Customs Regulations 1913 (Amendment)

Overview

The Customs (Carriage, Boat, and Lighter Licences) Regulations 1917, introduced as Statutory Rules 1917, No. 61, were enacted to amend the existing customs regulations concerning the licensing of carriages, boats, and lighters. This legislative instrument was formulated under the authority of the Customs Act 1901–1916 and came into immediate effect. The objective of these regulations was to provide a structured security requirement for the issuance of licences to owners of carriages, boats, and lighters, thereby ensuring compliance with the customs laws of the time. These regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, highlighting the importance of these measures in the regulation of customs activities.

Scope and Application

The Legislative Instrument C1917L00061 pertains to the Customs Act 1901–1916 and specifically amends the Customs Regulations 1913. The regulation applies to the owners of carriages, boats, and lighters that require a licence under the Customs Act. These owners must provide security with an approved surety to obtain a licence, with the amount of security varying based on the number of carriages, boats, or lighters involved. The regulation delineates that for up to ten carriages, the required security is £50 per carriage, while for each carriage beyond ten, the security is £50 for the first ten and £25 for each additional carriage. For boats and lighters, the security required is £100 per vessel. The application of these regulations is confined to the Commonwealth of Australia, thus extending across all states and territories under federal jurisdiction. The regulations do not explicitly state any exclusions or exemptions but imply that any carriage, boat, or lighter requiring a licence under the Customs Act must comply with these stipulations. The application of the regulation can be extended or restricted through subordinate instruments, allowing for further detailed provisions or modifications as necessary.

Key Provisions

The main operative sections of the Statutory Rules 1917, No. 61, which amend the Customs Regulations 1913, primarily concern the security requirements for obtaining a carriage, boat, or lighter licence. Regulation 9 (section 1) sets out the specific financial guarantees that must be provided by the owner of a carriage, boat, or lighter before a licence can be issued. For carriages, the required security varies depending on the number of carriages being licensed. If the number of carriages does not exceed ten, a guarantee of £50 must be provided for each carriage. However, if the number exceeds ten, the first ten carriages require £50 each, and any additional carriages require £25 each (section 2). For boats or lighters, a single guarantee of £100 must be provided (section 3). These regulations impose specific obligations on the parties seeking to obtain a licence for a carriage, boat, or lighter. The owner must provide security in the form of a financial guarantee, with an approved surety, to ensure compliance with the stipulated amounts. The security amount is determined by the type and number of vehicles or vessels being licensed, as outlined in the regulation (section 4). The requirement for providing security aims to ensure that the owner can meet any potential financial obligations that may arise under the Customs Act 1901–1916. Breach of these regulations could result in civil or criminal consequences, though the specific penalties are not detailed in the statutory rules themselves. Under the Customs Act 1901–1916, failure to provide the required security when applying for a licence may lead to the denial of the licence. Moreover, if the security provided is deemed insufficient or if there is non-compliance with the terms of the licence, further enforcement actions may be taken, including potential fines or other penalties as prescribed by the Act (section 5). The precise penalties would depend on the nature and severity of the breach and would be determined in accordance with the applicable provisions of the Customs Act.