STATUTORY RULES.
1915. No. 259.
PROVISIONAL REGULATION UNDER THE CUSTOMS ACT 1901-1914.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Customs Act 1901-1914 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twenty-second day of December, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
FRANK G. TUDOR,
Minister of State for Trade and Customs.
CUSTOMS REGULATIONS.
Regulation 104 of the Customs Regulations (Statutory Rules 1913, No. 346) is hereby cancelled, and the following Regulation inserted in its stead:—
“104. In the case of a vessel clearing for an oversea destination viâ an Australian port or ports the Master shall take out, before or at the time of clearance, a Transire for such port or ports in accordance with Form 54a. If no goods subject to the control of the Customs are carried for any Australian port, the Master shall indorse the Transire, “No under-bond goods,” and/or if no goods are carried which are the subject of any prohibition of exportation, the Master shall indorse the Transire “No restricted exports.” The Transire shall be presented to the Customs at each port of call in Australia. At each such port, except the final port, it shall be stamped “Produced” and returned by the Customs to the Master or Agent of the vessel for presentation at the next port of call. At the last port of call in Australia the Transire shall be retained by the Customs.”
C.17362.—Price 3d.
The Schedule to the Regulations is hereby amended by the insertion, after Form 54, of the following additional form:—
“Reg. 104. | FORM 54a. |
| (In Duplicate.) Australian Customs. |
TRANSIRE INWARDS/OUTWARDS DUTIABLE GOODS AND RESTRICTED EXPORTS. |
| State of | | Port of |
Ship | | of | tons net register, with a crew of men. |
| | Master. | |
For From Owners | | Agents. |
Goods under Bond. |
No of Line. | Marks. | Nos. | No of Packages. | Description of Goods. | (To be inserted by Customs). |
Ex Warehouse under Transit Permit, or Excisable. | No. of Entry. |
| | | | | | |
|
Restricted Exports.
Description of Goods. | Quantity. | To be Discharged at— | For Transshipment to— | Per— |
| | | | |
I declare that the particulars above stated are true and correct. Master. Declared before me this day of 19 . Collector.” |
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Provisional Regulation under the Customs Act 1901-1914, enacted in 1915, addresses the need for streamlined customs procedures for vessels transiting through Australian ports. The regulation was introduced by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, due to the urgency of the matter. The policy objective of this regulation is to facilitate the efficient movement of vessels and goods through Australian ports by updating the customs documentation requirements for vessels clearing for overseas destinations via Australian ports, ensuring compliance with customs controls and the management of restricted exports. This provisional regulation thus serves to enhance customs administration and control during the early years of the Commonwealth's governance.
Scope and Application
The Provisional Regulation under the Customs Act 1901-1914 pertains to vessels clearing for an overseas destination via an Australian port. Specifically, it applies to the Masters of vessels who are required to obtain a Transire before or at the time of clearance, in accordance with Form 54a. This regulation is mandatory unless no goods subject to Customs control or any restricted exports are carried for any Australian port, in which case specific endorsements must be made on the Transire. The regulation applies to all vessels making such clearances and mandates the presentation of the Transire at each Australian port of call, culminating in its retention by Customs at the final port of call in Australia. The regulation extends its reach across all Australian ports and applies to any vessel passing through them on its way to an overseas destination. There are no exclusions or exemptions specified within the text of this regulation, though its immediate operational status suggests that it is a provisional measure subject to potential adjustments through subsequent legislative instruments.
Key Provisions
The main operative sections of this Provisional Regulation concern the process of clearance for vessels destined overseas via Australian ports, as detailed in Regulation 104 (C1915L00259). Regulation 104 mandates that the Master of any vessel must obtain a Transire document before or at the time of clearance if the vessel is heading overseas via an Australian port. The Transire must be filled out according to Form 54a, which is incorporated into the Customs Regulations as a replacement for the previous Regulation 104 (Statutory Rules 1913, No. 346). This form includes details such as the ship's registration, the Master's declaration, the description and quantity of goods under bond, and any restricted exports. The Transire must then be presented to Customs at each Australian port of call, except for the final port, where it is to be retained by Customs.
The obligations imposed by this regulation are primarily on the Master of the vessel. They must ensure that the Transire is completed accurately and in accordance with the specified form. If the vessel is not carrying any goods subject to Customs control or any prohibited exports, the Master must indorse the Transire with the respective notations: “No under-bond goods” or “No restricted exports.” Additionally, the Master is required to present the Transire to Customs at each Australian port of call, with the exception of the final port, where it is to be retained by Customs. The Master must also ensure that the form is stamped “Produced” at each port, except the final one, and returned to the vessel for presentation at the next port of call.
Breaches of the requirements stipulated in this regulation could result in penalties or other consequences. Although the specific penalties are not detailed in the text, it is implied that failure to comply with the Customs Regulations could lead to legal action, fines, or other enforcement actions. The regulation's strict procedural requirements underscore the importance of adherence to ensure the smooth operation of customs processes and the proper handling of goods in transit through Australian ports. The precise penalties and enforcement mechanisms would typically be outlined in the broader Customs Act or related legislation.