Customs Regulations 1909 (Amendment) (Provisional)

Overview

Statutory Rules 1912 No. 152, made under the Customs Act 1901-1910, introduces provisions aimed at ensuring the efficient and orderly sale and removal of goods from customs warehouses. This Provisional Regulation, enacted by the Governor-General with the advice of the Federal Executive Council, was necessitated by urgent requirements to amend existing regulations and addresses specific issues related to the sale and warehousing of goods. The policy objective behind this regulation is to maintain clarity and accountability in the customs warehousing process, ensuring that sales are conducted fairly and that goods are removed in a timely manner to avoid additional charges for the purchaser. This regulation underscores the importance of regulatory adjustments in response to operational needs within the customs framework.

Scope and Application

The Provisional Regulation under the Customs Act 1901-1910 applies to goods that are subject to duty and are stored in the King’s Warehouse. The regulation specifically governs the sale and removal of these goods, ensuring that the goods are sold free of all charges up to the date of sale but with all faults, and addressing discrepancies between the stated and actual quantities available for delivery. The Collector of Customs is not obligated to deliver more than the actual available quantity, and failure to remove the goods from the warehouse within seven days results in the purchaser being liable for rent and charges at prescribed rates. This regulation operates nationally across the Commonwealth of Australia, as it is a federal legislative instrument. The scope of the regulation is limited to the customs duties and warehousing processes as outlined, without any explicit exclusions or exemptions mentioned within the text provided. The regulation may be further defined or extended through subsequent subordinate instruments, which would specify additional details or exceptions as necessary.

Key Provisions

The main operative sections of this Provisional Regulation (C1912L00152) pertain to the sale and removal of goods from a warehouse under the Customs Act 1901-1910. Section 4 stipulates that goods are to be sold subject to duty and free of all charges up to the date of sale, with all faults, and any discrepancies between the quantity stated in the sale list and the actual quantity available for delivery. Section 5 mandates that the goods must be removed from the warehouse within seven days after the sale, with the purchaser becoming liable for rent and charges if the goods are not removed in time. Under this Act, certain obligations and requirements are imposed on the parties involved. The Collector is required to ensure that goods are sold subject to duty and free of charges up to the date of sale, but with all faults. This means that any defects or imperfections in the goods must be disclosed to the purchaser. If there is a discrepancy between the quantity stated in the sale list and the actual quantity available for delivery, the Collector is not obligated to deliver more than what is available. Furthermore, the purchaser must remove the goods from the warehouse within seven days after the sale, or they will be liable for rent and charges from the date of sale up to the date of delivery. Failure to comply with the provisions of this Provisional Regulation may result in civil or criminal consequences. For instance, if the Collector does not adhere to the requirement of disclosing all faults in the goods, or if they deliver more goods than are available for delivery, they may be held liable for any resulting damages or losses. Similarly, if the purchaser fails to remove the goods within the stipulated seven days, they may be held liable for rent and charges from the date of sale up to the date of delivery. The maximum penalties for breach of this Regulation are not specified in the text, but they may vary depending on the nature and severity of the breach. It is important to note that this Provisional Regulation is in force as of the date of its publication, which is July 18, 1912. This means that the provisions outlined in the Regulation are immediately applicable and binding on all parties governed by the Customs Act 1901-1910. The Regulation was made under the authority of the Governor-General, acting with the advice of the Federal Executive Council, and it was published by Albert J. Mullett, the Acting Government Printer for the State of Victoria. The cost of the publication is three pence.