Customs Regulations (Amendment)

Legislation au C1905L00021 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1905. No. 21.

REGULATIONS UNDER THE CUSTOMS ACT 1901.

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, to come into operation on the 1st day of April, 1905.

NORTHCOTE,

Governor-General.

By His Excellency's Command,

JAMES G. DRAKE,

Regulations for the Enforcement of Penalties and Forfeitures under Part XV. of the Customs Act 1901.

1. (1) Any order made by the Minister under Part XV. of the Customs Act 1901 for the enforcement of any penalty or forfeiture which he has determined has been incurred may be filed in any court of summary jurisdiction, and thereupon the order shall have effect as if it were an order of that court.

(2) Subject to these Regulations, all laws of the State relating to the enforcement of orders of courts of summary jurisdiction in force in the place where the court in which the order is filed is situated shall, to the extent to which they are applicable, apply to all matters relating or incidental to, or in connexion with, the enforcement of the penalty or forfeiture specified in the order so filed, and to any process for such enforcement.

(3) On the application of any officer of Customs, any justice of the peace having jurisdiction in the place may issue a warrant of execution, or warrant of commitment, or other process applicable for the purpose of the enforcement of the order so filed.

2. A warrant of execution may be in accordance with the Form A in the Schedule, or in accordance with any form of warrant of execution or distress (applicable to the circumstanced) under any law in force in the State where the warrant is issued.

3. A warrant of commitment may be in accordance with the Form B in the Schedule, or in accordance with any form of warrant of commitment (applicable to the circumstances) under any law in force in the State where the warrant is issued.

C.2115.— Price 3d.


4. Any form of warrant of execution, warrant of commitment, or other process, whether provided by these Regulations or by the law of the State, may be varied according to the circumstances of the case, and no warrant of execution, warrant of commitment, or other process shall be held to be invalid by reason of want of form.

5. Statutory Rules, 1905, No. 7, made as Provisional Regulations under the said Act are hereby repealed.

The Schedule.

form a.

Warrant of Execution.

To

Whereas an order dated the day of 190

by the Minister of State for the Commonwealth of Australia administering the Customs for the enforcement of a penalty of                imposed upon              of              by an order of the said

Minister made under Part XV. of the Customs Act 1901, and dated the day of 190 has been filed in the court of summary jurisdiction at              in the State of

And whereas by the said first-mentioned order it was ordered that the said penalty be enforced by the levy of execution against the goods and chattels of the said              and in default of sufficient goods and chattels by imprisonment of the said              for a period of unless the said penalty is sooner paid. And whereas the said penalty has not been paid. Now therefore these are to command you in His Majesty's name forthwith to take the goods and chattels of

the said and if within the space of days next after taking them the said penalty together with the reasonable charges of taking and keeping the said goods and chattels is not paid that you then sell the said goods and

chattels and pay the money arising by such sale to at in the said State, and if no goods and chattels can be found that you certify the same to me or some other justice of the peace.

Given under my hand at in the State of

in the Commonwealth of Australia the day of

190  .

J.P.

form b.

Warrant of Commitment.

To

and to the Keeper of His Majesty's Gaol at

Whereas an order dated the day of 190

by the Minister of State for the Commonwealth of Australia administering the Customs for the enforcement of a penalty of imposed

upon of by an order of the said Minister made under Part XV.

of the Customs Act 1901, and dated the day of 190 has been filed in the court of summary jurisdiction at in the State of              And whereas by the said first-mentioned order it was ordered that the said

penalty be enforced by the levy of execution against the goods and chattels of the said and in default of sufficient goods and chattels by imprisonment of the


said for a period of unless the said penalty is sooner paid. And whereas

the said has not paid the said penalty. And whereas a warrant of execution has been issued against the goods

and chattels of the said and it appears by the return to the said warrant that no sufficient goods and chattels of the

said  have been found. Now these are therefore to command you in His Majesty's name to apprehend the said and

unless the said penalty is sooner paid deliver him into the keeping of the keeper of the gaol at together with this warrant. And to command you the said keeper to receive the said              into your custody in the said gaol there to imprison

him for the period of  unless the said penalty and all costs and charges of the said execution and of the commitment and conveying of the said              to the said gaol amounting to the further sum of                                           be sooner paid to you or unless you sooner

receive a certificate from the clerk of the court at or the Collector of Customs at that the said penalty and costs and charges have been paid. And for so doing this shall be your sufficient warrant.

