Customs Regulations (Amendment)

Administered by Attorney-General's Department

Legislation au F1996B03935 Regulations Not in force Legislative Instrument

Legislation content

Statutory Rules 1949, No. 78.(b)

1. Regulation 32 of the Customs Regulations is amended by inserting in sub-regulation (1.), after the word “by” (second occurring), the words “, or in the possession of,”.

2.—(1.) Regulation 108a of the Customs Regulations is repealed and the following regulations are inserted in its stead :—

108a. The following aircraft’s stores may be used by the passengers and crew or for the service of the aircraft before the departure of the aircraft from her last port of departure in the Commonwealth:—

(a) stores of an aircraft of an Australian airline operating overseas;

(b) stores of an aircraft of an airline of a country granting a reciprocal concession to aircraft of an Australian airline, to the extent of that concession; and

(c) stores upon which it would, in the opinion of the Comptroller-General, be uneconomical to collect duty.

“108b. Ships’ stores, except spirituous liquors, tobacco, tobacco products and snuff, may be used by the passengers and crew and for the service of the ship before the departure of the ship from her last port of departure in the Commonwealth.”.

(2.) This regulation shall be deemed to have come into operation on the eighth day of September, 1949.

3. Form 3 in the Schedule to the Customs Regulations is repealed and the following form inserted in its stead:—

(b) Made under the Customs Act 1901-1947 on 6th October, 1949 notified in the Gazette on 13th October, 1949.

 

“Form 3.

Reg. 32.

AUSTRALIAN CUSTOMS-STORE LIST.

 

Ship From

Master

Agents

 

 

Arrived at the port of

on the

day of

 

19 .

 

Dutiable Goods.

column 1.

Column 2.

column 3.

Quantities on Board on Arrival at First Australian Port.

Quantities Remaining on Board on Departure from Final Australian Port.

Quantities Consumed in Australian Waters.

Australian Produce or Manufacture.

United Kingdom.

Other (Country of origin to be stated.)

Australian Produce or Manufacture.

United Kingdom.

Other (Country of origin to be stated.)

Australian Produce or Manufacture.

United Kingdom.

Other (Country of origin to be stated.)

Beer, bottled (quarts).................No.

 

 

 

 

 

 

 

 

 

Beer, bottled (pints)..................No.

 

 

 

 

 

 

 

 

 

Beer, other..................No. and sizes

 

 

 

 

 

 

 

 

 

Cider, bottled (quarts).................No.

 

 

 

 

 

 

 

 

 

Cider, bottled (pints).................No.

 

 

 

 

 

 

 

 

 

Stout, bottled (quarts).................No.

 

 

 

 

 

 

 

 

 

Stout, bottled (pints)..................No.

 

 

 

 

 

 

 

 

 

Bitters, bottles...............No. and sizes

 

 

 

 

 

 

 

 

 

Brandy, bottles...............No. and sizes

 

 

 

 

 

 

 

 

 

Geneva and Gin, bottles.........No. and sizes

 

 

 

 

 

 

 

 

 

Limejuice and other Fruit

 

 

 

 

 

 

 

 

 

Juices and Fruit Syrups,

 

 

 

 

 

 

 

 

 

Spirituous, in bottles.........No. and sizes

 

 

 

 

 

 

 

 

 

Liqueurs, bottles..............No. and sizes

 

 

 

 

 

 

 

 

 

Rum, bottles.................No. and sizes

 

 

 

 

 

 

 

 

 

Whisky, bottles...............No. and sizes

 

 

 

 

 

 

 

 

 

Spirits, potable (other than

above) in bottles or bulk.......No. and sizes

 

 

 

 

 

 

 

 

 

Wines, Sparkling (quarts)..............No.

 

 

 

 

 

 

 

 

 

Wines, Sparkling (pints)...............No.

 

 

 

 

 

 

 

 

 

Wines, Sparkling (½-pints).............No.

 

 

 

 

 

 

 

 

 

Wines, Still (quarts)..................No.

 

 

 

 

 

 

 

 

 

Wines, Still (pints)...................No.

 

 

 

 

 

 

 

 

 

Wines, Still (bulk)..................Gals.

 

 

 

 

 

 

 

 

 

Snuff............................lb.

