Customs Regulations (Amendment)

Legislation au C1924L00083 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1924. No. 83.

 

REGULATIONS UNDER THE CUSTOMS ACT 1901–1923.

(Nineteenth Amendment.)

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 1901–1923, to come into operation forthwith.

Dated this fifth day of June, 1924.

FORSTER.

Governor-General.

By His Excellency’s Command,

LITTLETON E. GROOM,

Minister of State for Trade and Customs.

 

Amendment of Customs Regulations 1922.

(Statutory Rules 1922, No. 24, as amended to this date.)

Forms 1, 1a, 4, 5, 15, 20, 21, 22, 24 and 33 of the Schedule to the Customs Regulations 1922, are cancelled, and the following forms inserted in their stead:—

Regs. 3 and 3a. FORM 1.

THE COMMONWEALTH OF AUSTRALIA.

Wharfs: Security to the Customs.

By this Security the subscribers are, pursuant to the Customs Act 1901–1923, bound to the Customs of the Commonwealth of Australia in the sum of subject only to this condition that if—

1. All goods and packages subject to the control of the Customs which at any time during the continuance of this Security are landed from or to be shipped upon any vessel belonging to or under the control of                                          , or for which the                            said is agent, and are upon or at any wharf at the port of                                          in the State of                                          are—

(a) safely and securely kept upon or at the said wharf until such goods and packages are moved there from by authority within the meaning of the said Act, and in accordance with the said Act, or cease to be subject to the control of the Customs; and

(b) whilst upon or at the said wharf dealt with in all respects in accordance with the said Act, and any amendment thereof, to the satisfaction of the Collector of Customs for the said State; and

2. Whenever and as often as—

(a) any goods which according to any invoice or other commercial document received by an owner within the meaning of the said Act of any such package as aforesaid were or should have been contained in such package; and

C.5408.—Price 5D.


(b) such goods are not contained in the package when or at any time before the package is moved from the said wharf in manner aforesaid;

the subscribers prove to the satisfaction of the said Collector that such goods were not in fact contained in the package at the time when the package came upon or to the said wharf;

then this Security shall be thereby discharged.*

And it is agreed that for the purpose of this Security “wharf” includes any shed, store, lands or premises attached or adjacent to a wharf, and used for the storage of goods in connexion with the wharf.

Dated at the day of , 19 .

Names and Descriptions of Subscribers.

Signatures of Subscribers.

Signatures and Addresses of Witnesses.

 

 

 

*Note.—If liability is not intended to be joint and several and for the full amount, here state what is intended, as, for example, thus:—“The liability of the subscribers is joint only”, or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.

 

Regs. 3 and 3a. FORM 1a.

THE COMMONWEALTH OF AUSTRALIA.

Wharfs: Security to the Customs.

By this Security the subscribers are, pursuant to the Customs Act 1901–1923, bound to the Customs of the Commonwealth of Australia in the sum of                            subject only to this condition that if—

1. All goods and packages subject to the control of the Customs which at any time during the continuance of this Security are upon or at the wharf known as                                          Wharf at the Port of                                          in the State of                                          are—

(a) safely and securely kept upon or at the said wharf until such goods and packages are moved therefrom by authority within the meaning of the said Act and in accordance with the said Act or cease to be subject to the control of the Customs; and

(b) whilst upon or at the said wharf dealt with in all respects in accordance with the said Act and any amendment thereof to the satisfaction of the Collector of Customs for the said State; and

2. Whenever and as often as—

(a) any goods which according to any invoice or other commercial document received by an owner within the meaning of the said Act of any such package as aforesaid were or should have been contained in such package; and

(b) such goods are not contained in the package when or at any time before the package is moved from the said wharf in manner aforesaid;

the subscribers prove to the satisfaction of the said Collector that such goods were not in fact contained in the package at the time when the package came upon or to the said wharf;

then this Security shall be thereby discharged.


And it is agreed that for the purpose of this Security “wharf” includes any shed, store, lands or premises attached or adjacent to the wharf and used for the storage of goods in connexion with the wharf.

Dated at the day of , 19 .

Names and Descriptions of Subscribers.

Signatures of Subscribers.

Signatures and Addresses of Witnesses.

