Customs Regulations 1913 (Amendment)

Overview

This statutory instrument, numbered 1917 No. 9, represents a regulation made under the Customs Act 1901-1916 by the Deputy of the Governor-General, Sir John Madden, with the advice of the Federal Executive Council. The regulation, which came into operation immediately upon its enactment on 17 January 1917, serves to amend the Customs Regulations of 1913. Specifically, it modifies the wording in Form 50 of the Schedule to correct a discrepancy in the application process for drawback on sugar used in products such as jam, changing the term from "previously allowed" to "previously claimed." This adjustment ensures that the regulation aligns more accurately with the intended process, thereby addressing a specific gap in the 1913 regulation. The purpose of these amendments is to refine the administrative processes under the Customs Act, ensuring that the regulations remain effective and correctly reflect the intended policy objectives. The regulation was issued by the Commonwealth of Australia, printed and published by the Government Printer for the State of Victoria, Albert J. Mullett, and is part of the statutory rules that govern customs procedures in Australia.

Scope and Application

The Statutory Rules 1917, No. 9, made under the Customs Act 1901–1916, amends the Customs Regulations 1913 concerning the application for drawback on sugar used in the production of jam. This regulatory change affects businesses and individuals who have applied for drawback on sugar used in jams and other similar products. The amendment is specific to the declaration process, replacing the phrase "previously allowed" with "previously claimed" in paragraph (c) of Form 50 of the Schedule to the Customs Regulations 1913. This alteration is applicable to the entire Commonwealth of Australia, extending its reach to all entities and persons engaged in the import and export of goods that qualify for drawback. The regulation does not specify any exclusions, exemptions, or thresholds within its scope. Subordinate instruments may further extend or restrict the application of these regulations, ensuring compliance and accurate administration of drawback claims across the nation.

Key Provisions

The main operative section of this legislation (Statutory Rules 1917, No. 9) pertains to the amendment of the Customs Regulations 1913. Specifically, it modifies Form 50 of the Schedule to the Customs Regulations 1913, which is related to applications for drawback on sugar used in products such as jam. Section 1 of the Statutory Rules changes the wording in paragraph (c) of the declaration required for such applications, substituting "previously claimed" for "previously allowed" (Section 1(c)). This change ensures that the declaration accurately reflects the status of any previously made claims for drawback. The obligations imposed by this regulation on parties or entities governed by the Customs Act 1901-1916 include ensuring that any applications for drawback on sugar used in products like jam include an accurate and updated declaration. The amendment requires that the declaration now specifies whether any drawback has been previously claimed rather than previously allowed. This change aims to clarify the status of drawback claims, ensuring that all relevant information is accurately reported and preventing any confusion or misinterpretation in the claims process. For breaches of the provisions of this regulation, the potential consequences include administrative penalties or other enforcement actions under the Customs Act 1901-1916. While the specific penalties are not detailed in the statutory rules themselves, breaches of customs regulations can generally lead to financial penalties, seizure of goods, or other enforcement actions as deemed appropriate by the relevant authorities. The penalties for non-compliance can be significant, reflecting the importance of accurate and truthful declarations in customs applications.