Customs Regulations 1913 (Amendment)

Overview

The Statutory Rules 1918 No. 253, made under the Customs Act 1901-1916, was enacted to amend the Customs Regulations 1913 and address a specific issue with Form 22. This legislative instrument was introduced to ensure that when the security for imported goods is provided by the owner of the goods, certain references to a Head Agent and Customs Sub-Agent could be omitted from the form. This amendment was intended to streamline and simplify the process of securing imported goods, thereby improving the efficiency of customs procedures. The regulation was made by the Governor-General in Council, following advice from the Minister of State for Trade and Customs, and came into operation on the third day of October 1917.

Scope and Application

This legislative instrument, Statutory Rules 1918, No. 253, constitutes a regulation made under the Customs Act 1901-1916. The regulation amends the Customs Regulations 1913, specifically Form 22 in the Schedule, to modify the conditions under which security may be provided by the owner of goods. The regulation applies to the owner of goods, customs sub-agents, and head agents as defined within the Customs Act. It operates nationally as it is a Commonwealth regulation and applies to all states and territories within Australia. There are no explicit exclusions or exemptions mentioned in this regulation, but it is implied that the changes apply to those involved in the customs process as per the definitions and roles outlined in the Customs Act. The regulation allows for further extension or restriction through subordinate instruments, which can provide additional detail or specific conditions under which the amendment operates.

Key Provisions

The key operative sections of this regulation, as it pertains to the Customs Act 1901-1916, focus on the amendment of Form 22 within the Customs Regulations. Section 1 indicates that the regulation comes into effect on 3 October 1917. The amendment to Form 22, detailed in the schedule, allows for certain words to be omitted from the form when the security is provided by the owner of the goods, rather than by a Head Agent or a Customs Sub-Agent. This change is specified in the final addition to the note of Form 22, which allows for the exclusion of phrases that identify the Head Agent and Customs Sub-Agent when the security is directly provided by the owner (Schedule, T.& C.18/C.6446). This regulation imposes specific obligations on parties involved in the customs process. Primarily, it requires that when goods are owned by an individual rather than an agent, the relevant form must be adjusted to reflect this change. This involves ensuring that the form accurately identifies the party providing the security for the goods, which, in this case, is the owner themselves rather than an intermediary (Schedule, T.& C.18/C.6446). This amendment ensures clarity and accuracy in the documentation process, reflecting the true party responsible for the security of the goods. The regulation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within its text. However, given its nature as an amendment to procedural forms under the Customs Act, any non-compliance with these regulations could potentially lead to issues in the customs clearance process. While the regulation itself does not state maximum penalties, breaches of the Customs Act generally can lead to significant civil and criminal penalties, including fines and imprisonment, depending on the severity and intent of the breach. It is important for parties to adhere to the specified requirements to avoid any potential complications or legal repercussions.