Customs Regulations 1909 (Amendment) (Provisional)

Legislation au C1913L00055 Regulations Not in force Legislative Instrument

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PROVISIONAL REGULATION UNDER THE CUSTOMS ACT 1901-1910.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that, on account of urgency, the following Regulation under the Customs Act 1901-1910, should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.

Dated this 21st day of February, One thousand nine hundred and thirteen.

DENMAN,

Governor-General.

By His Excellency's Command,

FRANK G. TUDOR,

Minister for Trade and Customs.

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

Regulation 31. By the addition of the following words :—" A list of Customable articles and opium owned by the master, officers, and crew of the ship shall also accompany Form 8, and shall be in accordance with Form 9b."

Form 9. By the deletion of the following words :

" Note.—Dutiable goods in possession of the crew must be shown on the back of this list ; "

" Officers' and crews' private stores ; " and

" Officers' and crews' private trade."

By the addition of a new form (9b) as attached.

Form 9b.

Reg. 31.

AUSTRALIAN CUSTOMS.

Port of State of

List of Customable Articles and Opium owned by the Master, Officers, and Crew of the Ship

Master  from  ,   19  .

1. This list must be completed in readiness to be handed to the Customs Officer who first visits the vessel. It must be signed by every member of the crew (including the master and officers). Each man must state opposite his signature the quantity of dutiable articles in his possession. If he has nothing he must state " nil " or " nothing."

2. Any dutiable article, the property of the master or any member of the crew, found in the vessel and not enumerated in this list, will be liable to forfeiture, and the owner thereof to prosecution.

3. All articles reported on this list must be produced, and, if necessary, placed in a secure place to be sealed up by a Customs Officer.

C.2746.—Price 3d.


Articles in Private Possession of Officers and Crew.

To the Principal Officer of Customs.

We, the officers and members of the crew of the vessel mentioned on the other side hereof, whose names appear hereunder, declare that we have in our own possession, respectively, as our private property, the quantity of dutiable goods, and no more, placed opposite our signatures, and we severally undertake that neither these goods nor any portion thereof shall be landed without authority of the proper Officer of Customs. The goods we now produce to be placed under your seal if necessary :—

Signature.

Rank or Rating.

Tobacco.

Cigars.

Cigarettes.

Spirits Potable.

Spirits Perfumed.

Wines.

Opium.

Any other Articles, including Feathers, Silk, Lace, Silverware, Jewellery, &c., intended as a Gift to or for Sale, Barter or Exchange with, any person in Australia or elsewhere, or being the Property of any person in Australia or elsewhere.

 

 

lb.

No.

No.

galls.

galls.

galls.

lb.

 

I declare that the foregoing list gives full details of all the dutiable goods, being private trade and stores owned by or in the possession of myself and of all the officers and members of my crew at the time of entry into the port of

Master.

19

Signed and declared this day of 19 in the presence of

Collector.

Checked,

Officer of Customs.

19   .

Note.—The Master will be held responsible for the accuracy of this list at every port. Should any of the articles mentioned in this list be landed and duty paid at any port in Australia, the fact must be indorsed hereon by the proper officer.

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

Overview

The Customs Regulations 1909, enacted as a provisional regulation under the Customs Act 1901-1910, were introduced to address the need for stricter control and declaration of dutiable goods in the possession of the master, officers, and crew of ships entering Australian ports. This regulation, issued by the Governor-General on the advice of the Federal Executive Council, aimed to ensure that all customable articles and opium were accurately listed and declared to customs officers upon a ship's entry into port. It also sought to prevent the illegal landing of undeclared dutiable goods and associated prosecution of offenders. The regulation required a detailed list, signed by all crew members, specifying the quantity of dutiable articles in their possession, and mandated that any undeclared articles would be liable to forfeiture and prosecution.

Scope and Application

This provisional regulation under the Customs Act 1901-1910 applies to the crew members, including the master and officers, of vessels entering Australian ports. It mandates the submission of a detailed list of customable articles and opium owned by these individuals to accompany Form 8, which must be in accordance with Form 9b. This regulation applies to all ports in Australia, ensuring a standardised approach to the declaration of dutiable goods. The regulation requires that any dutiable articles not listed on the form be liable to forfeiture and their owners subject to prosecution. Furthermore, Form 9 has been amended to remove references to officers' and crews' private stores and trade, with the new requirement for Form 9b detailing the declaration of private possession of dutiable goods. The regulation underscores the master's responsibility for the accuracy of the list, with any discrepancies or duty payments needing to be endorsed by the proper officer.

Key Provisions

The Customs Regulations 1909, as amended by this provisional regulation, introduce several key provisions regarding the documentation and declaration of customable articles and opium by the master, officers, and crew of a ship. Regulation 31 now requires that a list of customable articles and opium owned by the master, officers, and crew of the ship must accompany Form 8 ((Regulation 31)). This list must be completed and signed by every member of the crew, indicating the quantity of dutiable articles in their possession. If no dutiable articles are held, they must state "nil" or "nothing." Any dutiable articles not listed that are found on the vessel will be subject to forfeiture, and the owner may face prosecution ((Regulation 31)). These regulations impose clear obligations on the master and crew of the ship. They must ensure that the list of customable articles and opium is completed and signed accurately by all crew members before the ship's arrival at the port. The master, in particular, will be held responsible for the accuracy of this list at every port. If any listed articles are landed and duty is paid at any port in Australia, the proper officer must endorse the fact on the list ((Regulation 31)). Failure to comply with these requirements can have significant consequences. The provisional regulation also sets out the potential consequences for non-compliance. Any dutiable article owned by the master or crew and found on the vessel but not listed will be subject to forfeiture, and the owner can be prosecuted ((Regulation 31)). Additionally, the master will bear responsibility for the accuracy of the list at every port, highlighting the importance of adherence to these regulations. While the specific penalties for breaches are not detailed in this text, it is clear that non-compliance can lead to both civil and criminal consequences, including the forfeiture of goods and potential prosecution.

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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.