Customs Regulations 1909 (Amendment) (Provisional)

Legislation au C1911L00060 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1911. No. 60.

 

PROVISIONAL REGULATIONS UNDER THE CUSTOMS ACT 1901.

————

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Customs Act 1901, should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this 3rd day of April, One thousand nine hundred and eleven.

DUDLEY,

Governor-General.

By His Excellency’s Command,

FRANK G. TUDOR,

Minister of State for Trade and Customs.

 

CUSTOMS REGULATIONS.

The Customs Regulations 1909 (Statutory Rules 1909, No. 126) are amended as follows:—

Regulation 104 is repealed and the following Regulation substituted in its stead:—

104. In the case of a vessel clearing for an oversea destination viâ an Australian port, the Master shall take out, before or at the time of clearance, a transire for such port in accordance with Form 59. If no goods subject to the control of the Customs are carried to be discharged at that port the transire shall be endorsed “No under bond goods.”

Regulations 151 to 156 inclusive are repealed and the following Regulations substituted in their stead:—

Coasting Trade.

151. The Master of every ship trading only within the limits of the Commonwealth shall take out a transire in accordance with Form 59 for each voyage of his ship, or, at the discretion of the Collector, may be granted a General Transire in Form 61, to be in force for a period of six months from the date of issue;

152. Despatch Notes shall in all cases be furnished for goods carried subject to the control of the Customs and shall be dealt with as prescribed by Regulation 48. (See also Regulation 91.)

C.5365.—Price 3d.


153. In cases where the Master has been granted a General Transire under these Regulations the following conditions shall apply—

(a) The Master shall keep on board a cargo book in accordance with Form 60 (a), in which shall be entered—

The name of the ship and her Master;

The Port to which the ship belongs;

and in regard to each voyage—

The Ports to which the ship is bound;

A description of all goods shipped under Customs control;

The names of shippers and consignees of goods under Customs control;

The date of delivery of goods under Customs control at each port of discharge; and

The times of arrival at, and departure from, each port.

(b) Before departure from any port at which goods under Customs control have been received the Master shall enter particulars of such goods in the cargo-book and shall produce the same to an officer, who, if satisfied as to its correctness, shall sign the entry.

(c) Forthwith on arrival at any port for which goods under Customs control are being carried the Master shall deliver to the proper officer the Despatch Notes relating to such goods together with a copy in duplicate of the entries in his cargo-book relating to the same.

(d) The Master shall on demand produce the cargo-book for the inspection of any officer, who may take extracts from or make any entries therein.

(e) The Master shall account, to the satisfaction of the Collector, for all goods subject to the control of the Customs carried by his ship.

154. Prior to the issue of a General Transire the owner of the ship in respect of which the transire is to be issued shall furnish security in accordance with Form 62, and in a sum to be determined by the Collector.

155. In cases where the Master has not been granted a General Transire under these regulations, the following conditions shall apply:—

(a) The Master shall if required by the Collector give security in such sum as the Collector requires to account to the satisfaction of the Collector for all goods subject to the control of the Customs carried by his ship.

(b) Before his ship departs from any port the Master shall make out in duplicate a transire in accordance with Form 59 containing full particulars of all goods subject to the control of the Customs shipped on his ship. If such goods are carried for more than one port, separate transires must be made out in duplicate in respect of each port.

(c) The transire in duplicate shall be presented to the Collector, who, if satisfied that it is correct, shall sign one of the duplicates and return it to the Master and shall retain the other.

(d) The Master’s duplicate of the transire shall be carried on the ship in which the goods specified therein are carried.


(e) Forthwith after arrival at any port the Master shall report the ship by delivering to the Collector the transire and despatch notes relating to the goods under Customs con­trol to be landed at that port. If required by the Collector the transire shall be delivered to him in duplicate.

(f) If for any port there are no goods under Customs control to be landed the transire shall nevertheless be delivered in accordance with this regulation, endorsed with the words “No under bond goods.”

156. The Master of every coasting ship shall load and discharge cargo at a port only, and, except by permission of the Collector, only on the working days and during the working hours prescribed under Section 28 of the Customs Act 1901 (Regulations 18, 19 and 20), and shall permit an officer to examine the cargo of his ship or any part of it.