 

 

 

*Note.—If liability is not intended to be joint and several and for the full amount, here state what is intended, as for example, thus:—“The liability of the subscribers is joint only”, or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.

 

Reg. 11. FORM 4.

THE COMMONWEALTH OF AUSTRALIA.

Licensed Carriage: Security to the Customs.

By this Security the subscribers are, pursuant to the Customs Act 1901–1923, bound to the Customs of the Commonwealth of Australia in the sum of subject only to this condition that if—

1. Each carriage of which    of                                                            is the owner and in respect of which a carriage licence has been applied for or issued under the said Act is not at any time during the continuance of this Security used in connexion with a contravention of the said Act or any amendment thereof; and

2. Every provision of the said Act or any amendment thereof relating to licensed carriages or which ought to be complied with in relation to licensed carriages is at all times during the continuance of this Security complied with to the satisfaction of the Collector of Customs for the State in which the carriage may be; and

3. All goods and packages subject to the control of the Customs which at any time are upon or in any such licensed carriage are safely and securely kept and dealt with in all respects in accordance with the said Act to the satisfaction of the said Collector; and

4. Whenever and as often as—

(a) Any goods which according to any invoice or other commercial document received by an owner within the meaning of the said Act of any such package as aforesaid were or should have been contained in the package; and

(b) such goods are not contained in the package when or at any time before the package is delivered from the carriage;

the subscribers prove to the satisfaction of the said Collector that such goods were not in fact contained in the package at the time when the package came upon or into the carriage;

then this Security shall be thereby discharged.*

Dated at the day of , 19 .

Names and Descriptions of Subscribers.

Signatures of Subscribers.

Signatures and Addresses of Witnesses.

 

 

 

*Note.—If liability is not intended to be joint and several and for the full amount, here state what is intended, as for example, thus:—“The liability of the subscribers is joint only”, or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.


Reg. 12. FORM 5.

THE COMMONWEALTH OF AUSTRALIA.

Licensed Boat or Lighter: Security to the Customs.

By this Security the subscribers are, pursuant to the Customs Act 1901–1923, bound to the Customs of the Commonwealth of Australia in the sum of              subject only to this condition that if—

1. Each boat or lighter of which      of                                                          is the owner and in respect of which a boat or lighter licence has been applied for or issued under the said Act is not at any time during the continuance of this Security used in connexion with a contravention of the said Act or any amendment thereof; and

2. Every provision of the said Act or any amendment thereof relating to licensed boats or lighters or which ought to be complied with in relation to licensed boats or lighters is at all times during the continuance of this Security complied with to the satisfaction of the Collector of Customs for the State in which the boat or lighter may be; and

3. All goods and packages subject to the control of the Customs which at any time are upon or in any such licensed boat or lighter are safely and securely kept and dealt with in all respects in accordance with the said Act to the satisfaction of the said Collector; and

4. Whenever and as often as—

(a) any goods which according to any invoice or other commercial document received by an owner within the meaning of the said Act of any such package as aforesaid were or should have been contained in the package; and

(b) such goods are not contained in the package when or at any time before the package is delivered from the boat or lighter;

the subscribers prove to the satisfaction of the said Collector that such goods were not in fact contained in the package at the time when the package came upon or into the boat or lighter;

then this Security shall be thereby discharged.*

Dated at the day of , 19 .

Names and Descriptions of Subscribers.

Signatures of Subscribers.

Signatures and Addresses of Witnesses.

 

 

 

*Note.—If liability is not intended to be joint and several and for the full amount, here state what is intended, as, for example, thus :—“The liability of the subscribers is joint only”, or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.


Reg. 41. FORM 15.

THE COMMONWEALTH OF AUSTRALIA.

Transhipment (Single Transaction): Security to the Customs.

