Customs Regulations (Amendment)

Legislation au C1923L00205 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1923. No. 205.

______

REGULATIONS UNDER THE CUSTOMS ACT 19011923.

(Fifteenth Amendment).

I, THE GOVERNORGENERAL 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 19011923, to come into operation on the first day of January, 1924.

Dated this fourteenth day of December, 1923.

FORSTER,

GovernorGeneral.

By His Excellency’s Command,

Ll. ATKINSON,

for Minister of State for Trade and Customs.

______

Amendment of Customs Regulations 1922.

(Statutory Rules 1922, No. 24, as amended to this date).

1. Regulation 22(1) of the Customs Regulations 1922 is repealed and the following Regulation inserted in its stead:—

“22 (1) When work is permitted before or after working hours, or on any Sunday or holiday, for the convenience of the public, the rates to be charged for the services of the officers employed shall be as follow, viz.:—

(a) Officers acting under direct supervision of a superior officer, lockers, drawback officers, and officers inspecting reimported goods (regulation 111a), 3s. per hour, or part thereof, except between the hours of 11 p.m. and 8 a.m., when the rate shall be 3s. 6d. per hour, or part thereof.

(b) Officers in charge of the loading on or discharge of goods from ships, 3s. 6d. per hour, or part thereof, except between the hours of 11 p.m. and 8 a.m., when the rate shall be 4s. 6d. per hour, or part thereof.

(c) Officers of the indoor staff, 3s. 6d per hour, or part thereof.

(d) Officers receiving the report of a vessel, clearing a vessel, or receiving the report and clearing a vessel at the same time—

(i) if not engaged for more than two hours, 6s.;

(ii) if engaged for more than two hours, 3s. per hour or part thereof, with a maximum charge of 24s. for any twentyfour hours.”

C.19349.—Price 3d.


2. Regulation 50 of the Customs Regulations 1922 is repealed and the following regulation inserted in its stead:—

General and Private Warehouses.

“50. In Sydney, Melbourne, Brisbane, Hobart, Adelaide and Port Adelaide, Perth and Fremantle, the annual fees to be charged for licences for general and private warehouses shall be as follow:—

 

£

(a) Where the whole services of a locker are required................

300

(b) Where the whole services of more than one locker are required, for each additional locker after the first             

225

(c) Where the half services only of a locker are required..............

150

(d) Where the whole or half the services of a locker are not required—

 

(1) For warehouses having a tonnage capacity under 250 tons ....

30

(2) For warehouses having a tonnage capacity of 250 tons and under 500 tons 

45

(3) For warehouses having a tonnage capacity of 500 tons and under 1,000 tons             

60

(4) For warehouses having a tonnage capacity of 1,000 tons and over 

75.”

3. Regulation 51 of the Customs Regulations 1922 is repealed and the following regulation inserted in its stead:—

“51. In places other than those above specified, the annual licencefees for general and private warehouses shall be as follow:—

 

£

(1) Where the whole services of a locker are required....................

225

(2) Where the half services of a locker are required.....................

150

(3) Where the whole or half services of a locker are not required, threefourths of the tonnage scale of fees prescribed in the preceding regulation.”

 

4. Regulation 53 of the Customs Regulations 1922 is repealed and the following regulation inserted in its stead:—

“53. The annual fee to be charged for licences, as general or private warehouses, of magazines, floating or otherwise, to be used for the purpose of storing explosives only, shall be £1 10s.”

5. Regulation 54 of the Customs Regulations 1922, is repealed and the following regulation inserted in its stead:—

“54. (1) All questions as to the number of lockers required and the time necessary for their attendance shall be determined by the Comptroller.

(2) When the whole or half the services of a locker are not required, the services of a locker when required shall be paid for at the rate of 3s. per hour or part thereof. Provided that the Comptroller may waive this payment where the necessary attendance by a locker can be given without expense to the Department. The Comptroller may authorize the application of this proviso to warehouses of any class.”


6. Regulation 55 of the Customs Regulations 1922 is repealed and the following regulation inserted in its stead:—

Machinery Warehouses.

55. (1) Except as provided in regulation 58, the annual fees to be charged for licences for machinery warehouses in Sydney Melbourne, Brisbane, Hobart, Adelaide and Port Adelaide, Perth and Fremantle, shall be as follow:—

 

£

(a) Where the whole services of a locker are required....................

300

(b) Where the whole services of more than one locker are required, for each additional locker after the first             

225

(c) Where the half services only of a locker are required..................

150

(2) Except as provided in regulation 56, the annual licencefees for machinery warehouses in places other than those specified above shall be as follow;—

 

£

(a) Where the whole services of a locker are required....................

225

(b) Where the half services only of a locker are required..................

150.”

7. Regulation 56 of the Customs Regulations 1922 is repealed and the following regulation inserted in its stead:—

“56. At all places where the whole, or half the services of a locker are not required, the annual licencefee shall be in accordance with the following scale, and the services of a locker when required shall be paid for at the rate of 3s. per hour or part thereof:—

 

£.

s.

d.

(a.) For warehouses having a tonnage capacity under 250 tons.........

