STATUTORY RULES.
1915. No.68.
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-eighth day of April, 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.
Drawbacks of Duty.
Sugar Used in Making Jam and Other Goods.
Regulation 131 of the Customs Regulations 1913 (Statutory Rules 1913, No. 346) is hereby amended by the insertion of the following provision after the words “Jams and Jellies...½”:—
“The Minister may, in special cases, authorize payment of drawback on sugar actually used, to an extent greater than one-half. This provision shall be deemed to have come into operation on the 1st August, 1914.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.6318.—Price 3d.
Overview
The Provisional Regulation under the Customs Act 1901-1914, enacted in 1915, addresses the need for flexible administrative measures in the face of emerging economic conditions. The regulation was introduced by the Governor-General in Council, acting on the advice of the Federal Executive Council, to provide immediate relief and flexibility in the application of customs duties and drawback provisions. This urgency-driven legislative instrument aimed to facilitate the adjustment of drawback payments on sugar used in the production of goods such as jam, thereby supporting the industry during a period of potential economic strain. By allowing the Minister to authorize higher drawback payments in special cases, the regulation sought to ensure that the industry could adapt to changing market conditions without undue financial burden.
Scope and Application
This provisional regulation, enacted under the Customs Act 1901-1914, specifically pertains to the drawback of duty on sugar used in the manufacture of jam and other goods. It applies to any manufacturer or importer of goods using sugar, who may seek a drawback on the sugar used in their production. The regulation extends to the national level within the Commonwealth of Australia and is designed to provide flexibility in certain cases by allowing the Minister to authorise payment of drawback on sugar used in quantities greater than the standard half. This provision was made to come into effect on 1 August 1914, as noted in the amendment to Regulation 131 of the Customs Regulations 1913. The regulation allows for discretionary exceptions to standard drawback provisions, potentially aiding industries reliant on sugar-based products.
Key Provisions
The main operative sections of the Provisional Regulation under the Customs Act 1901-1914 pertain to the amendment of Regulation 131 of the Customs Regulations 1913, specifically addressing the drawback of duty on sugar used in the production of certain goods (Regulation 131(1)). The regulation introduces a provision that allows the Minister to authorise payment of drawback on sugar used in amounts exceeding the usual limit of one-half, under special circumstances (Regulation 131(2)).
The obligations imposed by this legislation are primarily administrative and discretionary. The Minister, under Regulation 131(2), is required to consider applications for increased drawback payments and make decisions based on the special cases presented. The regulation is intended to provide flexibility in the application of drawback provisions, allowing for a more tailored approach in certain instances, without specifying detailed procedural requirements beyond the Minister's discretion.
In terms of legal consequences, the regulation itself does not explicitly outline offences or penalties for non-compliance. However, any misuse or improper claim of drawback under the amended regulation could potentially lead to civil or criminal liability under the broader Customs Act 1901-1914, depending on the nature and intent of the breach. The potential penalties for such breaches could include fines or imprisonment, as stipulated by the overarching Customs Act, but the specifics of these penalties are not detailed within this particular regulation. The regulation, therefore, serves more as a guiding framework for the Minister's discretion rather than a direct source of penalties.