By this Security the subscribers are, pursuant to the Customs Act 1901–1923, bound to the Customs of the Commonwealth of Australia in the sum of               subject only to this condition that if—

1. All the goods and packages specified in the Schedule hereunder and in respect of which Transhipment Entry dated                                                                                                                has been made by or on behalf of                                                                      at                                                                      in the State of                                                        are—

(a) duly dealt with in accordance in all respects with the Transhipment Entry and with the said Act and any amendment thereof to the satisfaction of the Collector of Customs for the said State; and

(b) safely and securely kept until shipped in accordance with the said Transhipment Entry; and

2. Whenever and as often as—

(a) any goods which according to any in voice or other commercial document received by an owner within the meaning of the said Act of any such package as aforesaid were or should have been contained in such package; and

(b) such goods are not contained in the package when or at any time before the package is shipped in accordance with the said Transhipment Entry;

the subscribers prove to the satisfaction of the said Collector that such goods were not in fact contained in the package at the time when the said Transhipment Entry was made;

then this Security shall be thereby discharged.*

Schedule.

Dated at the day of , 19 .

Names and Descriptions of Subscribers.

Signatures of Subscribers.

Signatures and Addresses of Witnesses.

 

 

 

*NOTE.—If liability is not intended to be joint and several and for the full amount, here state what is intended, as for example, thus:—“The liability of the subscribers is joint only”, or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.


Reg. 46. FORM 20.

THE COMMONWEALTH OF AUSTRALIA.

Transit Permit (Single Transaction): Security to the Customs.

By this Security the subscribers are, pursuant to the Customs Act 1901–1923, bound to the Customs of the Commonwealth of Australia in the sum of              subject only to this condition that if—

1. All the goods and packages specified in the Schedule hereunder and for the unshipping and transfer of which to the port of                                                                                                  Transit Permit dated                                                                                                                              has been issued to                                                                      at                                                                      in the State of                                                                      are—

(a) duly dealt with in accordance in all respects with the Transit Permit and with the said Act and any amendment thereof to the satisfaction of the Collector of Customs for the said State; and

(b) within a reasonable time duly transferred to and delivered at the said port and until so delivered are at all times safely and securely kept; and

2. Whenever and as often as—

(a) any goods which according to any in voice or other commercial document received by an owner within the meaning of the said Act of any such package as aforesaid were or should have been contained in such package; and

(b) such goods are not contained in the package when or at any time before the package is delivered at the said port;

the subscribers prove to the satisfaction of the said Collector that such goods were not in fact contained in the package at the time when the package was unshipped pursuant to the Transit Permit;

then this Security shall be thereby discharged.*

——

Schedule.

Dated at the day of , 19 .

Names and Descriptions of Subscribers.

Signatures of Subscribers.

Signatures and Addresses of Witnesses.

 

 

 

*NOTE If liability is not intended to be joint and several and for the full amount, here state what is intended, as for example, thus :—“The liability of the subscribers is joint only”, or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability of mode of ascertaining limit)”.


Reg. 46. FORM 21.

THE COMMONWEALTH OF AUSTRALIA.

Transit Permit (Period): Security to the Customs.

By this Security the subscribers are, pursuant to the Customs Act 1901–1923, bound to the Customs of the Commonwealth of Australia, in the sum of               subject only to this condition that if—

1. All goods and packages for the unshipping and transfer of which a Transit Permit is at any time before the                                                                      day of                                          19              issued to                                                                      at                                                                      in the State of                                          are—

(a) duly dealt with in accordance in all respects with the Transit Permit and with the said Act and any amendment thereof to the satisfaction of the Collector of Customs for the said State; and

(b) within a reasonable time duly transferred to and delivered at the port to which they are to be so transferred and until so delivered are at all times safely and securely kept; and

2. Whenever and as often as—

(a) any goods which according to any invoice or other commercial document received by an owner within the meaning of the said Act of any such package as aforesaid were or should have been contained in such package; and

(b) such goods are not contained in the package when or at any time before the package is delivered at the port to which it is to be so transferred;

the subscribers prove to the satisfaction of the said Collector that such goods were not in fact contained in the package at the time when the package was unshipped pursuant to the Transit Permit;

then this Security shall be thereby discharged.*

Dated at the day of , 19 .

Names and Descriptions of Subscribers.

Signatures of Subscribers

Signatures and Addresses of Witnesses.

 

 

 

*Note.—If liability is not intended to be joint and several and for the full amount, here state what is intended, as, for example, thus:—“The liability of the subscribers is joint only”, or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.


