by thc third section of the Act fifth William the Fourth number

twenty-two and the decision of such Court shall he final and con

clusive in respect to the subject matter of such appeal Provided

ahi^ays that the pei’son so appealing shall haA'e given written notice

seven days at the least before the hearing of such appeal of his

intention to appeal and stating tlie grounds thereof to any one of the

convicting Justices and to thc Collector or officer of Customs avIio prosecuted thc matter before thc convicting Justices And provided also that such jierson in case a penalty or forfeiture shall have been adjudged against him shall pay into the hands of the convicting Justices the full amount or value thereof (as thc case may he) together Avith till' costs aAvarded Aiithin one Aveek next after conviction and shall Avithin the same period (mter into a bond Avith tAvo sureties a])]iroved by such Justices conditioned to prosecute such aiAj'oal Avith effect and to abide the event of such appeal and to pay thc full amount of all such costs as may on such appeal he aAvarded against him.

185.

106

N o. 19.

4 2

VIC.

1879.

Customs Eegulation.

Kotice of action.

185. No action shall be commenced against any officer of the army navy or marines on full pay or of the Customs or against any person acting under the direction of thc Commissioners or the Collector for anything done in the execution of or by reason of his office until one month next after notice in writing shall have been delivered to him or left at his usual place of abode by the plaintiff his attorney or agent in which notice shall be clearly stated the cause of action and the Court in which the same is intended to be brought the name and place of abode of the plaintiff and the name and place of business of such attorney or agent and if any action shall be commenced against any such officer or person and no such notice shall have been given such officer or person may call upon the plaintiff to establish to the satisfaction of the Court or a Judge on affidavit that such action is brought for some act matter or thing not done in the execution of or by reason of his office and if the plaintiff shall fail so to satisfy tlie Court or Judge such action shall be stayed Provided always that if the plaintiff shall so satisfy the Court or Judge he shall not be allowed on the trial of such action to give evidence of any cause of action other than such as shall have been disclosed in such affidavit.

Evidence limited to

186. Upon the trial of any aetion brought in pursuance of such

subject in notice.

notice the plaintiff shall not be entitled to a verdict without proving on the trial that such notice had been duly served and in default of such proof the defendant in such action shall receive a verdict nor shall any such plaintiff be at liberty to produce any evidence of any cause of action except such as has been distinctly stated in sueh notice.

Tender of amends.

187. It shall be lawful for any officer or person to whom such notice shall be given at any time Avithin one month after service of such notice as aforesaid to tender amends to the plaintiff his attorney or agent and in case such amends be not accepted to plead such tender in bar of the action together Avith the plea of “ not guilty” and other pleas Avith leaA'e of the Court Avhere such leave is or shall be by laAV required or necessary and if upon the trial of such action the jury shall find the amends so tendered sufficient they shall give a verdict for the defendant.

Limitation of actions

188. Every such action against any such officer or person as

and general issue.

aforesaid shall be commenced Avithin tAvo months after the cause of action shall have arisen and if such action be brought in respect of any seizure made by sueh officer or person such cause of action shall not be deemed to have arisen until thc day after the trial of thc information Avith respect to such seizure and the venue in such action shall be local and the defendant may plead the general issue and give the special matter in evidence on the trial thereof.

Proceedings not to be	189. No order nor any other proceeding matter or thing done
quashed or set aside

for want of form.

or transacted in relation to the execution of this Act shall be vacated quashed or set aside for Avant of form nor be removable by certiorari or otherAvisc into the Supreme Court.

General orders to be

190. The Collector shall as soon as conveniently may be after

printed.

the commencement of each year cause to be published in the Gazette all regulations orders or rules made either by the Governor or the Colonial Treasurer or by the Collector during the preceding year in anywise relating to the Customs.

Laws to apply to

191. This and every other Act noAV or hereafter in force relating

Kiver Murray.

to the duties of Customs and regulation of the Customs shall extend and apply to the Eiver Murray and all vessels navigating the same as fully and effectually as if such river Avere part of the high seas Avithin one league of the coast of N cav South Wales and all vessels navigating the said river shall be deemed to be vessels trading with the said Colony or on the coast thereof.

