STATUTORY RULES.
1951. No. 109.
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REGULATIONS UNDER THE CUSTOMS ACT 1901-1950.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1950.
Dated this twenty-sixth day of September, 1951.
Administrator.
By His Excellency’s Command,
(Sgd.) NEIL O’SULLIVAN
Minister of State for Trade and Customs.
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Amendment of the Customs Regulations.†
1. Regulation 24 of the Customs Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—
“ (4.) In this regulation, ‘ personal effects ’ means personal effects as prescribed by Departmental By-laws for the purpose of sub-item (a) of Item 409 of the Schedule to the Customs Tariff 1933-1950 or of that sub-item as amended from time to time or proposed to be amended by Customs Tariff Proposals introduced into the House of Representatives.”.
2. These Regulations shall come into operation on the twenty-seventh day of September, 1951.
* Notified in the Commonwealth Gazette on , 1951.
† 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, 188 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; and 1951, Nos. 34, 38, 71 and 99.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4816.—Price 3d 9/14.9.1951.
Overview
The Statutory Rules 1951, No. 109, made under the Customs Act 1901-1950, represent a legislative instrument intended to amend the Customs Regulations. Enacted by the Administrator of the Government of the Commonwealth of Australia, with the advice of the Federal Executive Council, these Regulations were designed to address specific gaps in the Customs Regulations. By amending Regulation 24, the Regulations aim to refine the definition of "personal effects" for the purposes of customs tariffs, aligning it with the Departmental By-laws and Customs Tariff Proposals. This legislative update was necessary to ensure the Customs Regulations remained current and compliant with evolving legislative frameworks and tariff amendments. These Regulations came into effect on 27 September 1951.
Scope and Application
The Statutory Rules 1951 No. 109, made under the Customs Act 1901-1950, amend the Customs Regulations to redefine "personal effects" in Regulation 24. This change is intended to align with the Departmental By-laws for sub-item (a) of Item 409 of the Schedule to the Customs Tariff 1933-1950, or as amended or proposed to be amended by Customs Tariff Proposals introduced into the House of Representatives. These Regulations apply to individuals and entities involved in the importation and exportation of goods within Australia, governing the classification and duty imposition on personal effects entering or leaving the country. The regulations have a national scope, impacting all states and territories within the Commonwealth of Australia. The amendments came into effect on 27 September 1951, replacing the previous definition of "personal effects" with the updated one as specified in the new sub-regulation.
Key Provisions
The Statutory Rules of 1951, No. 109, made under the Customs Act 1901-1950, introduce amendments to the Customs Regulations. Specifically, Regulation 24 is altered by replacing its sub-regulation (4) with a new definition for "personal effects" (Regulation 1). This change clarifies that "personal effects" are those items prescribed by Departmental By-laws for the purpose of sub-item (a) of Item 409 of the Schedule to the Customs Tariff 1933-1950 or as it may be amended or proposed to be amended by Customs Tariff Proposals introduced into the House of Representatives. These Regulations are set to take effect on the twenty-seventh day of September, 1951 (Regulation 2).
The primary obligation imposed by these Regulations is the updated definition of "personal effects" within the Customs framework. This amendment ensures that all relevant stakeholders, including customs officials and individuals bringing goods into the country, have a clear understanding of what constitutes personal effects for customs purposes. By aligning with the Departmental By-laws and the Customs Tariff, the Regulations aim to provide consistency and clarity in the application of customs laws.
While the Regulations themselves do not explicitly outline offences or penalties for breaches, it is important to note that non-compliance with customs regulations can lead to various legal consequences. Under the Customs Act 1901-1950, offences related to the importation or exportation of goods can result in penalties. For instance, importing goods without the required declarations or paying applicable duties can lead to civil penalties, including fines up to a significant amount, or criminal penalties, which could involve imprisonment. Additionally, persistent or egregious breaches may result in more severe consequences, including longer-term imprisonment and substantial fines.
In summary, the Statutory Rules of 1951, No. 109, amend the Customs Regulations to provide a clear definition of "personal effects," aligning with Departmental By-laws and the Customs Tariff. These changes impose an obligation on all parties involved in the importation and exportation of goods to adhere to the updated criteria for personal effects. While the Regulations do not specify penalties, breaches of customs laws generally attract both civil and criminal penalties under the broader Customs Act 1901-1950.