 

 

 

 

 

 

 

 

 

Tobacco, manufactured, n.e.i.............lb.

 

 

 

 

 

 

 

 

 

Tobacco, cut, n.e.i....................lb.

 

 

 

 

 

 

 

 

 

Cigars...................No. and weight

 

 

 

 

 

 

 

 

 

Cigarettes.................No. and weight

 

 

 

 

 

 

 

 

 

 

“Form 3—continued.

Restricted Drugs.

Quantity on Board on Arrival at First Australian Port.

Quantity Remaining on Board on Departure from Final Australian Port.

Quantity Consumed for bona fide Medicinal Purposes in Australian Waters.

Tincture opii....................................................oz.

Battley’s or Fluid or Liq. Extract opii....................................oz.

Nepenthe......................................................oz.

Solid Extract opii.................................................oz.

Pulv. opii......................................................oz.

Morphine—Salts.................................................oz.

Morphine—Hypo. Tabs.............................................gr.

Omnepon preparations.............................................gr.

Cocaine—Salts..................................................oz.

Cocaine—Hypo. Tabs..............................................gr.

Diacetylmorphine (heroin)—Salts......................................oz.

Diacetylmorphine (heroin)—Hypo, Tabs.................................gr.

Other narcotic drugs (e.g., Codeine, Dionine, Pethidine, Indian Hemp Preparations, &c.)....

 

 

 

Note. —Dutiable stores, other than goods of Australian origin, shipped in Australia ‘ex Warehouse ‘or’ Under Drawback’ on previous voyages must be shown in Column above headed ‘Other’ or ‘United Kingdom’.

Dutiable stores of Australian origin shipped in Australia ‘Ex Warehouse’ or ‘Under Drawback’ on previous voyages must be shown in Column above headed ‘Australian produce or manufacture’ and marked ‘Excise’.

Declarations.

[The following declarations are to be made on arrival.]

I declare that the particulars shown above are a true and accurate statement of all the specified stores on board my vessel.

Master.

I declare that the particulars shown above relating to restricted drugs are a true account of all such drugs on board.

Ship’s Doctor.

Declared before me this day of 19 .

Collector.


Form 3— continued.

Entry Particulars.

Dutiable Stores Shipped in the Commonwealth.

Column 1.

Column 2.

Column 3.

Dutiable Stores Transhipped to another Vessel.

Goods ex Warehouse, under Drawback, or Transhipped from another Vessel.

Country of Origin.

Shipped.

Remaining.

Consumed.

Goods.

Quantity.

 

 

 

 

 

 

 

 

Declarations.

[The, following declarations are to be made at the last port of call in Australia.]

I declare that the particulars shown above are a true and accurate statement of all the dutiable stores and narcotic drugs remaining on board my vessel at the time of departure from the last port of call in Australia and of dutiable stores on which duty has not been paid, and narcotic drugs, consumed in the ports and off the coast of Australia between the ports of              and                            Master.

I declare that the particulars shown above relating to narcotic drugs are correct.

Ship’s Doctor.

Declared before me this day of 19 .”.


Form 5.

Reg. 32. AUSTRALIAN CUSTOMS.

Port of State of

List of Customable Articles, Opium, Cocaine and other Narcotic Drugs owned by or in the possession of the Master, Officers and Crew of the Ship

Master From

On 19 .

 

Articles Owned by or in the Possession of Master, Officers and Crew.

We, the Master, officers and members of the crew of the vessel , whose names, signatures or marks appear herein, declare that we have in our possession, respectively, the quantity of customable articles, opium, cocaine and other narcotic drugs, and no more, placed opposite our names, signatures or marks; and we severally undertake that neither these goods nor any portion thereof will be landed without authority of the Customs. The goods we now produce are to be placed under your seal if necessary.

Signature or Mark.

Number on Ship’s Articles.

Rank or Rating.

Tobacco.

Cigars.

Cigarettes.

Cigarette Tapers.

Cigarillos.

Biddies.

Potable Spirits.

Wines.

All other articles, including opium, cocaine and other narcotic drugs, perfumed spirits, cameras, wireless sets, musical instruments, binoculars, gramophones and records, typewriters, feathers, silk, wearing apparel, lace, silverware, jewellery, firearms, ammunition and dangerous weapons, whether intended to be landed in Australia or elsewhere.

