CUSTOMS.
No. 7 of 1934.
An Act to amend the Customs Act 1901-1930.
[Assented to 24th July, 1934.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Customs Act 1934.
(2.) The Customs Act 1901–1930 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Customs Act 1901–1934.
Entry of goods.
2. Section thirty-seven of the Principal Act is amended by adding at the end thereof the words “and on the delivery of the entry the goods specified therein shall, for the purposes of this Act, be deemed to be entered”.
Collector to pass entries.
3. Section thirty-nine of the Principal Act is amended by omitting the words “and on the passing of the entry the goods shall be deemed to be entered”.
Prohibited Imports.
4. Section fifty-two of the Principal Act is amended—
(a) by omitting paragraph (a) and inserting in its stead the following paragraph:—
“(a) Copies made out of the Commonwealth of any work in which copyright subsists which, if made in the Commonwealth, would infringe copyright, and as to which the owner of the copyright has, by himself or his agent, given to the Comptroller evidence of the existence of the copyright and of his ownership thereof and a notice in writing stating that he is desirous that such copies should not be imported into the Commonwealth”; and
(b) by omitting from paragraph (g) of that section the word “proclamation” and inserting in its stead the word “regulation”.
List of copyright works to be exposed at principal ports.
5. Section fifty-seven of the Principal Act is amended—
(a) by omitting the word “printed”;
(b) by omitting the words “which the proprietor” and inserting in their stead the words “the importation of copies of which the owner”; and
(c) by omitting the words “that such copyright exists stating in such notice when such copyright expires” and inserting in their stead the words “of this Act”.
Ship to bring to on being signalled.
6. Section fifty-nine of the Principal Act is amended by omitting the words “one league” (wherever occurring) and inserting in their stead the words “three nautical miles”.
Complete entry of goods after sight entry.
7. Section seventy-one of the Principal Act is amended by inserting in sub-section (1.), after the word “entry” (second occurring) the words “,or within such further period as the Collector…
Overview
The Customs Act 1934 was enacted by the Parliament of the Commonwealth of Australia to amend the Customs Act 1901-1930, addressing various issues and updating provisions to reflect changes in trade practices and international agreements. The Act sought to modernise the customs legislation by incorporating new regulatory mechanisms and clarifying certain definitions and procedures. It aimed to streamline the customs process, enhance enforcement capabilities, and provide greater flexibility in managing trade controls, while also addressing specific concerns such as the importation of prohibited goods and the regulation of exports. The Customs Act 1934 thus played a crucial role in adapting the customs framework to the evolving economic and legal landscape of the time.
Scope and Application
The Customs Act 1934 applies to a wide range of activities and entities, including the entry, delivery, and clearance of goods through Australian ports, as well as the prohibition of certain imports and the regulation of exports. This legislation operates on a Commonwealth level, governing the import and export processes across the entire nation. The Act applies to individuals, businesses, and vessels involved in the import and export of goods, as well as to the officers and authorities responsible for administering and enforcing the Customs Act. Certain goods are excluded from duties or customs control, such as fish caught by Australian vessels and brought into Australia by those vessels or their tenders. The Act also includes provisions for the amendment of existing sections and the introduction of new sections, extending its application through subordinate instruments such as regulations. Notably, the Act provides mechanisms for the re-enactment, cancellation, or variation of prior proclamations related to the import or export of goods, ensuring that the legislation remains adaptable to changing trade conditions and policies.
Key Provisions
- The Customs Act 1934 amends the Customs Act 1901–1930 in several significant ways. First, it modifies the entry of goods (section 2), clarifying that upon the delivery of an entry, the goods are deemed to be entered for the purposes of the Act. Secondly, it removes certain phrases related to the passing of entries by the Collector (section 3). The Act updates the definition of prohibited imports (section 4), particularly concerning copyright infringement, and mandates that lists of such works be exposed at principal ports (section 5). It also revises the distances from the coast within which ships are to be brought to (section 6) and after which complete entries of goods must be made (section 8). Additionally, it changes the method of prohibiting exports from proclamation to regulation (section 9).
- The Customs Act 1934 imposes specific obligations on parties involved in importing and exporting goods. Importers must ensure that entries are delivered correctly and on time, and that any goods caught or gathered by Australian vessels are not subject to duty or customs control if the vessel was fitted out for the voyage in Australia (section 131a). Exporters must comply with regulations regarding the export of prohibited goods and inter-state conveyance of such goods (section 10). The Act also requires the Minister to determine the conditions for applying preferential tariffs (section 151a) and mandates that certain deposits be increased (section 14).
- Breaching the provisions of the Customs Act 1934 can lead to significant penalties. For instance, any person involved in assemblies for unlawful purposes such as importing prohibited items, smuggling, or obstructing customs officers can be imprisoned for up to two years (section 231). Offences such as rescuing seized goods, assaulting officers, or failing to pay penalties can also result in imprisonment (sections 232a and 258a). Additionally, regulations and proclamations regarding the import or export of goods can be re-enacted, cancelled, or varied (section 278). Failure to comply with these regulations can result in further penalties as outlined within the Act.
- Area of Law
- Customs Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Offence Provisions
- Enforcement Powers
- Regulatory Standards