STATUTORY RULES.
1919. No. 243.
REGULATION UNDER THE CUSTOMS ACT 1901-1916.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901-1916, to come into operation forthwith.
Dated this ninth day of October, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Trade and Customs.
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Amendment of the Customs Regulations 1913.
(Statutory Rules 1913, No. 346.)
The Schedule to the Customs Regulations 1913 is amended by the deletion of Form 9b and the substitution of the following:—
“Form 9b.
Reg. 32.
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AUSTRALIAN CUSTOMS.
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Port of State of
List of Customable Articles and Opium in the possession of the Master, Officers, and Crew of the Ship Master from , 19 .
Instructions to Masters.
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 and opium in his possession. If he has nothing he must state “nil” or “nothing.”
2. Any dutiable article or opium, the property or in the possession 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 or person in possession 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.
Articles in 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, the quantity of dutiable goods and opium, 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., whether intended to be landed 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 and opium, 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 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.” (T. & C. 19/A.6847.)
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules of 1919, No. 243, made under the Customs Act 1901-1916, introduces a regulation to amend the Customs Regulations 1913. This legislative instrument aims to address the need for a more structured and detailed declaration process for dutiable articles and opium in the possession of the master, officers, and crew of ships entering Australian ports. Enacted by the Governor-General in Council, this regulation was designed to ensure greater accountability and transparency in the customs declaration process, thereby preventing illicit activities such as smuggling and ensuring compliance with customs laws. The policy objective behind this regulation is to facilitate smoother customs operations and uphold the integrity of the customs process.
Scope and Application
This legislative instrument, Statutory Rules 1919, No. 243, amends the Customs Regulations 1913 under the Customs Act 1901-1916. The regulation applies specifically to the masters, officers, and crew of ships entering Australian ports. It mandates the completion and signing of a detailed list of dutiable articles and opium in their possession. This list must be presented to the Customs Officer upon the vessel's arrival, ensuring transparency and accountability for any goods that may be subject to duty. The regulation underscores the master's responsibility for the accuracy of the list at each port and mandates that any discrepancies or forfeitures are to be documented on the form. The regulation's geographic reach is national, encompassing all ports within Australia. There are no stated exclusions or exemptions within the text, and the regulation is applicable to all individuals involved in maritime trade entering Australian waters. The regulation can be further extended or modified through subordinate instruments under the Customs Act.
Key Provisions
The primary operative sections of the Regulation under the Customs Act 1901-1916, as amended by Statutory Rules 1913, No. 343, pertain to the amendment of Form 9b, which is used to list the customable articles and opium in the possession of the master, officers, and crew of a ship (Reg. 32). This form must be completed in readiness for inspection by a Customs Officer and must be signed by every member of the crew, including the master and officers, who must declare the quantity of dutiable articles and opium in their possession (Reg. 32(1)). If the person has no dutiable articles or opium, they must state "nil" or "nothing" (Reg. 32(1)). The master is required to ensure that any dutiable articles or opium not listed will be liable to forfeiture, and the person in possession will be subject to prosecution (Reg. 32(2)). All articles reported on the list must be produced and may be placed in a secure place to be sealed by a Customs Officer if necessary (Reg. 32(3)).
The Act imposes obligations on the parties involved, primarily the master of the ship and the crew. The master is responsible for the accuracy of the list of dutiable articles and opium at every port (Reg. 32). They must ensure that all dutiable goods and opium are accurately declared and accounted for, and that any undeclared items are liable to forfeiture and prosecution (Reg. 32(2)). The officers and crew must declare the quantity of dutiable goods and opium in their possession and ensure that these items are produced for inspection and sealing if required (Reg. 32(1) and (3)). Failure to comply with these requirements can result in the forfeiture of the dutiable articles and opium, as well as potential prosecution for the individuals involved (Reg. 32(2)).
There are specific consequences for breach of the provisions outlined in the Regulation. Any dutiable articles or opium found on the vessel that are not listed in Form 9b will be liable to forfeiture, and the person in possession of these items will be subject to prosecution (Reg. 32(2)). Additionally, if any of the articles mentioned in the list are landed and duty is paid at any port in Australia, the proper officer must endorse this fact on the form (Reg. 32, Note). While the Regulation does not specify the exact penalties for these offences, it is likely that they would be in line with the penalties provided under the Customs Act 1901-1916, which could include fines and imprisonment for serious breaches.