1879.

42*̂ VIC.

N o. 19.

107

Customs Megulation.

192. If in any prosecution in respect of any goods seized for Defendant’s proofs in

non-payment of duties or any other cause of forfeiture or for the smuggling cases, heen paid in respect of such goods or the same have heen lawfully imported or unshipped or lawfully shipped or water-home to he shipped or concerning the place from whence such goods were brought then and in every such case the proof thereof shall be on the defendant in such prosecution and the defendant shall be competent and compellable to give evidence.

recovering any penalty under this or any other Act relatmg to the

193. The averment that the Collector has directed or elected Ayerments in

that any information or proceedings under this or any other Act smuggling cases,

relating to the Customs shall he instituted or that any ship or

boat is foreign or belonging wholly or in part to Her Majesty’s subjects

or that any person detained or found on hoard any ship vessel or boat

liable to seizure is or is not a subject of Her Majesty or that any goods

thrown overboard staved or destroyed were so dealt with to avoid

seizure or that any person was employed for the prevention of smuggling

or that the offence was committed within the limits of any port shall

he deemed to he sufficient without proof of any such allegation on the

part of the prosecutor or plaintiff unless the defendant in any such

case shall prove to thc contrary.

194. If any officer of thc Customs or other person duly authorized officers making

to act as such shall make any collusive seizure or deliver up or make coiiusiye seizures to

any agreement to deliver up or not to seize any vessel boat or goods

liable to forfeiture or take any bribe or gratuity for the neglect or non

performance of his duty every such officer or other person shall forfeit

for every such offence a sum not exceeding five hundred pounds nor

less than ten pounds.

195. Every person who shall give or offer or promise to give persons offering a

any bribe recompense or reward or shall make any collusive agreement bribe to forfeit £200.

with any such officer as aforesaid to induce him in any way to neglect

his duty or to do or conceal or connive at any act whereby any of the

provisions of any Act of the Imperial Parliament or any law rule order

or regulation in force within the said Colony may he evaded every such

person shall whether the offer be accepted or performed or not forfeit

a sum not exceeding two hundred pounds nor less than ten ]>ounds.

196. If during any legal proceedings a question shall arise Proof that a party is whether any person is an officer of the Navy on full pay or an officer

and

t !

i -

J .

t /

f t T r i f i o n / 'A

A T

a t H a t

/-H

I T

C V I U L U C C

U 1

tU U . t ! X .

ot Customs his own evidence thereoi or other evidence ot tiis having acted as such shall he deemed sufficient without thc production of his commission or appointment and any order issued by the Colonial ’Treasurer or Collector shall be sufficiently proved by its jiroduction without proof of the signature.

197. Condemnation by any Justices under tliis or any other Eyidence of

before any competent tribunal by the production of a certificate of

such condemnation purporting to he signed by any one of the convicting

Act relating to the Customs may he proved in any Comd of justice or condemnation m certified by the Clerk of Petty Sessions.

198. This Act may he cited as “ The Customs Regulation short title.

Act 1879 ” and it shall come into force on the first day of July in the year one thousand eight hundred and seventy-nine.

SCHEDULES.

108

N o. 19.

42̂ VIC.

1879.

Customs Itegulation.

SCHEDULES.

FIEST SCHEDULE.

Year anil numbei’ of Act.

Title of Act.

7 Vic. jN"d. 28

An Act to authorise the issue of wine duty free to Military

Officers serving in the Colony of New South Wales.

9 Vie. No. 15

An Act to provide for the general regulation of the Customs in

the Colony of New South Wales.

10 Vic. No. 9

An Act to amend the Law relating to the general regulation of

the Customs in New South Wales.

13 Vic. No. 43	An Act to amend an Act passed in the ninth year of the reign of Her present Majesty intituled an Act to provide for the general regulation of the Customs in New South Wales.
20 Vic. No. 21	An Act to impose a duty on Bonded Warehouses.
20 Vic. No. 22	An Act further to amend the Act for the general regulation of

Customs in New South AVales.

27 Vic. No. 15	An Act to remove doubts respecting Duties of Customs.
35 Vic. No. 9	An Act to amend the Law regulating the time alloivcd for enter

ing imported goods.

