Customs Regulations (Amendment)

Administered by Attorney-General's Department

Legislation au F1996B03934 Regulations Not in force Legislative Instrument

Legislation content

CUSTOMS REGULATIONS.

Statutory Rules 1949, No. 34,(a)

1. Regulation 4 of Statutory Rules 1933, No. 105 is amended by omitting paragraph (b).

2. Regulation 24 of the Customs Regulations is amended—

(a) by omitting from sub-regulation (1) the words “, not being dutiable goods,”; and

(b) by omitting from paragraph (c) of sub-regulation (3) the words “are his own property but”.

3. Regulation 71 of the Customs Regulations is amended—

(a) by inserting after the word “Essences” the words “and extracts “; and

(b) by inserting before the word “Tinctures” the words “Timber (sawn or dressed), articles manufactured from.”

4. Regulation 73 of the Customs Regulations is amended by inserting after the word “Essences” the words “and extracts”.

5. Regulation 110 of the Customs Regulations is amended by omitting paragraph (g) of sub-section (1.) and inserting in its stead the following paragraph;—

“(g) Cigars and Cigarettes—4 oz. for each 40 lb. net weight: Provided that not more than 1 lb. shall be allowed from any one shipment.”.

6. The Schedule to the Customs Regulations is amended by omitting Form 5a and inserting in its stead the following Form:—

“Form 5a.

Commonwealth of Australia.

Sec. 41. Australian Customs.

Reg. 24. PASSENGER’S BAGGAGE DECLARATION.

Note. —Each passenger, except a married woman travelling (and disembarking) with her husband and except a child under eighteen years of age travelling (and disembarking) with its parents or guardian, must make this declaration.

(a) Made under the Customs Act 1901-1947 on 8th June, 1949; notified i the Gazette on 10th June 1949.


I, (Surname in block letters.) (Christian names.) (Occupation.) of (Address in Australia.) do hereby declare—

* Delete whichever not applicable.

1. That I travelled from

to Australia per the

*ship

aircraft

disembarking at the

*port

of

aerodrome

† Delete whole of part if inapplicable.

2. †That I was accompanied on the voyage by my wife and the under-mentioned children under eighteen years of age:—

Name. Relation to passenger.

who

*is

disembarking at the same

*port

as myself.

are

aerodrome

† Delete if not applicable

3. ‡That I am making this declaration on behalf of the persons mentioned in paragraph 2 as well as on my own behalf.

4. That

*I am

not proceeding further on the said

*ship

on her present voyage.

we are

aircraft

5. That the baggage hereinafter set out comprises the whole of

*my

baggage landed or to be

our

landed from the

*ship

:—

aircraft

Trunks. Portmanteaux. Bags.

Boxes. Suit eases. Other packages.

6. That the whole of the said baggage has been or will be landed at the

*Port

of

aerodrome

 ‡(with the exception of which will be landed at

the

*Port

of

) and that the whole of the baggage is being or will

aerodrome

be presented to the Customs authorities for examination.

7. That the goods listed hereunder comprise all articles in the said baggage or on *my / our person (s), which—

(a) are intended for gift, sale, exchange, or trade; or

(b) are being landed for any other person; or

(c) are not

*my

own bona fide personal effects.

our

 

ALL GOODS NOT COMING UNDER THE DETERMINATION OF PERSONAL EFFECTS MUST BE SHOWN HERE.

§ Description of Articles.

Purchase Price.

Origin (Country where purchased).

 

 

 

If space is insufficient continue on separate sheet, which must be signed by passenger.)

§Where there are no goods to which this paragraph applies, write the word “NIL”.


*Delete whichever not applicable.

8. That

*I

have not in

*my

possession nor in

*my

baggage any cinematograph

we

our

our

films other than the following, viz.:—

9. That

*I

have in

*my

possession or in

*my

baggage English Bank Notes to the

we

our

our

value of £

10. That all the articles contained in the said baggage except those listed in paragraph 7 are

*my

our

bona fide personal effects for

*my

own use.

our

11. That no articles have been or are being landed surreptitiously by me or for me or by or for any person to whose baggage this declaration relates.

12. That nothing on

*my

part or on the part of any person on

*my

behalf has been done,

our

our

concealed, or suppressed whereby the Commonwealth may be defrauded of any duty that may be

due on any of the contents of

*my

baggage.

our

Signature of passenger

Declared before me at the

*port

of

aerodrome

this day of 19

Customs Officer.”.

Overview

The Customs Regulations Statutory Rules 1949, No. 34, was enacted to amend existing regulations and introduce new provisions to streamline customs procedures in Australia. This legislative instrument is designed to enhance the efficiency and effectiveness of customs operations by updating outdated rules and addressing gaps in the regulatory framework. It was enacted by the Commonwealth of Australia under the authority of the Customs Act 1901-1947. The primary policy objective of these amendments is to ensure that customs processes are contemporary and capable of dealing with modern trade requirements, while also maintaining the integrity of Australia's customs border. The changes focus on clarifying definitions, updating goods classifications, and improving the declaration process for passengers, thereby facilitating smoother trade and travel while ensuring compliance with customs regulations.

Scope and Application

The Customs Regulations, as outlined in Statutory Rules 1949, No. 34, apply to all individuals and entities involved in the importation and exportation of goods in Australia. This includes both individuals, such as passengers, and corporate entities that are engaged in the trade of goods. The regulations govern various aspects of the customs process, including the declaration of goods, the payment of duties, and the inspection of baggage. The geographic reach of these regulations is national, applying uniformly across the Commonwealth of Australia. There are specific exclusions and exemptions within the regulations, such as the exemption for married women and children under the age of eighteen from making a passenger’s baggage declaration if they are travelling with their parents or guardians. Furthermore, certain subordinate instruments may extend or restrict the application of these regulations, thereby providing additional layers of governance and enforcement within the customs framework.

Key Provisions

The Customs Regulations, as amended, primarily focus on the classification and declaration of goods, including personal effects, when entering Australia. Regulation 24 (1) now permits the declaration of all goods, removing the previous restriction on dutiable goods (Regulation 4). The regulations also clarify that certain goods, such as extracts and articles manufactured from timber, fall under specific classifications (Regulation 71 and 73). Regulation 110 sets out the allowance for certain tobacco products, with a limit of 4 ounces for each 40 pounds of net weight, but not exceeding 1 pound from any single shipment (Regulation 110(1)(g)). The amendment to the Schedule, specifically Form 5a, mandates that all passengers, except those exempt, such as married women travelling with their husbands and children under eighteen travelling with their parents or guardians, must complete a passenger’s baggage declaration (Regulation 24). The obligations under the Customs Regulations require passengers to declare all items in their possession, particularly those intended for gift, sale, exchange, or trade, or those not being landed for their own use (Regulation 24). Passengers must also detail any cinematograph films and English Bank Notes exceeding £10, ensuring all goods are accurately described, including their purchase price and origin (Regulation 24(7) and 8). The declaration must be truthful, ensuring no goods are landed surreptitiously or any attempt to defraud the Commonwealth of duty (Regulation 24(11) and 12). Breaches of the Customs Regulations can result in significant penalties. Individuals found guilty of making false statements or declarations, or attempting to smuggle goods, can face substantial fines and imprisonment. The maximum penalties for serious offences, such as fraud or smuggling, can extend to five years in prison, reflecting the seriousness with which the Australian authorities treat violations of these regulations (Section 188, Customs Act 1901). The penalties underscore the importance of compliance and the potential severe consequences for non-compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.