STATUTORY RULES.
1914. No. 101.
PROVISIONAL REGULATION UNDER THE CUSTOMS ACT 1901-1910.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that, on account of urgency, the following Regulation under the Customs Act 1901-1910 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this sixteenth day of July, One thousand nine hundred and fourteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
J. H. McCOLL,
for Minister of State for Trade and Customs.
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Customs Regulations.
Regulation 3 of the Customs Regulations (S.R. 1913, No. 346) is hereby repealed, and the following Regulation is inserted in its stead:—
“Wharfs.—Security.
3.—(1) The owner of any wharf, or any person having the control of a wharf, in respect of which security has not been furnished at the commencement of this Regulation, must furnish security, for the protection of the revenue, in accordance with Form 1A.
(2) The security to be given in respect of a wharf shall be for such amount as the Collector of Customs for the State in which the wharf is situate deems necessary.
(3) In respect of wharfs in actual use at the commencement of this Regulation, such security must be furnished to the Customs within sixty days from the commencement of this Regulation.
(4) Any wharf-owner, or person having the control of a wharf, who fails to comply with the provisions of this Regulation, shall be liable to a penalty not exceeding £50, and such failure shall be a good ground for the cancellation of the appointment of the wharf as a wharf within the meaning of the Customs Act 1901-1910.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.9493.—Price 3d.
Overview
The Provisional Regulation under the Customs Act 1901-1910, enacted in 1914, was introduced to address an immediate need for enhanced security measures concerning the operation of wharves. This regulation was enacted due to the urgency of ensuring that wharf owners or those in control of wharves provide adequate security to protect the revenue. The regulation was issued by the Governor-General in Council and came into immediate operation. The overarching policy objective was to safeguard customs revenue by requiring wharf operators to furnish security, thereby ensuring compliance with customs regulations and preventing potential revenue losses. Failure to adhere to the security requirements could result in penalties and the cancellation of the wharf's status under the Customs Act.
Scope and Application
This Provisional Regulation under the Customs Act 1901-1910 applies specifically to the owners and controllers of wharves that have not yet provided security for the protection of the revenue. The security requirement is to be determined by the Collector of Customs for the state where the wharf is located and must be provided within sixty days of the regulation's commencement. Any individual or entity failing to furnish the required security within this timeframe is subject to a penalty of up to £50 and may also face the cancellation of their wharf's status under the Customs Act. The regulation operates across the Commonwealth of Australia, thereby imposing a nationwide requirement for wharf security. Notably, this regulation does not specify exclusions or thresholds beyond the requirement to furnish security based on the Collector's assessment, and it does not extend its application through subordinate instruments.
Key Provisions
The main operative sections of this Provisional Regulation under the Customs Act 1901-1910, specifically Regulation 3, require that any owner or controller of a wharf must furnish security to protect the revenue. This requirement applies to wharfs where such security has not yet been provided at the time the regulation comes into effect (section 3(1)). The regulation also mandates that the amount of security must be determined by the Collector of Customs for the state where the wharf is located (section 3(2)). For wharfs already in operation at the regulation's commencement, the required security must be furnished to Customs within sixty days from the date of the regulation's commencement (section 3(3)).
The obligations imposed by this Act on the parties governed by it, namely wharf owners or controllers, include the necessity to provide a specified amount of security to protect the revenue. This security must be presented in accordance with Form 1A as deemed necessary by the Collector of Customs. Non-compliance with these provisions by failing to furnish the required security within the stipulated period can lead to severe consequences.
Failure to comply with the requirements of this regulation results in a penalty not exceeding £50, as stipulated in section 3(4). Additionally, such non-compliance can be considered a valid ground for the cancellation of the wharf's designation as a wharf under the Customs Act 1901-1910. This implies that the wharf could lose its official status, impacting its operations and compliance with customs regulations.