SECOND SCHEDULE.

Scale of License Fees for Bonded Warehouses.

For each warehouse or set of warehouses adjoining or on the same wharf and licensed to the same warehouse-keeper capable of con taining not exceeding Fifty tons (calculated at forty cubic feet of space to the ton but not more than ten feet in height being

measured upon each floor)

...

Fifty pounds

For every Ten tons additional (but not exceeding three hundred

pounds sterling in the whole)

...

One pound.

The measurements to be made by an authorized officer of Customs and duly

entered by him in a book to be kept for that purpose.

•

THIED SCHEDULE.

Foem of Infobmatiok before J ustices.

) B e it remembered that A.B. an officer of Customs under the direction of the

To wit. j Collector of Customs informs me

Esquire one of Her

Majesty’s Justices of the Peace in and for the Colony of New South Wales

\That ^c.]

General Form: of Counts.

That C.D. on the

day of

did import [or bring or unship or

deliver or carry or remove or harbour or deal with or was concerned in importing or unshipping or delivering or carrying or removing or harbouring or dealing with to evade the payment of the duties due thereon or to evade the prohibition or restriction relating to the importation and delivery of certain uncustomed or prohibited or restricted goods to wit [describe theni] contrary to section of the “ Customs Eegulation Act 1879” whereby the said C.D. has forfeited the sum of being treble the value of the goods or the penalty of one hundred pounds [os the case may be] for which the Collector of Customs has elected to sue or the sum of pounds or a sum not exceeding

pounds or has become liable to be imprisoned for

[here insert the fenadty

or period of imprisonment imposed by the section under which the offence is charyedi]

Count foe Goods only.

That certain goods to wit [here mention yenerally the yoods or thinys] were seized on

the

day of

for being dealt with contrary to section

[here insert the number of the section in f yxtres] of “ The Customs Eegulation Act 1879” whereby the said goods or things have become liable to forfeiture and that

C.D. of	has claimed the same.
Exhibited to and before me

the

day of

Form

1879.

42« VIC.

JSTo. 19.

109

Customs Regulation.

F o m i

S u jn ro x s

I nfobmation .

To [C.D.]

̂ ̂

Secl.ion 173.

7 W h e e e a s an information has been exhibited by [A.B.] an oiEcer of Customs

To wit. ) under the direction of the Colleetor of Customs before me

Esquire one of Her Majesty’s Justices of the Peace in and for the Colony of Xew South

AV'alcs for that [liere copy the informatioii]

These arc therefore to require you personally to appear before me or such other

Justice or Justices of the Peace as may be present at

in the

on the

day of

instant [or next] at the hour of

o’clock in the

forenoon of the same day to answer the said information.

Given under my hand and seal at

in the

this

day of

Foem op Summons on Inpoemation foe Condemnation of Seizuees.

in the Colony of New South A¥ales.

7 An information havins; been preferred by [A.B.] an officer of Customs under

to wit.

j the direction of the Collector of Customs before me Esquire

one of Her Majesty’s Justices of the Peace in and for the said Colonj ̂ for the

condemnation of [here state the goods'] seized on the

day of

for being dealt with contrary to section	of “ The Customs Eegulation Act 1S79”
and claimed by you.

These are therefore to require you to appear before me or such other Justice of

the Peace as may be present at

in the

on the

day of ’

[instant or] next at the hour of

o’clock in the ibrenoon of the

same day to shew cause why the said goods should not be condemned as forfeited.

Given under my hand and seal at

in the

this

day of

Foem op Summons foe "Witness.

in the Colony of New South Wales.

7 You are hereby required personally to be and appear on the

day of

to wit.

instant [or next] at the hour of

o’clock in the forenoon at

in the

before me or such other of Her Majesty’s Justices of

the Peace as may be present to give evidence and testify the truth according to your knowledge concerning the facts alleged in a certain information exhibited against C.D. under “ The Customs Eegulation Act of 1879 ” and herein fail not under the penalty therein provided.

Given under my hand and seal at

in the

this

day of

Foem op Conviction.

