Customs Regulations (Amendment)

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STATUTORY RULES.

1927. No. 95.

________

REGULATION UNDER THE CUSTOMS ACT 1901-1925.

(SECOND AMENDMENT.)

I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, noting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Customs Act 1901-1925, to come into operation on and from 1st January, 1928.

Dated this 17th day of August 1927.

Gover
nor-General.

By His Excellency’s Command,

 (signature illegible)

for Minister of State for Trade and Customs.

_______

Amendment of Customs Regulations (Statutory Rules 1926, no. 203, as amended to this date.)

1. Regulation 24 of the Customs Regulations is amended by adding at the end thereof the following sub-regulations:—

(2) The personal baggage of each passenger shall be landed immediately on the arrival of the vessel at the port of destination of that passenger and shall not be permitted to remain on board pending the convenience of the passenger.

(3) Each passenger arriving from a port beyond the Commonwealth shall make a declaration in accordance with Form 5a setting out the number and description of the packages comprising his baggage, the nature of their contents, and particulars in detail regarding all goods which:

(a) are intended for gift, sale, exchange or trade; or

(b) are landed for any other person; or

(c) are his own property but are not his bona fide personal effects.

Provided that it shall not be necessary for a married woman travelling with her husband and disembarking at the same port, or a child under the age of sixteen years travelling with its parent or guardian and disembarking at the same port, to make a separate declaration but particulars relating to the baggage of the married woman or child shall be included in the declaration made by the husband, parent, or guardian, as the case may be.

(4) “Personal Effects” means personal effects as determined from time to time by the Comptroller-General and notified in the Gazette, and does not include any articles determined by the Comptroller-General not to be personal effects and so notified in the Gazette.

2. After Form 5 in the Schedule to the Customs Regulations the following form is inserted.

C.11221.—Price 3d.


[Front of Form.]

Form 5a.

Commonwealth of Australia

________

PASSENGER’S BAGGAGE DECLARATION.

Note.—Each passenger except married women travelling (and disembarking) with their husbands, or children under sixteen yours of age travelling (and disembarking) with their parents or guardians, must make this declaration.

* If a returning resident of the Commonwealth insert Australian address; if otherwise, insert proposed Australian address.

† Delete whole or part if inapplicable.

I..................................................................................of*........................................................

...................................................................... (occupation)............................................................

having read the notes on the back of this form do hereby declare—

1. That I travelled from......................................................................................................to Australia per the ship.......................................disembarking at the port of.....................................

2. † That I was accompanied on the voyage by my wife and the undermentioned children under sixteen years of age: —

Name.

Relation to Passenger.

………………………….

……………………………..

………………………….

……………………………..

………………………….

……………………………..

§ Delete which not applicable.

who is§/are disembarking at the same port as myself.

‡ Delete if not applicable.

3.‡ That I am making this declaration on behalf of the persons mentioned in paragraph (2) as well as on my own behalf.

4. That I am§/we are not proceeding further on the said ship on her present voyage.

5. That the baggage hereinafter set out comprises the whole of my§/our baggage landed or to be landed from the ship:—

…………….Trunks

……………Suit-cases

…………….Boxes

……………Bags

…………….Portmanteaux

……………Other Packages.

6. That the whole of the said baggage has been or will be landed at the port of............................................and is being or will be presented to the Customs Authorities for examination at that port.

7. That the goods listed hereunder contain all articles in the said baggage which—

(a) are intended for gift, sale, exchange, or trade; or

(b) are being landed for any other person; or

(c) are my§/our own property but are not bona fide personal effects.


(a) Goods Intended for Gift, Sale, Exchange, or Trade.

Description of Article

Purchase Price.

…………………………………………………..

…………………………………………..

…………………………………………………..

…………………………………………..

…………………………………………………..

…………………………………………..

…………………………………………………..

…………………………………………..

…………………………………………………..

…………………………………………..

………………………………………………….

…………………………………………..

………………………………………………….

…………………………………………..

………………………………………………….

…………………………………………..

(b) Goods Landed for any other Person.

Description of Article

Purchase Price.

……………………………………………………

…………………………………………..

……………………………………………………

…………………………………………..

……………………………………………………

…………………………………………..

……………………………………………………

…………………………………………..

……………………………………………………

…………………………………………..

……………………………………………………

…………………………………………..

……………………………………………………

…………………………………………..

……………………………………………………

…………………………………………..

§ Delete which not applicable.

 (c) Goods my§/our own Properly but not my§/our Bona Fide Personal Effects.

Description of Article

Purchase Price.

……………………………………………………

…………………………………………..

……………………………………………………

…………………………………………..

……………………………………………………

…………………………………………..

……………………………………………………

…………………………………………..

……………………………………………………

…………………………………………..

…………………………………………………….

…………………………………………..

……………………………………………………

…………………………………………..

……………………………………………………

…………………………………………..