Quantity, description and value to be stated; also in the case of wireless sets, cameras, binoculars, &c., maker’s name or brand and serial number.

 

 

 

Oz.

No.

No.

No. of Packets.

No.

No.

No. of Bottles and Size.

No. of Bottles and Size.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Form 5—continued.

Barber’s Stock and Stock in the Ship’s Shops or Canteens.

(Excluding Bar Stock, Being Ship’s Stores, in Charge of the Chief Steward.)

Signature.

Goods.

Country of Origin.

Column 1.

Column 2.

Column 3.

Stocks on Board on Arrival at First Australian Port.

Stocks Remaining on Board on Departure from Final Australian Port

Stocks Consumed in Australian Waters.

Quantity.

Value.

Quantity,

Value.

Quantity.

Value.

 

 

 

 

£ s. d.

 

£ s. d.

 

£ s. d.

I declare that the foregoing list gives full details of all customable articles, being private trade and stores, opium, cocaine and other narcotic drugs, owned by or in the possession of myself and of all the officers and members of my crew, at the time of entry into the port of              I further declare that the meaning of the requirements of this form has been fully explained to every person whose name, signature or mark appears thereon.

Declared before me this day of 19 

Master.

19 “.

Overview

The Customs Regulations 1949, Statutory Rules 1949, No. 78, was enacted to amend existing customs regulations concerning the use and duty on aircraft and ship stores. This legislative instrument was introduced to address discrepancies and inefficiencies in the customs process, particularly concerning the handling of stores on aircraft and ships before their departure from Australian ports. The regulations were enacted by the Parliament of Australia under the authority of the Customs Act 1901-1947 and the Customs Act 1956, aiming to streamline customs procedures and ensure compliance with international reciprocal arrangements. The primary policy objective was to facilitate smoother transit and reduce bureaucratic hurdles for airlines and shipping companies operating within and through Australian waters.

Scope and Application

The Customs Regulations (Statutory Rules 1949, No. 78) outline specific provisions regarding the use of stores on aircraft and ships within Australia. Regulation 32 has been amended to allow the use of certain aircraft stores by passengers and crew before departure from the last port of departure in the Commonwealth, including stores of Australian airlines operating overseas and those of airlines from countries granting reciprocal concessions. Regulation 108a has been repealed and replaced, specifying the types of stores that may be used on ships, excluding spirituous liquors, tobacco, tobacco products, and snuff. These regulations apply to the Commonwealth of Australia and are enforced by the Comptroller-General, who may decide it is uneconomical to collect duty on certain stores. Form 3 and Form 5 are prescribed for detailing stores on board ships, including dutiable goods, restricted drugs, and articles in the possession of the master, officers, and crew. The new regulations came into operation on 8th September 1949 and were made under the Customs Act 1901-1947.

Key Provisions

The Statutory Rules 1949, No. 78, amends the Customs Regulations by modifying Regulation 32 (sub-regulation 1) to allow the use of aircraft stores by passengers and crew before departure, or in their possession. Regulation 108a is repealed and replaced with new provisions allowing the use of certain aircraft stores before departure, including those of Australian airlines operating overseas and airlines from countries that offer reciprocal concessions to Australian airlines. Regulation 108b permits the use of ships' stores, excluding certain items, before departure. Form 3 in the Customs Regulations is repealed and replaced with a new form detailing dutiable goods and restricted drugs on ships. This new form includes columns for quantities on board at arrival and departure, and consumed quantities, and requires declarations from the master and ship's doctor. Form 5 requires the master, officers, and crew to declare customable articles, opium, cocaine, and other narcotic drugs in their possession, along with other specified goods, and includes a declaration that these items will not be landed without authority. These regulations impose obligations on parties to declare and account for the use of aircraft and ships' stores, and personal possession of certain goods, before departure from Australian ports. The master and ship's doctor must make specific declarations regarding the stores on board the vessel, and the crew must declare their personal possession of customable articles. These obligations ensure transparency and compliance with customs regulations. Breaches of these regulations may result in civil or criminal consequences, although specific penalties are not detailed in the provided text. The regulations emphasise the need for accurate declarations and proper documentation to avoid legal repercussions. Non-compliance could lead to penalties, including fines or other legal actions as prescribed by relevant laws.

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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.