Customs Act 1957

Legislation au C1957A00037 Not in force Act

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CUSTOMS.

 

No. 37 of 1957.

An Act to amend the Customs Act 1901–1954, and for purposes connected therewith.

[Assented to 7th June, 1957.]

BE it enacted by the Queen’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 1957.


(2.) The Customs Act 1901–1954 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 1901–1957.

Commencement.

2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Section four of this Act shall come into operation at the expiration of a period of three months from the day on which this Act receives the Royal Assent.

Definitions.

3. Section four of the Principal Act is amended by omitting the definition of “The Customs” and inserting in its stead the following definition:—

“‘The Customs’ means the Department of Customs and Excise.”.

4. Section twenty-one of the Principal Act is repealed and the following section inserted in its stead:—

Vehicles of railway deemed to be licensed.

“21.—(1.) The Comptroller may, by writing under his hand, authorize an authority constituted under a law of the Commonwealth or a State for the purpose of operating railways to carry goods which are subject to the control of the Customs.

“(2.) Every carriage (including a carriage that is not a railway carriage) under the control of an authority so authorized and used for the carriage of goods shall be deemed to be licensed under this Act for the carriage of goods subject to the control of the Customs.”.

5. After section thirty-five of the Principal Act the following section is inserted:—

Persons having possession of dutiable goods to keep them safely.

“35a.—(1.) Where a person who has, or has been entrusted with, the possession, custody or control of dutiable goods which are subject to the control of the Customs—

(a) fails to keep those goods safely; or

(b) when so requested by a Collector, does not account for those goods to the satisfaction of a Collector,

that person shall, on demand in writing made by a Collector, pay to the Commonwealth an amount equal to the amount of the duty of Customs which, in the opinion of the Collector making the demand, would have been payable on those goods if they had been entered for home consumption on the day on which the demand was made.


“(2.) An amount payable under the last preceding subsection shall be a debt due to the Commonwealth and may be sued for and recovered in a court of competent jurisdiction by proceedings in the name of a Collector.

“(3.) In proceedings under the last preceding sub-section, a statement or averment in the complaint, claim or declaration of the Collector is evidence of the matter or matters so stated or averred.

“(4.) This section does not affect the liability of a person arising under or by virtue of—

(a) any other provision of this Act; or

(b) a security given under this Act.”.

Right to require security.

6. Section forty-two of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) The right of the Customs under the last preceding sub-section to require and take securities includes the right to require and take a security for a purpose or purposes for which security may be taken under that sub-section and for a purpose or purposes for which security may be taken under section sixteen of the Excise Act 1901–1957 and the succeeding provisions of this Part apply to and in relation to such a security in the same manner as they apply to and in relation to any other security required and taken under the last preceding subsection.”.

7. Section forty-three of the Principal Act is repealed and the following section inserted in its stead:—

Form of security.

“43. A security shall be given in a manner and form approved by a Collector and may, subject to that approval, be by bond, guarantee, cash deposit or any other method, or by two or more different methods.”.

Boarding stations, &c.

8. Section sixty of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following subsections:—

“(2.) The pilot of an aircraft from parts beyond the seas arriving in Australia shall not suffer the aircraft to land at any other airport until the aircraft has first landed—

(a) at such airport for which a boarding station is appointed as is nearest to the place at which the aircraft entered Australia; or

(b) at such other airport for which a boarding station is appointed as has been approved by the Comptroller, in writing, as an airport at which that aircraft, or a class of aircraft in which that aircraft is included, may land on arriving in Australia from parts beyond the seas.

Penalty: Fifty pounds.


“(3.) The pilot of an aircraft engaged on an air service or flight between Australia and parts beyond the seas—

(a) shall not suffer the aircraft to land at an airport for which a boarding station is not appointed; and

(b) shall, as soon as practicable after the aircraft lands at an airport, bring the aircraft for boarding to the boarding station appointed for that airport.

Penalty: Fifty pounds.

“(4.) It is a defence to a prosecution for an offence against a provision of either of the last two preceding sub-sections if the person charged proves that he was prevented from complying with the provision by stress of weather or other reasonable cause.”.

Customs warrants.

9.—(1.) Section one hundred and ninety-nine of the Principal Act is amended by omitting the words “for six months from the date thereof” and inserting in their stead the words “until the expiration of the period specified in the warrant or until the warrant is revoked, whichever first occurs”.

(2.) A warrant in force under section one hundred and ninety-nine of the Principal Act immediately before the commencement of this section continues in force, after the commencement of this section, as if granted under that first-mentioned section as amended by this Act, and shall, for the purposes of the Principal Act as amended by this Act, be deemed to be a Customs Warrant in the form of Schedule IV. to that Act as so amended.

Unauthorized entry on ships, aircraft or wharves.

10. Section two hundred and thirty-four a of the Principal Act is amended by adding at the end thereof the following subsection:—

“(2.) The last preceding sub-section does not prohibit a person—

(a) who has, or is a member of an authority which has, the management or control of a wharf or wharves or an airport or airports; or

(b) who is employed in connexion with the management or control of a wharf or wharves or an airport or airports,

from entering on, or being in or on, a place, ship, aircraft, wharf or part of a wharf for the purposes of that management or control.”.

