Customs Regulations 1913 (Amendment) (Provisional)

Overview

The Provisional Regulation under the Customs Act 1901-1910, numbered 1914 No. 117, was enacted by the Governor-General in Council to address an immediate need for amendments to the Customs Regulations 1913. This legislation was issued on the thirteenth day of August, 1914, as a Provisional Regulation due to its urgent nature. The primary objective of this regulation was to ensure that the coasting trade would be subject to customs control, thereby clarifying and enforcing the regulatory oversight over cargoes involved in coastal shipping. The regulation was introduced by the Minister of State for Trade and Customs, Littleton E. Groom, and was subsequently published as a statutory rule by the Commonwealth Government, with Albert J. Mullett acting as the Government Printer for the State of Victoria.

Scope and Application

The Provisional Regulation under the Customs Act 1901-1910 applies to all entities and persons engaged in the coasting trade within the Commonwealth of Australia. This includes any vessels, goods, or cargo that are subject to the coasting trade provisions and are transported between ports within Australia, as well as any individuals or businesses involved in the loading, unloading, or handling of such cargo. The geographic reach of this regulation is specifically focused on the coastal waters of Australia, thereby affecting maritime activities that are confined within the nation's territorial limits. The amendment to Regulation No. 153 of the Customs Regulations 1913 extends the control of the Customs service to include all cargo involved in the coasting trade, subjecting it to customs oversight and regulation. While the primary application of this regulation is to the coasting trade, the overarching Customs Act 1901-1910 provides the framework for further extensions and restrictions through subordinate instruments, ensuring comprehensive coverage and enforcement of customs-related activities within the Commonwealth.

Key Provisions

The primary operative sections of this Provisional Regulation, as part of the Customs Regulations 1913, amend Regulation No. 153 to subject coasting trade cargo to Customs control. This means that any goods being transported along the coast of Australia will now require oversight and potentially clearance by Customs authorities (Regulation No. 153). This amendment ensures that even coastal shipping is subject to the same regulatory oversight as international and interstate shipments, which helps in maintaining consistency and control over the movement of goods within the country. This Act imposes obligations on entities involved in the coasting trade to comply with Customs regulations. This includes providing necessary documentation and information to Customs officers to facilitate the inspection and clearance of goods. These obligations are crucial to prevent illegal activities such as smuggling and to ensure that all goods entering or leaving Australian waters are properly declared and taxed (Regulation No. 153). Compliance with these regulations ensures that the government can collect the appropriate duties and taxes, which are vital for the economic governance of the country. Breaches of these regulations can lead to significant consequences. Under the Customs Act 1901-1910, individuals and entities found guilty of non-compliance can face civil penalties. For instance, failure to declare goods correctly can result in financial penalties, and in severe cases, criminal charges. The maximum penalties can vary, but they include fines and potential imprisonment, reflecting the seriousness with which the government treats violations of Customs laws. It is essential for all parties involved in coasting trade to be fully aware of their obligations to avoid these severe repercussions.