Given under my hand at in the State of    in the Commonwealth of Australia this

day of 190

___________________________J.P.

By Authority : Robt. S. Brain, Government Printer, Melbourne.

Overview

The Statutory Rules 1905, No. 21, titled "Regulations Under the Customs Act 1901," were enacted by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These regulations came into effect on April 1, 1905, and were designed to provide a framework for the enforcement of penalties and forfeitures specified under Part XV of the Customs Act 1901. The Customs Act 1901 was originally enacted to consolidate and streamline customs regulations across Australia, and these regulations further clarify and operationalise the enforcement mechanisms provided for within the Act. The policy objective was to ensure that penalties and forfeitures imposed under the Customs Act could be effectively enforced through the courts, aligning with state laws for the enforcement of summary jurisdiction orders.

Scope and Application

The Regulations under the Customs Act 1901, as established in Statutory Rules 1905 No. 21, are applicable to any penalty or forfeiture order issued by the Minister for the Commonwealth of Australia for the enforcement of the Customs Act. These Regulations outline the procedural requirements for the enforcement of penalties and forfeitures, which includes the filing of the Minister's order in any court of summary jurisdiction. This allows the order to have the same effect as if it were an order from that court, thus facilitating the enforcement of the specified penalties and forfeitures. The Regulations apply to any person or entity found to have incurred such penalties under the Customs Act, and the enforcement mechanisms extend to all states within the Commonwealth of Australia. The Regulations also provide for the use of warrants of execution and commitment, in forms that align with both the Regulations and state laws, to ensure the practical enforcement of the penalties and forfeitures determined by the Minister. These instruments ensure that the penalties and forfeitures can be effectively enforced, either through the seizure and sale of goods or the imprisonment of the offender, if the penalty remains unpaid.

Key Provisions

These Regulations, under the Customs Act 1901, outline the process for enforcing penalties and forfeitures determined by the Minister (section 1). An order made by the Minister for the enforcement of a penalty or forfeiture can be filed in any court of summary jurisdiction and will be treated as if it were an order of that court (section 1(1)). State laws on the enforcement of court orders will apply to the enforcement of these penalties or forfeitures (section 1(2)). Additionally, any justice of the peace may issue a warrant of execution or commitment on the application of a Customs officer (section 1(3)). These warrants can be in the form specified in the Schedule or any other applicable form under state law (sections 2 and 3). The forms can be adapted to the specific circumstances of the case (section 4), and no warrant will be deemed invalid due to a lack of proper form (section 4). The Regulations impose obligations on several parties, including the Minister, Customs officers, and justices of the peace. The Minister has the authority to determine penalties and forfeitures under the Customs Act and to file orders for their enforcement in courts of summary jurisdiction (section 1(1)). Customs officers are responsible for applying to justices of the peace for warrants of execution or commitment to enforce these orders (section 1(3)). Justices of the peace, in turn, have the duty to issue such warrants when requested by Customs officers (sections 2 and 3). These warrants can be executed according to the forms in the Schedule or any other applicable state law forms (section 4). Breaches of the Regulations can lead to various civil and criminal consequences. Although specific offences are not detailed within the text of these Regulations, penalties and forfeitures can be enforced through the courts, and failure to comply with a warrant of execution or commitment can result in legal action. The maximum penalties for non-compliance are not explicitly stated in these Regulations but would be determined by the underlying customs laws or the specific orders being enforced. Non-compliance with a court order or warrant could lead to civil penalties, fines, or even imprisonment if the unpaid penalties or forfeitures are substantial enough to warrant such measures under the Customs Act 1901.

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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.