Customs Regulations 1913 (Amendment) (Provisional)

Overview

Statutory Rules 1914, No. 63, enacted as a Provisional Regulation under the Customs Act 1901-1910, addresses the urgent need to standardise the equivalence of extracts of opium for customs purposes. The Governor-General, acting on advice from the Federal Executive Council, certified the immediate operation of these regulations due to their critical nature. This legislative instrument was introduced to ensure consistency in the classification and valuation of opium extracts, thus facilitating accurate customs assessments and enforcement. The underlying policy objective is to maintain regulatory integrity and streamline the administration of customs duties related to opium products.

Scope and Application

This Provisional Regulation, enacted under the Customs Act 1901-1910, introduces a specific amendment to the Customs Regulations 1913 concerning the standards for condensations, particularly in relation to the extract of opium. This legislation applies to all entities involved in the importation, exportation, and trade of opium and its derivatives within the Commonwealth of Australia. It mandates that one pound of Extract of Opium is considered equivalent to two pounds of ordinary free Opium, thereby establishing a standardised measure for customs purposes. The regulation is designed to ensure consistency and fairness in the enforcement of customs duties and regulations pertaining to these substances. The scope of this regulation is confined to the Commonwealth, meaning it applies nationally, and there are no exclusions or exemptions explicitly stated in the text. The regulation is effective immediately upon certification and serves as a provisional measure pending further legislative action, thereby extending its application through subordinate instruments to address the urgency of the matter.

Key Provisions

The primary provision of the Statutory Rules 1914 No. 63 is an amendment to Regulation No. 109 of the Customs Regulations 1913 (Statutory Rules 1913, No. 346). This amendment, which pertains to the standards for condensations, specifically addresses the equivalence of one pound of Extract of Opium to two pounds of ordinary free Opium (Regulation 109). This equivalence is crucial for determining the customs duties and regulations applicable to these substances. Entities and parties governed by these regulations are required to adhere to the newly established equivalence standards when declaring and processing opium-related substances at customs. This means that when calculating the duty payable on opium products, one pound of Extract of Opium must be treated as if it were two pounds of ordinary free Opium. This requirement ensures consistency and fairness in the application of customs duties and regulations concerning opium. Failure to comply with these provisions could result in breaches of customs regulations. Although the specific consequences of such breaches are not detailed in the provided text, it is reasonable to infer that non-compliance could lead to penalties under the broader framework of the Customs Act 1901-1910. This might include financial penalties, confiscation of goods, or other enforcement actions taken by the customs authorities. The penalties for customs breaches can be severe, often including significant fines and potential imprisonment, depending on the nature and severity of the infringement.