Regs. 41, 46, 84, 89, 157. FORM 22.

THE COMMONWEALTH OF AUSTRALIA.

General Shipping: Security to the Customs.

By this Security the subscribers are, pursuant to the Customs Act 1901–1923, bound to the Customs of the Commonwealth of Australia in the sum of              subject only to this condition that if—

1. Whenever and as often as    of    whether as owner or as agent for the owner and whether personally or by any Customs sub-agent of whom he is Head Agent within the meaning of the said Act during the period ending on                             the day                                          of 19              —

(a) makes an entry for the exportation or transshipment or removal coastwise or inland or removal locally to a warehouse of; or

(b) obtains a Transit Permit for—

any goods or packages subject to the control of the Customs, all such goods and packages are dealt with in all respects in accordance with the entry made or permit obtained therefor and with the said Act and any amendment thereof to the satisfaction of the Collector of Customs for the said State; and

2. All such goods and packages are at all times safely and securely kept until exported shipped or delivered in accordance with the entry made or permit obtained therefor; and

3. Whenever and as often as—

(a) any goods which according to any invoice or other commercial document received by an owner within the meaning of the said Act of any such package as aforesaid were or should have been contained in such package; and

(b) such goods are not contained in the package when or at any time before the package is exported shipped or delivered in accordance with the entry made or permit obtained therefor;

the subscribers prove to the satisfaction of the said Collector that such goods were not in fact contained in the package at the time when the entry was made or the permit obtained therefor;

then this Security shall be thereby discharged.*

Dated at the day of , 19 .

Names and Descriptions of Subscribers.

Signatures of Subscribers.

Signatures and Addresses of Witnesses.

 

 

 

*Note.—If liability is not intended to be joint and several and for the full amount, here state what is intended, as, for example, thus:—“The liability of the subscribers is joint only”, or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.


Reg. 49. FORM 24.

THE COMMONWEALTH OF AUSTRALIA.

Licensed Warehouses: Security to the Customs.

By this Security the subscribers are, pursuant to the Customs Act 1901–1923, bound to the Customs of the Commonwealth of Australia in the sum of              subject only to this condition that if—

1. The provisions of the said Act and any amendment thereof are at all times during the continuance of this Security complied with to the satisfaction of the Collector of Customs for the State of—

Here insert class of warehouse.

(a) in respect of the

1

2

3

4

warehouse situate

at  in the said State and known as    ; and

(b) in respect of all goods and packages subject to the control of the Customs at any time in or at the said warehouse; and

(c) by     , of   , as licensee of the said warehouse; and

2. All goods and packages subject to the control of the Customs at any time in or at the said warehouse are at all times safely and securely kept in the warehouse until moved therefrom by authority within the meaning of the said Act and in accordance with the said Act; and

3. Whenever and as often as—

(a) any goods which according to any invoice or other commercial document received by an owner within the meaning of the said Act of any such package as aforesaid were or should have been contained in such package; and

(b) such goods are not contained in the package when or at any time before the package is moved from the warehouse as aforesaid;

the subscribers prove to the satisfaction of the said Collector that such goods were not in fact contained in the package at the time when the package was received into or at the warehouse;

then this Security shall be thereby discharged.*

Dated at the day of , 19              .

Names and Descriptions of Subscribers.

Signatures of Subscribers.

Signatures and Addresses of Witnesses.

 

 

 

*Note.—If liability is not intended to be joint and several and for the full amount, here state what is intended, as for example, thus:—“The liability of the subscribers is joint only”, or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.


Regs, 84 and 89. FORM 33.

THE COMMONWEALTH OF AUSTRALIA.

Removal from Warehouse (Single Transaction): Security to the Customs.

