Customs Regulations 1913 (Amendment)

Overview

The Statutory Rules 1920, No. 149, under the Customs Act 1901-1916, were enacted to address the need for more stringent regulation and identification of licensed carriages, boats, and lighters used in the transport of goods subject to customs control. These regulations were made by the Deputy of the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The overarching policy objective was to enhance the management and monitoring of goods in transit, ensuring compliance with customs regulations and preventing illicit activities related to the movement of these goods. The regulations introduced specific requirements for the licensing and marking of these transport vehicles, thereby establishing a clear framework for their identification and accountability.

Scope and Application

The Customs Regulations 1920, made under the authority of the Customs Act 1901-1916, apply to all licensed carriages, boats, and lighters involved in the conveyance of goods subject to customs control within the Commonwealth of Australia. These regulations mandate that each licensed carriage, boat, and lighter must be assigned a unique licence number and display specific markings, including the name of the licensee and a carriage number-plate for carriages. The owner or user of these vessels who fails to comply with the stipulated requirements is liable to an offence and may face a penalty of up to Fifty pounds on summary conviction. Additionally, the ownership of carriage number-plates remains with the Commonwealth, and boats and lighters must have certain markings obliterated upon ceasing to be licensed. The regulations also specify the consequences for unauthorised use of carriage number-plates. The scope of these regulations is limited to the control and regulation of goods subject to customs duties, and they do not extend to other industries or conduct outside the purview of customs legislation.

Key Provisions

The main operative sections of these regulations establish the process for assigning licence numbers to licensed carriages, boats, and lighters, as well as the requirements for the display of these numbers and the carriage of number plates. Regulation 13(1) requires the Collector to assign a separate licence number to each licensed carriage, boat, and lighter, while Regulation 13(2) mandates that the Collector issue a carriage number-plate to each licensee, bearing a representation of a Crown, the letters 'H.M.C.', and the licence number assigned to the carriage. Regulation 13(3) requires that the name of the licensee be prominently, legibly, and indelibly painted on the carriage, and that the carriage number-plate be securely affixed to the carriage. Regulation 13(4) requires that the name of the boat or lighter, the licence number assigned to the boat or lighter, and the letters 'H.M.C.' be prominently, legibly, and indelibly painted on the boat or lighter. Regulation 14(1) and (2) require that the carriage number-plate be returned to the Collector upon the cessation of the carriage's licence, and that the licence number and the letters 'H.M.C.' be obliterated upon the cessation of the boat or lighter's licence. Regulation 14(4) prohibits the use of a carriage number-plate not issued for that carriage without the permission of the Collector. The regulations impose several obligations on the parties or entities they govern. The licensee of a carriage, boat, or lighter is required to ensure that the name of the licensee or the name of the boat or lighter, the licence number, and the letters 'H.M.C.' are prominently, legibly, and indelibly painted on the carriage, boat, or lighter, as applicable. The licensee is also required to affix the carriage number-plate issued for the carriage securely to the carriage. The owner of a carriage, boat, or lighter is required to return the carriage number-plate to the Collector upon the cessation of the licence, and to obliterate the licence number and the letters 'H.M.C.' upon the cessation of the boat or lighter's licence. The owner or user of a carriage is prohibited from affixing a carriage number-plate not issued for that carriage without the permission of the Collector. Any person who fails to comply with the requirements of the regulations is guilty of an offence. Regulation 13(5) states that the owner or user of a carriage, boat, or lighter which does not comply with the last two preceding sub-regulations of Regulation 13 is guilty of an offence against that regulation. Regulation 14(3) states that any person who fails to comply with the requirements of the preceding sub-regulations of Regulation 14 is guilty of an offence against that regulation. Regulation 14(4) states that the owner or user of a carriage to which is affixed, without the permission in writing of the Collector, a carriage number-plate not issued for that carriage is guilty of an offence against that regulation. Any person found guilty of an offence against Regulation 13 or 14 is liable on summary conviction to a penalty not exceeding Fifty pounds and not being less than Five pounds.