Customs Regulations 1913 (Amendment)

Legislation au C1918L00277 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1918. No. 277.

 

REGULATIONS 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 Regulations under the Customs Act 1901-1916 to come into operation forthwith.

Dated this sixteenth day of October, 1918.

R. M. FERGUSON.

Governor-General.

By His Excellency’s Command,

J. A. JENSEN,

Minister of State for Trade and Customs.

 

Amendment of the Customs Regulations.

(Statutory Rules 1913, No. 346.)

1. Regulation 22 of the Customs Regulations is repealed and the following regulation inserted in its stead:—

“Overtime Rates.

22. (1) When work is permitted before or after working hours, or on any Sunday or holiday, for the convenience of the public, the rates to be charged for the services of the officers employed shall be as follow, viz.:—

(a) Officers acting under the direct supervision of a superior officer; lockers; drawback officers; and officers inspecting re-imported goods (regulation 111a), 2s. 6d. per hour, or part thereof, except between the hours of 11 p.m. and 8 a.m., when the rate shall be 3s. per hour, or part thereof.

(b) Officers in charge of the loading on or discharge of goods from ships, 3s. per hour, or part thereof, except between the hours of 11 p.m. and 8 a.m., when the rate shall be 4s. per hour, or part thereof.

(c) Officers of the Indoor Staff, 3s. per hour, or part thereof.

(d) Officers receiving the report of a vessel, clearing a vessel, or receiving the report and clearing a vessel at the same time—

(i) if not engaged for more than two hours, 5s.;

(ii) if engaged for more than two hours, 2s. 6d. per hour or part thereof, with a maximum charge of 20s. for any twenty-four hours.

(2) The charges under (a), (b), and (c) shall be calculated from the hour at which the officer is required to attend, and shall include charges at the same rates in respect of the time reasonably occupied in proceeding to and returning from the wharf or other place where the attendance is required.”


2. Regulation 24 of the Customs Regulations is repealed and the following regulation inserted in its stead:—

“24. The money received for overtime shall be held by the Department, and payment shall be made to the officers who have earned the overtime, at the rates provided for by law.”

3. Regulation 111b of the Customs Regulations is repealed and the following regulation inserted in its stead:—

“111b. (1) The conditions under which samples of duty-paid goods sent out of Australia may be re-imported or brought back to Australia free of duty, shall be as follow:—

(a) The goods shall be inspected by an officer prior to shipment.

(b) An export entry, in accordance with Form 38, shall be made and passed giving full particulars of the samples intended to be shipped.

(c) Drawback of duty must not have been paid thereon.

(d) The goods must be re-imported into Australia within twelve months from the date of their exportation therefrom.

(e) The goods shall, on re-importation, be entered as “Returned Samples,” and shall be verified, by an officer, with the original export entry.

(2) Where services are performed by an officer in pursuance of this regulation—

(a) if the services are performed during official hours (8 a.m. to 5 p.m.) they may be charged for at the rate of 2s. 6d. per hour;

(b) if the services are performed outside official hours they may be charged for in accordance with regulation 22 (1) (a).”

4. Regulation 147 of the Customs Regulations is repealed and the following regulation inserted in its stead:—

“Payment for Officers’ Services.

147. Exporters of goods for drawback shall pay to the Collector a charge of 2s. 6d. per hour, or any portion of an hour, for the time an officer is employed on their application under these Regulations within official hours, and any other expense incurred on their behalf, and no debenture shall be passed for payment until such charges and expenses have been paid: Provided that the charge for an officer’s services outside official hours (8 a.m. to 5 p.m.) shall be in accordance with regulation 22 (1) (a).”              (T. & C. 17/B.12749.)

 

 

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

Overview

The Statutory Rules 1918 No. 277, titled Regulations under the Customs Act 1901-1916, was enacted to revise the overtime rates and conditions for customs officers and to establish new regulations concerning the re-importation of duty-paid goods. This legislation was made under the authority of the Governor-General in Council, acting on the advice of the Minister of State for Trade and Customs, and it aimed to provide clarity and consistency in the payment of overtime for customs officers and the processing of returned samples. By updating the Customs Regulations, the legislation sought to address the need for fair compensation for overtime work and to streamline the process for re-importing goods that had previously been exported under specific conditions.

Scope and Application

The Customs Regulations, amended by the Statutory Rules 1918, No. 277, govern the rates and conditions for overtime work by customs officers as well as the payment for services rendered by these officers. This regulation applies to all officers employed by the customs department, including those working under direct supervision, those in charge of loading or discharging goods, indoor staff, and officers handling vessel reports and clearances. The rates for overtime work are specified according to the type of work and the time of day, with higher rates for work performed outside of standard hours and on Sundays or holidays. Additionally, these regulations detail the conditions under which samples of duty-paid goods can be re-imported free of duty and outline the payment for services rendered by customs officers, whether during official hours or overtime. The geographic reach of these regulations is nationwide, as they pertain to the Commonwealth of Australia. The regulations do not explicitly state exclusions or exemptions, but they do specify conditions that must be met for certain practices, such as the re-importation of samples. The application of these regulations may be extended or restricted through subordinate instruments, allowing for flexibility in their implementation across different scenarios and needs within the customs service.

Key Provisions

The primary operative sections of these regulations under the Customs Act 1901-1916 pertain to overtime rates for customs officers, payment for overtime work, conditions for re-importing samples of duty-paid goods, and charges for officers' services during and outside of official hours. Specifically, Regulation 22 outlines the overtime rates for various types of officers, depending on whether the work is performed during or outside of official hours, and includes specific rates for officers working on Sundays or holidays (Reg. 22(1)). Regulation 24 mandates that all overtime earnings be held by the Department and subsequently paid to the officers at the prescribed rates (Reg. 24). Regulation 111b details the conditions under which samples of duty-paid goods can be re-imported without incurring additional duty, including the necessity for inspection and the timeframe for re-importation (Reg. 111b(1)). Lastly, Regulation 147 specifies that exporters must compensate the Collector for officers' services, including any time spent outside of official hours, as per Regulation 22(1)(a) (Reg. 147). These regulations impose several obligations and requirements on both customs officers and entities involved in the importation and exportation of goods. Customs officers must adhere to the specified overtime rates and conditions for performing their duties outside of regular working hours (Reg. 22). The Department is obligated to hold and disburse overtime payments according to the outlined rates (Reg. 24). Exporters must ensure that they make all required payments to the Collector for officers' services, including any overtime, to facilitate the processing of their goods (Reg. 147). Additionally, entities seeking to re-import samples of duty-paid goods must comply with the stipulated conditions, such as prior inspection and timely re-importation, to avoid incurring additional duties (Reg. 111b). The regulations also establish specific consequences for non-compliance. For instance, failure to pay the stipulated charges for officers' services could result in delays in the processing of goods and potential penalties. Exporters who do not settle the charges for officers' services, including overtime, may face financial and administrative repercussions. Furthermore, entities that do not comply with the conditions for re-importing samples of duty-paid goods risk incurring additional duties and potential fines or penalties. While the regulations do not explicitly state maximum penalties, non-compliance with customs regulations generally may result in financial penalties, legal action, or other enforcement measures as prescribed by the Customs Act 1901-1916 and related legislation.

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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.