Customs Regulations 1913

Overview

The Customs Regulations 1913, enacted by the Governor-General in Council under the Customs Act 1901-1910, serve to implement and regulate the administration of customs duties, security requirements, and various processes associated with the importation, warehousing, and exportation of goods in Australia. The regulations were introduced to address the need for a detailed framework governing the management of customs operations across the nation. These regulations encompass a broad range of provisions designed to ensure efficient customs control, including the imposition of security requirements for wharfs and sufferance wharfs, the regulation of licenses for carriages, boats, and lighters, and the detailed procedures for the warehousing and export of goods. The policy objective behind these regulations is to provide a comprehensive and systematic approach to customs operations, ensuring compliance with the law while facilitating the smooth flow of trade and commerce within Australia.

Scope and Application

The Customs Regulations 1913 apply to various entities and individuals within the Commonwealth of Australia, including wharf-owners, carriage, boat, and lighter licensees, warehouse owners, customs agents, and sub-agents. These regulations establish the framework for managing the importation and exportation of goods, including the security requirements, licensing procedures, and working hours for customs operations. The geographic reach of these regulations is national, covering all ports and activities within the Commonwealth of Australia. The Regulations lay down specific security requirements for wharfs and sufferance wharfs to protect the revenue and penalties for non-compliance. They detail the issuance of licenses for carriages, boats, and lighters used for the conveyance of goods subject to customs control, including fees and conditions for the use of these licenses. Furthermore, the Regulations outline procedures for the warehousing of goods, including the types of goods that can be manufactured in licensed warehouses and the conditions under which drawback may be allowed. Additionally, they establish the working days and hours for customs operations, along with overtime rates for customs officers. The Regulations also address the landing of baggage, the importation of substitutes for butter, and the sizes of packages for importing various goods. They include provisions for the unshipment of goods without entry, the time for making entries, and the conditions under which goods can be re-gauged, re-measured, or re-weighed in warehouses. Furthermore, the Regulations detail the process for obtaining a clearance for a ship, the standards for tea and concentrated Japan, and the allowance for samples of various goods. They also cover the conditions for the re-importation of exported goods and samples, the purchase of goods by the customs, and the procedures for claiming refunds, rebates, or remissions of duty. The Regulations extend or restrict their application through subordinate instruments, which allow for adjustments and specific provisions to be made as necessary.

Key Provisions

• These Regulations provide detailed provisions for the administration of the Customs Act 1901-1910. They include provisions for the use and security of wharfs, sufferance wharfs, and the issuance of licences for carriages, boats, and lighters. Section 14 mandates that the Customs flag, which is the blue ensign of the Commonwealth of Australia, shall be used with the addition of "H.M.C." in the fly. Section 15 requires owners of any wharf that has not furnished security to do so within 60 days, under penalty of up to £100 and potential cancellation of the wharf’s designation. Section 17 further stipulates that proprietors or lessees of sufferance wharfs must also furnish security.
• Section 20 and the following sections outline the requirements for licences for carriages, boats, and lighters. These licences must be accompanied by an annual fee, and the owner must provide security and ensure the carriage, boat, or lighter is clearly marked with the owner’s name and licence number. There are specific rules about the use of these vehicles and the penalties for non-compliance, including the cancellation of the licence. The Regulations also specify the working days and hours for Customs operations, including exceptions for overtime and special permissions.
• Section 41 mandates that passengers’ personal baggage must be unshipped by authority and landed only at legal landing places. Section 52 details the conditions for importing substitutes for butter, requiring them to be coloured a distinct pink colour and clearly labelled. Section 53 outlines the minimum sizes for packages of spirits, opium, tobacco, cigars, cigarettes, and snuff for importation. Section 54 provides standards for the strength and purity of tea, deeming tea that does not meet these standards unfit for human use.
• Section 64 through 69 describe the process for reporting and entering goods, including requirements for invoices, entry forms, and cart notes. Section 72 details the time frames for making entries and the conditions for unshipping goods without entry. Section 74 through 76 provide regulations for transit permits, including the need for security and the procedures for delivering goods under these permits.
• Section 80 through 97 set forth the fees and conditions for warehousing goods, including the types of warehouses, the fees for different capacities, and the security requirements for obtaining a warehouse licence. Sections 87 through 99 address the sorting, bottling, packing, and re-packing of goods in warehouses, including the minimum quantities required and the labelling and marking of goods.
• Section 104 through 119 detail the process for exporting goods, including the requirements for obtaining and using export entries and clearances. Sections 126 through 147 cover drawback of duty on exported goods, including the conditions for allowing drawback and the procedures for claiming it. Section 148 through 155 address the coasting trade, including the requirements for Transire permits and the conditions for loading and discharging goods.
• Section 156 through 168 set out the rules for Customs agents, including the requirements for obtaining and maintaining a licence, the fees, and the conditions for acting as an agent. Sections 169 through 179 outline the procedures for seizure of goods, including notices of seizure, security for release, and the enforcement of penalties and forfeitures. Section 180 through 187 detail the process for settling disputes under Part XV of the Customs Act, including the procedures for inquiries, the enforcement of penalties, and the rights of defendants in Customs prosecutions.
• Section 190 through 196 address the forms required under these Regulations and the conditions for their use. Section 196 repeals all previous regulations under the Customs Act, except where they pertain to lawful actions, rights, or liabilities. These Regulations impose a range of obligations on wharf-owners, licence holders, and others involved in the import and export processes, including the need to furnish security, comply with labelling and marking requirements, and adhere to the specified working hours and days.
• Failure to comply with these Regulations can result in civil or criminal penalties. For instance, Section 3 imposes a penalty of up to £100 and potential cancellation of the wharf’s designation for non-compliance with security requirements. Section 6 mandates that non-compliance with the rules for carriages, boats, and lighters can result in the cancellation of the licence. Section 180 through 187 detail the enforcement of penalties and forfeitures, including the use of warrants of execution. Non-compliance with the requirements for drawback, valuation, and other processes can also lead to penalties, as outlined in the respective sections.

Legal classification tags

Area of Law

Customs Law

International Trade Law

Instrument

Regulation

Concepts

Definitions & Interpretation

Licensing & Registration

Enforcement Powers

Reporting & Disclosure Obligations

Customs Procedures