Customs Regulations 1913 (Amendment)

Overview

The Statutory Rules 1915, No. 69, made under the Customs Act 1901-1914, were enacted to refine the regulation of the coasting trade within Australia. This legislative instrument, issued by the Governor-General on the advice of the Federal Executive Council, amends the Customs Regulations 1913 to ensure that cargo involved in the coasting trade is subject to customs control. The objective of this regulation is to maintain oversight and compliance with customs laws for goods transported along the Australian coastline, thereby addressing a gap in the existing regulatory framework that previously did not explicitly state the application of customs control to coasting trade cargo. This amendment was crucial for enhancing the enforcement mechanisms and ensuring that trade within Australian waters adhered to the necessary customs regulations.

Scope and Application

The Customs Regulations 1915 (Statutory Rules 1915, No. 69), made under the Customs Act 1901-1914, primarily concern the regulation of the coasting trade within Australia. These regulations apply to any vessel involved in the coasting trade, which includes the transport of goods and cargo along the Australian coastline, subject to Customs control. The application of these regulations is national, impacting all vessels operating within Australia's territorial waters. These rules aim to ensure that all coasting trade activities are compliant with Customs requirements, thereby regulating the movement of goods within the country. Notably, these regulations amend an earlier set of rules, specifically Regulation No. 153 of the Customs Regulations 1913, by adding the phrase "subject to Customs control" after the word "cargo," thereby extending the scope of Customs oversight to all cargo involved in the coasting trade. This legislative instrument is an example of how subordinate instruments can extend the application of primary legislation, ensuring comprehensive coverage of the intended activities.

Key Provisions

The key provision of this statutory rule is the amendment of Regulation No. 153 of the Customs Regulations 1913. Specifically, the amendment introduces the phrase "subject to Customs control" following the term "cargo" in the regulation's first line (Regulation 1). This amendment signifies that any cargo involved in the coasting trade must now be under the oversight of Customs, thereby tightening control over goods transported within Australian waters. The amendment places a new obligation on entities involved in the coasting trade, specifically requiring that all cargo be subject to Customs control. This means that any goods transported within Australian waters must be accounted for and inspected by Customs officials. The regulation implies that the coasting trade, which involves the transportation of goods along the Australian coastline, is now subject to stricter scrutiny to ensure compliance with customs regulations. In the event of non-compliance with the amended regulation, there may be several consequences. Although specific offences and penalties are not detailed within the text, breaches of Customs regulations can typically lead to civil and criminal penalties. These can include fines, seizure of goods, and potential criminal charges for individuals or entities found in violation of the Customs Act 1901-1914. The severity of penalties would depend on the nature and extent of the breach, as outlined in the broader Customs Act and related legislative instruments.