STATUTORY RULES.
1922. No. 60.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1920. (THIRD AMENDMENT)
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Customs Act 1901-1920, to come into operation, forthwith.
Dated this twelfth day of April, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
ARTHUR S. RODGERS,
Minister for Trade and Customs.
Amendment of Customs Regulations 1922.
(Statutory Rules 1922, No. 24 as amended to this date.)
1. Regulation 131 (2) of the Customs Regulations 1922 is amended by the addition of the figures “⅔” after the words “Condensed Milk, when samples submitted, for analysis”.
2. Forms 4 and 5 in the Schedule to the Customs Regulations 1922 are hereby amended by the addition after the word “discharged” in each case, of the following:—
“And the subscribers agree that if the Customs shall at any time or times—
(a) grant an extension of time or other concession to the said owner or any other person; or
(b) consent to or acquiesce in a non-compliance by the said owner or any other person with any term of the above-written condition; or
(c) refrain from bringing suit on this security against the subscribers or any of them in respect of a failure by the said owner or any other person to comply with any term of the above-written condition;
this security shall not thereby be discharged but the Collector of Customs shall have full power, right, and authority to bring suit and obtain judgment thereon against the subscribers jointly and severally for their stated liability in respect of any subsequent failure by the said owner or any other person to comply with a term of the above-written condition.”
3. Form 58 in the Schedule to the Customs Regulations 1922 is cancelled and the following form inserted in its stead:—
Sec. 179.
Reg. 151.
FORM 58.
Commonwealth of Australia.
General Transire—Security to the Customs.
By this security the Subscribers are, pursuant to the Customs Act 1901-1920, bound to the Customs of the Commonwealth of Australia, in the sum of subject only to this condition, that if the Master of in respect of which a General Transire under the Customs Regulations is to be issued dating from the day of , 19 , shall during the currency of that Transire or during the currency of any Transire or Transires that may hereafter be issued in continuation or substitution of the aforesaid Transire of the comply with the prescribed conditions printed on the back of the said Transire or Transires aforesaid, and if the said Master shall in all other respects comply with the provisions of the said Act and any amendment thereof or any Act passed in substitution therefor and the Regulations for the time being in force thereunder, and, further, shall pay at the Port of all Commonwealth Light Dues which may become due under the Lighthouses Act 1911-1919 and any amendment thereof or any Act passed in substitution therefor and the Regulations for the time being in force thereunder, during the currency of any Transire covered by this Security then this Security shall be thereby discharged.
Dated at the day of , 19 .
Name and Descriptions of Subscribers. | Signature of Subscribers. | Signature and Address of Witnesses. |
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Note.—If liability is not intended to be joint and several and for the full amount, state what is intended, as, for example, thus:—“The liability of the subscribers is joint only”, or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1922, No. 60, represent a legislative instrument that amends the Customs Regulations 1922 under the Customs Act 1901-1920. This amendment was enacted by the Governor-General, with advice from the Federal Executive Council, to address specific issues and gaps in the existing customs regulations. The problem it aimed to address included the need to refine the conditions under which goods like condensed milk could be imported, and the need to strengthen the security provisions associated with customs transire. By amending existing regulations, the government sought to ensure that customs duties and obligations were more clearly defined and enforceable. This legislative amendment underscores a commitment to maintaining stringent regulatory standards for customs and trade within Australia.
Scope and Application
The Regulations Under the Customs Act 1901-1920 (Third Amendment) applies to all persons and entities involved in the importation and exportation of goods in Australia, including shipping masters, customs officers, and other relevant stakeholders. These regulations amend the existing Customs Regulations 1922 by modifying specific conditions related to security, concession, and compliance, with a focus on reinforcing the obligations of those involved in customs transactions. The regulations have a national reach, applying across the Commonwealth of Australia, and are intended to enhance the enforcement of customs-related laws and ensure compliance with prescribed conditions. While the regulations are comprehensive, they do not explicitly state any exclusions or thresholds; however, they do clarify that any concessions or extensions granted by customs officers do not discharge the security obligations of the parties involved. The scope of the regulations can be further extended or refined through subordinate instruments as needed, providing flexibility in the application and enforcement of customs laws.
Key Provisions
The primary sections of this legislative instrument are concerned with amending the Customs Regulations 1922. Regulation 131(2) (section 1) is amended by adding the figure "⅔" after the words "Condensed Milk, when samples submitted, for analysis". This alteration presumably pertains to the tariff or duty rates applicable to condensed milk, but the exact implications of this change are not detailed in the text. Additionally, Forms 4 and 5 in the schedule to the Customs Regulations 1922 (section 2) are amended by adding clauses that ensure the security provided by subscribers remains valid even if the customs authority grants extensions or other concessions to the owner or other persons. Form 58 (section 3) is cancelled and replaced with a new form that details the conditions under which the security provided by subscribers will be discharged.
The obligations imposed by these regulations primarily concern those providing security under the Customs Act 1901-1920. Subscribers to security forms must ensure that the conditions printed on the back of the Transire, as well as all other provisions of the Customs Act and related regulations, are met. This includes compliance with prescribed conditions for the duration of any Transire issued and payment of all Commonwealth Light Dues at the port. Furthermore, subscribers must remain liable for any subsequent failures to comply with these conditions, regardless of any concessions granted by the customs authority.
Breaches of these obligations could have several consequences. The primary civil consequence is the potential for the Collector of Customs to bring a suit against the subscribers for their stated liability, as outlined in the amended Forms 4 and 5. This means that even if the customs authority does not immediately enforce compliance, subscribers remain at risk of legal action if conditions are not met. The exact penalties or consequences for such breaches are not explicitly stated in the text, but they would likely be determined by the terms of the security provided and any applicable laws or regulations.