Customs Regulations (Amendment)

Overview

The Statutory Rules 1938, No. 111, is a legislative instrument made under the Customs Act 1901-1936, enacted to address the need for specific regulations concerning the storage of reserve stocks of imported raw cotton. This regulation was introduced to provide a structured fee for the use of private warehouses designated for storing such materials. The enacting body responsible for this regulation is the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary objective of this regulation is to ensure that the fees associated with private warehouses used for storing imported raw cotton, specifically for cotton-spinning purposes, are clearly defined and systematically collected. By inserting Regulation 53b, the regulation sets a specific annual fee of Five Pounds for licensees who store reserve stocks of imported raw cotton on their premises.

Scope and Application

The Customs Regulations 1938, made under the authority of the Customs Act 1901-1936, provide specific amendments concerning fees payable by licensees of private warehouses. This regulation applies to licensees of private warehouses that are situated on their premises and are used exclusively for storing reserve stocks of imported raw cotton intended for the licensee’s cotton-spinning operations. The fee specified in the regulation is five pounds per annum, providing a structured charge for this particular use of private warehousing facilities. The regulation is applicable within the Commonwealth of Australia and is designed to address the storage needs of specific industrial activities, namely those involved in the cotton-spinning industry. There are no stated exclusions, exemptions, or thresholds in this particular regulation, though the application may be extended or restricted through subsequent subordinate instruments or amendments to the Customs Regulations.

Key Provisions

The Customs Regulations (Statutory Rules 1938, No. 111) introduce a new regulation under section 53b (subsections a and b) of the Customs Regulations. This regulation stipulates that the annual fee payable by a licensee of a private warehouse, which is located on the licensee’s premises and used exclusively for storing reserve stocks of imported raw cotton intended for the licensee's own cotton-spinning activities, shall be set at Five pounds per annum. This amendment aims to provide a specific fee structure for such private warehouses, ensuring clarity and consistency in the regulatory framework governing these entities. The introduction of section 53b imposes specific obligations on licensees of private warehouses that meet the criteria outlined in the regulation. These licensees must ensure that their warehouses are used solely for storing reserve stocks of imported raw cotton intended for their own cotton-spinning purposes. Additionally, they are required to pay the specified annual fee of Five pounds to maintain their license and comply with the terms set forth in the Customs Regulations. Failure to adhere to these obligations could result in penalties or the revocation of the license. For licensees who fail to comply with the provisions of section 53b, there are potential civil and criminal consequences. While the specific penalties are not detailed within the regulation, breaches of customs regulations generally attract fines and other sanctions. For instance, under the broader Customs Act, penalties for non-compliance can include substantial fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties for such offences would be determined by the courts, taking into account the specific circumstances of the case.