Repeal of sections 258, 258a and 260.

11.—(1.) Sections two hundred and fifty-eight, two hundred and fifty-eight a and two hundred and sixty of the Principal Act are repealed.


(2.) The repeal effected by the last preceding sub-section does not apply to or in relation to a person convicted of an offence before the commencement of this section.

Schedule IV.

12. Schedule IV. to the Principal Act is amended by omitting the words “This warrant shall remain in force for six months from the date thereof.” and inserting in their stead the words “This warrant shall remain in force for a period of

from the date thereof unless revoked before the expiration of that period.”.

 

Overview

The Customs Act 1957, enacted by the Parliament of Australia, was introduced to amend the Customs Act 1901–1954, addressing gaps in customs regulation and enforcement. The Act updates various provisions to reflect changes in administrative practices and the evolving role of the Department of Customs and Excise, ensuring that the customs laws remain effective and aligned with contemporary needs. The Act also enhances the enforcement powers of customs officials, clarifies the liability of individuals holding dutiable goods, and revises the requirements for customs warrants and security. The overarching policy objective is to streamline customs procedures, improve the efficiency of customs enforcement, and protect the revenue derived from customs duties.

Scope and Application

The Customs Act 1957 amends the Customs Act 1901–1954, with its provisions coming into operation on the date of Royal Assent, except for Section 4 which applies three months later. The Act applies to the Commonwealth of Australia and governs the operations of the Department of Customs and Excise, which now has control over customs duties. It regulates the carriage of goods by authorized railway authorities, deeming their vehicles licensed for this purpose. The Act imposes liability on persons entrusted with dutiable goods to keep them safely and to account for them upon request, with failure to do so resulting in the payment of the applicable customs duty. It extends the right of the Customs to require security, specifying the form such security may take, and mandates that aircraft from overseas land at designated boarding stations in Australia, with exceptions for reasonable causes. Additionally, it addresses the duration and form of customs warrants and exempts certain personnel from prohibitions on unauthorized entry onto ships, aircraft, or wharves. Finally, the Act repeals specific sections, ensuring that the changes do not affect persons convicted before the Act's commencement.

Key Provisions

The Customs Act 1957 amends the Customs Act 1901–1954, introducing several key provisions. Section 4 of the Act amends the definition of "The Customs" to mean the Department of Customs and Excise. Section 21 allows the Comptroller to authorize railway authorities to carry goods subject to Customs control, deeming their carriages as licensed under the Act. Section 35a imposes a duty on persons in possession of dutiable goods to keep them safely and account for them upon request, with failure to do so resulting in a payment equal to the duty that would have been payable (Section 35a(1)). This amount becomes a debt due to the Commonwealth, which can be recovered through legal proceedings (Section 35a(2)). Section 6 extends the Customs' right to require security to include situations covered under the Excise Act 1901–1957. Section 43 specifies that a security must be given in a form approved by a Collector and may be by bond, guarantee, cash deposit, or other methods (Section 43). Section 60 mandates that pilots of aircraft arriving from overseas must land at designated boarding stations, with penalties for non-compliance unless prevented by stress of weather or other reasonable causes (Section 60(2)-(4)). Section 199 amends the validity period of Customs warrants to the period specified in the warrant or until revoked (Section 199(1)). Section 234a clarifies that the prohibition on unauthorized entry does not apply to those managing or controlling wharves or airports or employed in such capacities (Section 234a(2)). Finally, Sections 258, 258a, and 260 are repealed, except for persons convicted before the Act's commencement (Section 11). The Act imposes various obligations on the parties it governs. It mandates that railway authorities authorized by the Comptroller must adhere to specific procedures for carrying goods under Customs control, deeming their carriages as licensed (Section 21). Persons in possession of dutiable goods must ensure their safekeeping and provide an account of the goods upon request, with financial penalties for non-compliance (Section 35a). The Customs are empowered to require and take securities for specified purposes, with these securities to be provided in a form approved by a Collector (Sections 6 and 43). Pilots of aircraft arriving from overseas must comply with landing and boarding station requirements, with exceptions for reasonable causes (Section 60). The validity period of Customs warrants is now defined by the period specified in the warrant or until revocation (Section 199). The Act also specifies that those managing or controlling wharves or airports, or employed in such capacities, are not prohibited from entering relevant areas (Section 234a). The Act includes provisions for offences and penalties. Section 60(2)-(4) imposes a penalty of fifty pounds for pilots who do not land at designated boarding stations or fail to bring aircraft to boarding stations promptly, with a defence available if prevented by stress of weather or other reasonable causes. Failure to comply with the obligations regarding the safekeeping of dutiable goods and providing an account upon request results in a payment equal to the duty that would have been payable, which becomes a debt due to the Commonwealth (Section 35a(1)-(2)). The Act does not specify maximum penalties for other breaches, but they can be pursued through legal proceedings. The repeal of Sections 258, 258a, and 260 does not affect those convicted before the Act's commencement (Section 11).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.