Customs Regulations (Amendment)

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Legislation au F1996B03959 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1959. No. 106.

—————

REGULATIONS UNDER THE CUSTOMS ACT 1901-1959.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1959.

Dated this 18th day of December, 1959.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

(Sgd.) Denham Henty

Minister of State for Customs and Excise.

————

AMENDMENTS OF THE CUSTOMS REGULATIONS.†

1. These Regulations shall come into operation on the first day of January, 1960.

2. Regulations 5 to 14 (inclusive) of the Customs Regulations and the heading immediately preceding regulation 5 of those Regulations are repealed and the following heading and regulations inserted in their stead:—

“LICENCES TO CARRY GOODS.

“5. In regulations 6 to 13 (inclusive) of these Regulations, ‘licence’ means a licence to carry goods which are subject to the control of the Customs.

“6. An application for a licence shall be furnished to a Collector in writing.

“7. A licence shall be in accordance with Form 58.

“8. An application for the renewal of a licence—

(a) shall be furnished to a Collector in writing not less than fourteen days before the date of expiry of the licence; and

(b) shall be accompanied by the licence.

“9. A Collector shall, upon renewing a licence—

(a) enter on the licence particulars of the renewal and of the date to and including which he has renewed the licence;

(b) sign his name in relation to that entry; and

(c) return the licence to the licensee.

 

* Notified in the Commonwealth Gazette on 23rd December, 1959.

† Statutory Rules 1926, No. 203, as amended by Statutory Rules 1927, Nos. 17, 95 and 121; 1928, Nos. 47, 57, 74 and 95; 1929, Nos. 25, 56 and 127; 1930, Nos. 91, 138 and 140; 1931, Nos. 16, 42 and 90; 1932, No. 90; 1933, Nos. 21, 105, 106 and 129; 1934, Nos. 109 and 127; 1935, Nos. 1, 41, 69 and 113; 1936, Nos. 49 and 163; 1938, No. 111; 1939, No. 157; 1940, Nos. 203 and 256; 1946, Nos. 127 and 161; 1947, Nos. 29, 83, 94 and 152; 1948, No. 156; 1949, Nos. 34, 78, 95 and 111; 1950, No. 17; 1951, Nos. 34, 38, 71, 99, 106, 109 and 159; 1952, No. 96; 1953, No. 102; 1954, No. 21; 1955, Nos. 15, 32 and 66; 1956, Nos. 71, 83, 91 and 127; 1957, Nos. 57 and 76; and 1958, No. 86.

9310/59.—PRICE 3D. 9/8.12.1959.


“10.—(1.) The fee for the grant or renewal of a licence is Five pounds.

(2.) The fee for the grant or renewal of a licence shall be furnished to a Collector with the application for the grant or renewal, as the case may be, of the licence.

“11.—(1.) For the purposes of section 20 of the Act, the conditions subject to which a licence is granted are—

(a) that the licensee does not carry goods subject to the control of the Customs in a carriage under the control of the licensee unless the name of the licensee is prominently, legibly and indelibly painted on the carriage;

(b) that the licensee does not carry goods subject to the control of the Customs in a boat or lighter under the control of the licensee unless a distinctive name is prominently, legibly and indelibly painted on the boat or lighter; and

(c) that, where any goods subject to the control of the Customs are being carried by the licensee to a place in a carriage, boat or lighter under the control of the licensee, the licensee conveys the goods to that place as quickly as practicable and by the most direct route and delivers the goods to the proper officer at that place.

“(2.) For the purposes of paragraph (b) of the last preceding sub-regulation, a reference to a distinctive name, in relation to a boat or lighter used for the carriage of goods at a port in a State or Territory of the Commonwealth, shall be read as including a reference to a number, or a letter or letters followed by a number, that is the registered or other distinguishing number of the boat or lighter for the purposes of a law in force in the State or Territory.

“12. A licensee shall not contravene or fail to comply with a condition of his licence.

Penalty: Fifty pounds.

“13. Where any goods subject to the control of the Customs are being conveyed to a place in a carriage, boat or lighter that is under the control of the holder of a licence, the person in actual charge of the carriage, boat or lighter shall proceed to that place as quickly as practicable and by the most direct route and shall deliver the goods to the proper officer at that place.

Penalty: Twenty pounds.”.