§ Delete which not applicable

8. That all the articles contained in the said baggage except those listed in the preceding paragraph are my§/our bona fide personal effects for my §/our own use.

9. That no articles have been or are being landed surreptitiously by or for me or by or for any person to whose baggage this declaration relates.

10. That nothing on my§/our part or on the part of any person on my§/our behalf has been done, concealed or suppressed whereby the Commonwealth may be defrauded of any duty that may be due on any of the contents of my§/our baggage.

Signature of Passenger...................................

(Passenger must not sign before he comes before the Customs Officer.)

Declared before me at.............................................this..........................................day of....................................19.......

..........................................Customs Officer.

(If any duty is leviable on baggage covered by this declaration the Customs Officer will enter particulars hereunder.)

The...........................................packages abovementioned have been examined by me and found to contain..............................................................................................................................

Duty amounting to.....................................................paid by Receipt............................................... of.................................Warrant.................................of..............................

Date................................. .............................Customs Officer.

Note. —The attention of passengers is drawn to the undermentioned sections of the Customs Act:—

Section 231 (c) —“No person shall make in any declaration or document produced to any Officer any statement which is untrue in any particular, or produce or deliver to any Officer any declaration or document containing any such statement.”

Section 234 (g) “No person shall refuse or fail to answer questions or to produce documents.”

(Penalty-£100.)

The wilful failure to declare dutiable articles renders the goods liable to seizure and subjects the passenger upon whose person or in whose baggage they are found to the penalties provided for by the law.

[Please Turn Over.]

[Back of Form]

(Here insert notes for the guidance of passengers.)

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1927 No. 95, made under the Customs Act 1901-1925, introduced amendments to the Customs Regulations to address the need for more stringent controls over the declaration of personal baggage by passengers arriving in Australia. This regulation was enacted by the Deputy of the Governor-General, on the advice of the Federal Executive Council, and came into operation on 1st January 1928. The policy objective of these amendments was to ensure that all passengers declare the contents of their baggage accurately, particularly focusing on goods intended for gift, sale, exchange, or trade, or goods not considered bona fide personal effects. This regulation required passengers to declare the contents of their baggage upon arrival at their destination port, with exceptions for married women travelling with their husbands and children under sixteen travelling with their parents or guardians. The regulation also introduced a new form for passengers to complete, detailing the contents of their baggage and any articles intended for trade or sale.

Scope and Application

The Customs Regulations (Statutory Rules 1926, no. 203, as amended) under the Customs Act 1901-1925 govern the procedures and requirements for passengers bringing goods into Australia. These regulations apply to all passengers arriving from a port beyond the Commonwealth, who must declare the number and description of their packages, including any articles intended for gift, sale, exchange, or trade, as well as goods intended for other persons or those that are their own property but not bona fide personal effects. Exceptions to the declaration requirement are made for married women travelling with their husbands and children under sixteen years of age travelling with their parents or guardians, who may include their particulars in the declaration made by the accompanying adult. Personal effects are defined by the Comptroller-General and are not subject to the same declaration requirements. The regulations mandate that personal baggage must be landed immediately upon arrival at the port of destination and cannot remain on board the vessel. Failure to comply with these requirements can lead to the seizure of goods and penalties for the passenger, as outlined in the Customs Act. The regulations also provide a form (Form 5a) for passengers to declare their baggage and outline the penalties for making false declarations or failing to answer questions or produce documents.

Key Provisions

The Regulations under the Customs Act 1901-1925, as amended, introduce several provisions concerning the landing of personal baggage and the declaration of goods by passengers. Regulation 24(2) requires that the personal baggage of each passenger must be landed immediately upon the arrival of the vessel at the destination port and cannot remain on board at the passenger's convenience. This ensures that all baggage is processed and inspected promptly. Regulation 24(3) mandates that each passenger arriving from a port beyond the Commonwealth must complete a declaration form, Form 5a, detailing the contents of their baggage, particularly those items intended for gift, sale, exchange, or trade, or those not considered bona fide personal effects. However, this requirement does not apply to married women travelling with their husbands or children under sixteen travelling with their parents or guardians, provided the details of their baggage are included in the declaration made by the accompanying adult. These regulations impose obligations on passengers to declare the contents of their baggage accurately and completely. Passengers must ensure that they identify and list any goods intended for trade, sale, or exchange, as well as any goods that are not their bona fide personal effects. They must also certify that no articles have been clandestinely landed. Failure to comply with these requirements can result in severe consequences. Section 231(c) of the Customs Act prohibits making any false statements in declarations or documents, with a penalty of £100. Furthermore, Section 234(g) mandates that passengers must not refuse or fail to answer questions or produce documents when requested by an officer, also subject to a penalty of £100. Failure to declare dutiable articles wilfully can lead to the seizure of the goods and subject the passenger to additional penalties as provided by law. These penalties underscore the importance of accurate and honest declarations to avoid legal repercussions.

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