By this Security the subscribers are, pursuant to the Customs Act 1901–1923, bound to the Customs of the Commonwealth of Australia in the sum of               subject only to this condition that if—

1. All the goods and packages specified in the Schedule hereunder and in respect of which an entry dated the                                                        day of                                          , 19 , has been made by or on behalf of                                                        , at                                                        , in the State of                                                                      , for exportation or removal from a warehouse to                                                                      are—

(a) duly dealt with in accordance in all respects with the said entry and with the said Act and any amendment thereof to the satisfaction of the Collector of Customs for the said State; and

(b) safely and securely kept until shipped or delivered in accordance with the said entry; and

2. Whenever and as often as—

(a) any goods which according to any invoice or other commercial document received by an owner within the meaning of the said Act of any such package as aforesaid were or should have been contained in such package; and

(b) such goods are not contained in the package when or at any time before the package is shipped or delivered in accordance with the said entry;

the subscribers prove to the satisfaction of the said Collector that such goods were not in fact contained in the package at the time when the said entry was made;

then this Security shall be thereby discharged.*

——

Schedule.

Dated at the day of , 19 .

Names and Descriptions of Subscribers.

Signatures of Subscribers.

Signatures and Addresses of Witnesses.

 

 

 

*Note.—If liability is not intended to be joint and several and for the full amount, here state what is intended, as, for example, thus :—“The liability of the subscribers is joint only”, or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Statutory Rules of 1924 No. 83, Regulations under the Customs Act 1901–1923 (Nineteenth Amendment), were enacted by the Governor-General in Council to amend the Customs Regulations 1922. These regulations were introduced to address the need for updated and standardised forms for various customs-related securities and bonds, ensuring compliance with the Customs Act 1901–1923 and its amendments. The forms cover a range of scenarios, including wharf security, licensed carriage, licensed boat or lighter security, transhipment, transit permits, general shipping, licensed warehouses, and removal from warehouses. The objective of these regulations is to facilitate the administration of customs duties and to provide a framework for the security of goods and packages in various customs-related transactions.

Scope and Application

The Regulations under the Customs Act 1901–1923 apply to various entities and individuals involved in the importation, exportation, and transit of goods across Australia’s borders. These include wharfingers, licensed carriage operators, boat and lighter owners, warehouse licensees, and others who deal with goods subject to customs control. The geographic reach of these Regulations is national, applying to all states and territories within the Commonwealth of Australia. The Regulations provide for the cancellation of certain forms and the introduction of new forms that require security to be provided to the Customs for compliance with customs laws. The security is contingent upon the entities and individuals adhering to the terms of the Customs Act 1901–1923, including the secure storage and proper handling of goods, as well as compliance with all relevant customs provisions. The liability of subscribers under these securities can be specified to be joint and several or limited to a certain amount, as noted in the respective forms. These Regulations may be extended or further defined through subordinate instruments issued under the authority of the Customs Act 1901–1923.

Key Provisions

The Regulations under the Customs Act 1901–1923 (Cth), as amended by the 19th Amendment, primarily involve the replacement and amendment of certain forms used in customs operations. These forms include Wharfs (Forms 1 and 1a), Licensed Carriage (Form 4), Licensed Boat or Lighter (Form 5), Transhipment (Single Transaction) (Form 15), Transit Permit (Single Transaction) (Form 20), Transit Permit (Period) (Form 21), General Shipping (Form 22), Licensed Warehouses (Form 24), and Removal from Warehouse (Single Transaction) (Form 33). Each form serves as a security to the Customs, binding the subscribers to comply with the Customs Act and its amendments. The subscribers must ensure that goods and packages subject to customs control are kept securely and dealt with according to the Act, and they must prove to the Collector of Customs that any discrepancies in the contents of packages are not due to their fault. These regulations impose specific obligations on the parties involved. They must ensure that goods and packages are kept securely at designated locations such as wharfs, warehouses, carriages, and boats or lighters, and that they comply with all provisions of the Customs Act. This includes making accurate entries for the exportation, transshipment, or removal of goods, and obtaining necessary permits. The subscribers must also ensure that goods are dealt with in accordance with the Act and any amendments, and that they can prove to the Collector of Customs that discrepancies in package contents are not due to their negligence. Breaches of the obligations under these regulations can lead to various penalties and consequences. While the specific penalties are not detailed in the text, it is understood that failure to comply with the Customs Act and its amendments can result in criminal or civil liability. The exact nature and severity of these penalties would be determined by the relevant provisions of the Customs Act and any applicable case law. The subscribers are bound to the Customs in a specified sum, which serves as a guarantee that they will fulfill their obligations under the security. If they fail to do so, they may be held liable for the full amount of the security.

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