3. Forms 58 and 59 in the Schedule to the Customs. Regulations are repealed and the following form is inserted in their stead:—

FORM 58.

AUSTRALIAN CUSTOMS. Sec. 20.

LICENCE TO CARRY GOODS. Reg. 7.

In pursuance of section 20 of the Customs Act 1901-1959, the Collector of Customs for the State of hereby licenses              of              to carry, in carriages, boats and lighters under his control, goods which are subject to the control of the Customs.

This licence is granted for the period commencing on the day of 19 , and ending on the thirty-first day of December, 19              , but may be renewed for successive periods of twelve months.

This licence is subject to the conditions that are, from time to time, prescribed by the Customs Regulations for the purposes of section 20 of the Customs Act 1901-1959 and to the additional conditions (if any) specified hereunder.

ADDITIONAL CONDITIONS.

Dated this day of , 19 .

Collector of Customs.

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By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1959 No. 106, titled "Regulations Under the Customs Act 1901-1959," was enacted to amend the Customs Regulations concerning the licensing of individuals and entities to carry goods subject to customs control. The Governor-General, acting on the advice of the Federal Executive Council, issued these regulations, which came into effect on January 1, 1960. The Customs Act 1901-1959 provided the legislative framework for these amendments, aiming to streamline and formalise the licensing process for transporting goods under customs control, ensuring compliance with specific conditions and penalties for non-compliance. These regulations specifically addressed the replacement of previous regulations and forms, updating the licensing requirements and conditions to better align with contemporary customs practices and enforcement needs.

Scope and Application

The Customs Regulations under the Customs Act 1901-1959, as amended by Statutory Rules 1959 No. 106, pertain to the licensing of individuals and entities who wish to carry goods that are subject to customs control in various means of transport, including carriages, boats, and lighters. The regulations apply to any person or entity seeking to transport such goods within the territorial limits of Australia, as defined by the Commonwealth. The licensing process requires written applications and renewals to be submitted to a Collector of Customs, with specific conditions that must be adhered to, such as prominently displaying the licensee's name or a distinctive identifier on the transport vehicles. The regulations also outline fees for licence grants or renewals and impose penalties for non-compliance. The geographic scope of these regulations is national, applying uniformly across all states and territories of Australia. There are no exclusions or exemptions specified in these regulations, and they may be further extended or restricted by subordinate instruments as needed.

Key Provisions

The Customs Regulations, as amended by Statutory Rules 1959, No. 106, introduce several key provisions related to the licensing and control of goods subject to Customs regulations. The Regulations, which came into effect on 1 January 1960, replace previous regulations and establish new requirements for obtaining and maintaining a licence to carry such goods. Specifically, regulations 5 to 14 of the Customs Regulations have been repealed and replaced with new provisions governing the licensing process (regulations 5 to 13) and the form of the licence (regulation 14). Under these Regulations, an application for a licence must be submitted in writing to a Collector of Customs (regulation 6). The licence itself must adhere to Form 58, as specified in regulation 7. Renewals of licences must also be submitted in writing to a Collector, with the existing licence, no less than fourteen days before the expiry date (regulation 8). Upon renewal, the Collector is required to enter the details of the renewal, sign the licence, and return it to the licensee (regulation 9). The fee for the grant or renewal of a licence is set at Five pounds, which must be submitted with the application (regulation 10). The Regulations impose specific obligations on licensees to ensure compliance with Customs control over goods. These include prominently displaying the licensee's name on any carriage, boat, or lighter used to transport goods subject to Customs control (regulation 11(a)), displaying a distinctive name on any boat or lighter (regulation 11(b)), and ensuring the swift and direct transport of goods to their destination, followed by their delivery to the proper officer (regulation 11(c)). A licensee must not contravene or fail to comply with any condition of their licence, with a penalty of Fifty pounds for any breach (regulation 12). In addition to the licensee's responsibilities, the Regulations impose a duty on the person in actual charge of any carriage, boat, or lighter transporting goods subject to Customs control. This person must also ensure the swift and direct transport of the goods to their destination and their delivery to the proper officer, with a penalty of Twenty pounds for non-compliance (regulation 13). These provisions aim to ensure that goods subject to Customs control are transported in a manner that facilitates oversight and compliance with relevant regulations.

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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.