Regulations 157 to 163 inclusive and Forms 60, 63, 64, and 65 are repealed, and footnote to Form 61 altered to read “Copy of Regulations 151 to 154 and 156 to be printed on back of this Form.”

Deposits of Duty.

Regulation 126 is hereby amended by adding after the words “Goods imported for the purposes of public exhibition or entertainment” the words “but not including Theatrical Costumes, Scenery, or Properties.”

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.

 

Overview

The Statutory Rules 1911 No. 60, titled "Provisional Regulations Under the Customs Act 1901," were introduced by the Governor-General in Council to address the need for immediate amendments to the existing customs regulations. The Customs Act 1901 provided the legislative framework, and the urgency of these amendments was recognised by the Federal Executive Council, leading to the certification and immediate enforcement of these provisional regulations. The overarching policy objective was to ensure streamlined and efficient customs procedures for both overseas and coasting trade within Australia, while maintaining control over goods subject to customs regulations. These regulations primarily focus on the procedures for masters of vessels to follow when clearing or trading within Australian waters, including the requirements for transires, cargo books, and despatch notes. The regulations also introduce specific security provisions for ships granted a General Transire and outline the conditions under which cargo can be loaded and discharged. These measures aim to enhance the management and oversight of customs-controlled goods, ensuring compliance and facilitating smoother maritime trade operations within and beyond Australian ports.

Scope and Application

The Provisional Regulations under the Customs Act 1901 apply to the operations of ships and their masters, specifically those trading within Australian waters, referred to as the "coasting trade," and to vessels departing for overseas destinations via Australian ports. The regulations impose certain documentation and procedural requirements on masters, including the need to provide a transire or a general transire for each voyage, maintain a cargo book, and furnish despatch notes for goods under customs control. Additionally, the regulations specify the need for the ship owner to provide security before a general transire can be issued. The application of these regulations is within the Commonwealth of Australia, and they set out specific procedures and conditions that must be met by ship masters in the management and documentation of goods subject to customs control. Notably, the regulations exclude theatrical costumes, scenery, and properties from the definition of goods imported for public exhibition or entertainment. These regulations are intended to ensure compliance with customs procedures and facilitate the smooth operation of trade within and outside Australian waters.

Key Provisions

The Customs Regulations 1911, as amended by Statutory Rules 1911, No. 60, introduce significant changes to the customs procedures for vessels trading within Australia and those clearing for overseas destinations. Regulation 104 mandates that the Master of a vessel clearing for an overseas destination via an Australian port must obtain a transire (a written declaration) in accordance with Form 59 before or at the time of clearance. If no goods subject to customs control are to be discharged at the Australian port, the transire must be endorsed with "No under bond goods" (Regulation 104). For vessels engaged in coasting trade within Australia, the Masters must take out a transire for each voyage or may be granted a General Transire for a six-month period at the Collector's discretion (Regulation 151). Despatch notes must be provided for all goods under customs control, and these are to be handled as per Regulation 48 (Regulation 152). The Master must maintain a cargo book (Form 60(a)) with detailed entries for each voyage, including the ship's details, ports of call, descriptions of goods, shipper and consignee details, and arrival/departure times (Regulation 153). Before departure from any port where goods under customs control have been received, the Master must enter particulars of such goods into the cargo book and present it to an officer for verification and signature (Regulation 153(b)). Upon arrival at a port where goods under customs control are to be discharged, the Master must deliver the Despatch Notes and a copy of the relevant cargo book entries to the proper officer (Regulation 153(c)). Failure to comply with the requirements of these regulations can result in significant penalties. For instance, the Master who fails to obtain a transire or a General Transire as required, or who fails to provide accurate and complete Despatch Notes, may be subject to fines and other penalties as determined by the Collector of Customs. Additionally, the owner of the ship must furnish security in accordance with Form 62 if a General Transire is to be issued (Regulation 154). Masters who do not comply with the requirements regarding the cargo book, Despatch Notes, or the timely reporting of goods may face sanctions, including the imposition of fines or other penalties as prescribed by the regulations. Non-compliance with the loading and discharging requirements (Regulation 156) may also result in penalties.

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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.