7 Be it remembered, that on this

day of

in the year 18

to w'it.

the

C.D. is convicted before us the

undersigned two of Her Majesty's Justices of the Peace for the Colony of Now South AValcs for that he the said C.D. [here state the offence as in the information] and [where the party has heen convicted offfn offence punish able hy pecuniary penalty and imprisonment in default of payment] we adjudge the said C.D. for his said offence to forfeit and jiay the sum of [add i f such he the cased] which we mitigate to the sum of ]

and if thc said sum of

be not forthwith paid we adjudge the said C.D. to be

imprisoned in Her Majesty’s gaol at until the same be paid or %vhere it shall have heen so adjudicated and instead of the xoords “ until the same be paid” insert the xvords “ for thc period of six calendar months] ” unless he shall sooner pay the said sum of [or ichcre the defendant has heen convicted of an offence punishahle hi/ imprison ment with hard labor] we adjudge the said C.D. for his said offence and where the defendant has heen previously convicted insert here “ he having been previously convicted”] to bo imjmisoned in Her Majesty’s gaol at and there kept to hard labor for the

period of

calendar months.

Given under our hands and seals at

in the Colony of New South

Wales this

day of

in the year 18

Foem

110

N o. 19.

42" VIC.

1879.

Customs Regulation.

Poem of Commitment foe non-payment of a Pecuniaet Penalty.

\ To A.B. an officer of Customs and to all police constables and to the keeper

to wit. 3 of the gaol at

C.D. haidng been this day convicted before us

the undersigned tno of Her Majesty’s Justices of the Peace for the Colony of New South "Wales upon the information of A.B. an officer of Customs under the direction of thc Collector of Customs of having within three years now last past \Jiere state the offence generally and the date thereoff\ VV'e did adjudge that the said C.D. had forfeited for his said offence the sum of [adding i f mitigated which we mitigated to the sum

of	] which has not been paid.

These are therefore to command you forthwith to convey the said C.D. to the

said gaol at

and to deliver him into the custody of the

keeper of the said gaol.

■

And we the said Justices do hereby authorize and require you the said keeper to receive the said C.D. into your custody and him safely to keep in the said gaol until he shall duly pay the said sum of - or be discharged according to law [or i f it he so adjudicated insert instead of what follows the word “ gaol ” the words “ for the period of

six calendar months unless he shall sooner pay the said sum of

”]

Given under our hands and seals at

in the Colony of New South Wales

this

day of

in the year 18

Poem of Commitment to Haed Laboue.

7 To A.B. an officer of Customs and to all police constables and to the keeper

to wit. 3 of the gaol at

C.D. having been this day duly convicted before us the undersigned two of Her Majesty’s Justices of the Peace for the Colony of New South Wales upon the informa tion of A.B. an officer of Customs under the direction of the Collector of Customs of having within three vears now last past \Jiere state the offence generally and the date thereof^ wo did adjudge that the- said-C.D. should for his said offence-[^yircw'oasZy convicted insert “ he having been previously convicted ”] be imprisoned in the gaol at

and be there kept to hard labor for the period of

calendar months.

These are to command you forthwith to convey the said C.D. to the said gaol and to deliver him into the custody of the keeper thereof and we the said Justices do hereby authorize and require you the said keeper to receive and take the said C.D. into your custody and him safely to keep to hard labour in the said gaol for the period of

calendar months.

Given under our hands and seals at

in the said Colony this

day of

in the year 18

,	Poem of Condemnation of Seized Goods.

B e it remembered that an information haying been exhibited by A.B. an

to wit. 3 officer of Customs under the direction of the Collector of Customs before us two of Her Majesty’s Justices of the Peace for the Colony of New South Wales for the condemnation of [here state the goods'] for being dealt with contrary to section

of “ Thc Customs Eegulation Act 1879” whereby the same became liable to forfeiture and which said goods having been claimed by C.D. of who w'as duly summoned to show cause why the same should not be condemned as forfeited and the forfeiture thereof having been duly ])roved before us ive do adjudge the same to be forfeited and do condemn the same accordingly.

Given under our hands and seals at

in the said Colony this

day of

in the year 18

No. XX.,,