STATUTORY RULES.
1949. No. 111.
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REGULATION UNDER THE CUSTOMS ACT 1901-1947.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901-1947.
Dated this thirtieth day of November, 1949.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Trade and Customs.
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Amendment of this Customs Regulations.†
Regulation 19 of the Customs Regulations is amended—
(a) by inserting in sub-regulation (1.), after the word “ships”, the words “or aircraft”; and
(b) by omitting from that sub-regulation the word “district” and inserting in its stead the words “Territory or part of a State or Territory”.
* Notified in the Commonwealth Gazette on , 1949.
† 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; and 1949, Nos. 34 and 78.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4861.—Price 3d 9/24.10.1949
Overview
The Statutory Rules 1949 No. 111, made under the Customs Act 1901-1947, were enacted by the Governor-General in Council to address the need to modernise the regulatory framework governing customs and excise in light of new developments in transportation, particularly the increasing importance of air travel. The Customs Act 1901-1947, as amended by these regulations, aimed to streamline the customs process and ensure it kept pace with technological advancements by including aircraft in the definition of customs-controlled items, alongside ships. This change sought to unify the customs regulations across all territories and states, thus promoting a consistent and efficient customs environment. The policy objective was to facilitate trade and commerce by reducing bureaucratic hurdles and updating the regulatory landscape to reflect the realities of contemporary transportation methods.
Scope and Application
The Statutory Rules of 1949, No. 111, made under the Customs Act 1901-1947, constitute a legislative instrument that modifies the Customs Regulations, specifically Regulation 19. This regulation amends the scope of goods subject to customs control by expanding it to include aircraft in addition to ships. It also alters the geographic reach by replacing the term “district” with “Territory or part of a State or Territory,” thereby extending the applicability of customs regulations to any part of the Australian territories or states. The regulation applies to all goods transported by aircraft entering or leaving the Australian customs area, and it encompasses any person or entity involved in the import or export of such goods. The amendment is aimed at modernising the customs regulations to account for advancements in transportation technology and ensuring comprehensive oversight of all modes of international trade entering or leaving Australia. This legislative instrument does not explicitly state any exclusions, exemptions, or thresholds, but it is understood that the existing provisions of the Customs Act 1901-1947 will continue to apply unless otherwise specified by subordinate instruments or subsequent amendments.
Key Provisions
The Customs Regulations under the Customs Act 1901-1947 have been amended by Statutory Rule 1949 No. 111. The key change in Regulation 19 is the expansion of the definition of the term "ships" to include "aircraft". This is achieved by inserting the words "or aircraft" immediately after the word "ships" in sub-regulation (1). Additionally, the term "district" has been replaced with "Territory or part of a State or Territory" within the same sub-regulation. These amendments broaden the scope of the customs regulations to cover aircraft, thus aligning the regulatory framework with the evolving modes of transport.
These changes impose new obligations on parties involved in the import and export of goods via aircraft. Specifically, they must now comply with customs regulations that previously only applied to sea vessels. This includes adhering to customs declarations, inspections, and the payment of any applicable duties or taxes. The expanded scope ensures that all forms of transport, whether by sea or air, are subject to the same regulatory requirements, maintaining consistency and fairness within the customs regime.
Failure to comply with these amended customs regulations can lead to civil and criminal penalties. Under the Customs Act 1901-1947, breaches of customs regulations can result in fines and, in more serious cases, criminal prosecution. The specific penalties vary depending on the nature and severity of the offence, but they can include substantial fines and potential imprisonment for individuals found guilty of serious customs violations. The maximum penalties are not explicitly stated in the statutory rule but would be determined by the relevant courts based on the specifics of the case and the applicable laws.