Customs Regulations (Amendment)

Administered by Attorney-General's Department

Legislation au F1996B03931 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1947. No. .

 

REGULATIONS UNDER THE CUSTOMS ACT 1901-1936.*

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 1901-1936.

Dated this twenty-third day of July, 1947.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

________

Amendments of the Customs Regulations.†

1. After regulation 4 of the Customs Regulations the following heading and regulation are inserted:—

Aircraft.—Security.

“4a. The owner or operator of an aircraft shall, when required by the Collector, furnish security for the protection of the revenue in accordance with Form 68a.”.

2. Regulation 45 of the Customs Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) Goods may be unshipped from an aircraft before entry is passed where the owner or operator of the aircraft has furnished security in accordance with Form 68a.”.

3. The Schedule to the Customs Regulations is amended by inserting after Form 68 the following form:—

“Form 68a.

Reg. 4a.

Commonwealth of Australia.

AIRCRAFT: SECURITY TO THE CUSTOMS.

By this Security the subscribers are, pursuant to the Customs Act 1901-1936, 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 are

* Notified in the Commonwealth Gazette on , 1947.

† 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; and 1946. Nos. 127 and 161.

2304.—Price 3d. 8/9.6.1947.


to be loaded upon any aircraft belonging to or under the control of

     (hereinafter called ‘the company’), or for which the company is agent, and are upon or at any aerodrome in the Commonwealth of Australia are—

(a) safely and securely kept upon or at the said aerodrome until such goods and packaged are removed 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) dealt with in all respects in accordance with the said Act to the satisfaction of the Collector of Customs; and

2. The subscribers, on demand, pay an amount equivalent to the Customs duty on any such goods and packages not accounted for or delivered to the satisfaction of the Collector of Customs; 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 anytime before the package is moved from the said aerodrome in manner aforesaid,

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

4. All goods and packages subject to the control of the Customs at any time during the continuance of this Security received by the company at any aerodrome in the Commonwealth for conveyance upon an aircraft belonging to or under the control of the company or for which the company is agent and delivery at another aerodrome in the Commonwealth are—

(a) duly loaded, conveyed and delivered; and

(b) delivered by authority within the meaning of the said Act and not otherwise; and

(c) dealt with in all respects in accordance with the said Act to the satisfaction of the Collector of Customs; and

5. The subscribers, on demand, pay the duty legally leviable on all aircraft stores consumed on any aircraft as aforesaid while in the Commonwealth or between aerodromes in the Commonwealth; and

6. The provisions of the said Act and the Customs Regulations are duly complied with,

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.

 

 

”.

 

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Customs Regulations 1947 were enacted to amend the Customs Regulations under the Customs Act 1901-1936, primarily to address security concerns related to aircraft. These regulations were made by the Governor-General in Council, in accordance with the powers vested in them under the Customs Act 1901-1936. The regulations introduced new provisions requiring aircraft owners or operators to furnish security for the protection of revenue when requested by the Collector, and they allow goods to be unshipped from an aircraft if such security is provided. The policy objective of these regulations is to ensure the security of goods and compliance with customs procedures when aircraft are involved, thus enhancing the protection of revenue and facilitating the smooth operation of customs controls at aerodromes within Australia.

Scope and Application

The Regulations under the Customs Act 1901-1936 apply specifically to the owners or operators of aircraft in the Commonwealth of Australia. These regulations mandate that when required by the Collector, the owner or operator must furnish security for the protection of the revenue as stipulated in Form 68a. This security ensures that all goods and packages subject to Customs control are safely and securely kept at the aerodrome until they are removed or cease to be under Customs control, and are dealt with in accordance with the Customs Act. Additionally, the regulations allow for goods to be unshipped from an aircraft before entry is passed if the owner or operator has provided the required security. The provisions of these regulations extend across the Commonwealth, governing all activities related to the handling of goods and packages on aircraft within Australia. The regulations are designed to ensure compliance with Customs requirements and to safeguard revenue by providing a financial guarantee that all duties and obligations are met.

Key Provisions

The primary operative sections of the Customs Regulations, as amended, are found in Regulation 4a and the newly inserted Form 68a. Regulation 4a mandates that the owner or operator of an aircraft must provide security to the Customs when requested by the Collector. This security ensures the protection of the revenue and is in accordance with the prescribed Form 68a. Furthermore, Regulation 45 has been amended to allow for goods to be removed from an aircraft before clearance, provided the security in the form of Form 68a has been furnished. This form, which is now part of the Customs Regulations, outlines the conditions under which the security must be provided and specifies the obligations of the subscribers to ensure compliance with the Customs Act 1901-1936. The obligations imposed by the Act on the parties or entities it governs are detailed in the conditions of the security form (Form 68a). The subscribers, who are typically the aircraft owners or operators, must ensure that all goods and packages under Customs control are securely kept until they are removed by authority or cease to be subject to Customs control. They must also ensure that these goods are dealt with in accordance with the Customs Act and its regulations. Furthermore, the subscribers are required to pay any Customs duties on goods that are not accounted for or delivered to the satisfaction of the Collector of Customs. Additionally, they must comply with all provisions of the Customs Act and the Customs Regulations, including proper loading, conveyance, and delivery of goods and aircraft stores. Failure to comply with the obligations set forth in the Customs Regulations can lead to various civil and criminal consequences. While the specific penalties are not detailed in the text provided, breaches of the Customs Act and its regulations can typically result in penalties, fines, and legal actions. In serious cases, individuals or entities may face criminal charges, which could include imprisonment. The exact penalties would be determined based on the severity of the breach and would be consistent with the provisions of the Customs Act 1901-1936 and any applicable legislation.

Legal classification tags

Area of Law
Customs Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

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.