15

0

0

(b) For warehouses having a tonnage capacity of 250 tons and under 500 tons 

22

10

0

(c) For warehouses having a tonnage capacity of 500 tons and under 1,000 tons 

30

0

0

(d) For warehouses having a tonnage capacity of 1,000 tons and over....

37

10

0.”

8. Regulation 57 of the Customs Regulations 1922 is repealed and the following regulation inserted in its stead:—

Manufacturing Warehouses.

57. (1) Except as provided in regulation 58, the annual fees to be charged for licences for manufacturing warehouses in Sydney, Melbourne, Brisbane, Hobart, Adelaide and Port Adelaide, Perth and Fremantle, shall be as follow:—

 

£

(a) Where the whole services of a locker are required................

300

(b) Where the whole services of more than one locker are required, for each additional locker after the first             

225

(c) Where the half services only of a locker are required..............

150

(2) Except as provided in regulation 58, the annual licencefees for manufacturing warehouses, in places other than those abovespecified, shall be as follow:—

 

£

(a) Where the whole services of a locker are required................

225

(b) Where the half services only of a locker are required..............

150.”


9. Regulation 58 of the Customs Regulations 1922 is repealed and the following regulation inserted in its stead:—

“58. At all places where the whole or half the services of a locker are not required, the annual licencefee shall be £7 10s., and the services of a locker, when required, shall be paid for at the rate of 3s. per hour or part thereof.”

10. Regulation 59(2) of the Customs Regulations 1922 is repealed and the following regulation inserted in its stead:—

“59. (2) The annual fee chargeable for such licence shall be £7 10s.”

11. Regulation 60(3) of the Customs Regulations 1922 is repealed and the following regulation inserted in its stead:—

“60. (3) The annual licencefee under this regulation shall be £1 10s., and the services of a locker when required shall be paid for at the rate of 3s. per hour, or part thereof.”

12. Regulation 76 of the Customs Regulations 1922 is repealed and the following regulation inserted in its stead:—

“76. The operation of reducing and bottling shall be carried out under the supervision of a locker, but if his services are not available, under the supervision of a special officer whose services shall be paid for at the rate of 3s. per hour, or part thereof, by the person applying for permission to reduce and bottle the spirits.”

13. Regulation 94(7) of the Customs Regulations 1922 is repealed and the following regulation inserted in its stead:—

“94. (7) The charge for each repack, reweigh, or reexamination shall be calculated upon the time occupied in the completion of the operation, at the rate of 3s. per hour. For any broken period of one hour not exceeding thirty minutes, 2s. shall be the charge.”

14. Regulation 111b (2) (a) of the Customs Regulations 1922 is amended by the deletion of the figures “2s. 6d.” and the substitution of the figure “3s.” in lieu thereof.

15. Regulation 147 of the Customs Regulations 1922 is amended by the deletion of the figures “2s. 6d.” and the substitution of the figure “3s.” in lieu thereof.

16. Regulation 165 of the Customs Regulations 1922 is repealed and the following regulation inserted in its stead:—

“165. Each applicant for a Customs’ agent’s licence shall give security (in accordance with Form 63 or 63a) in the following sum:—

(a) If not employing a subagent, £2,000.

(b) If employing one or more subagents, an additional sum of £1,000 for each subagent.”

 

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

Overview

The Customs Regulations 1923 (Statutory Rules 1923, No. 205) were enacted by the Governor-General in Council to amend the existing Customs Regulations 1922, thereby addressing gaps and updating the regulatory framework governing customs operations. The Customs Act 1901 established the legislative foundation for customs regulation in Australia, and these regulations were designed to refine and expand upon the initial framework. The enacting body for these regulations was the Federal Executive Council, acting under the authority of the Governor-General. The policy objective was to ensure a more efficient and structured customs operation by updating fees and charges related to customs services, lockers, warehousing, and other related activities. These regulations sought to provide clarity and consistency in the fees charged for various services provided by customs officers, the licensing of warehouses for different purposes, and the supervision of specific operations such as the reduction and bottling of spirits. The amendments were aimed at streamlining customs processes and ensuring that the fees reflected the actual services provided, thereby supporting the efficient administration of customs duties and facilitating trade.

Scope and Application

This legislative instrument, the Customs Regulations 1923, operates under the Customs Act 1901-1923 and applies to various categories of personnel and entities involved in the import and export processes, including officers employed by customs, warehouse operators, and customs agents. The regulations establish specific rates for overtime work performed by customs officers, fees for the licensing of different types of warehouses such as general, private, machinery, and manufacturing warehouses, as well as fees for licences for customs agents. The scope of this legislation is national, applying across Australia, as evidenced by the specific regulations concerning different cities and general provisions that apply elsewhere. Notably, there are no exclusions or exemptions specified within the text of these regulations, although certain provisions may be waived under specific circumstances, such as when the necessary attendance by a locker can be provided without expense to the Department. The application and interpretation of these regulations may be further extended or restricted by subordinate instruments issued under the authority of the Customs Act.

Key Provisions

The Customs Regulations 1923, as amended, detail the fees and charges associated with various customs services and the operation of warehouses. Regulation 22(1) outlines the rates for officers' services when work is performed outside standard hours or on holidays. It sets different rates for officers under direct supervision, those in charge of loading or discharging goods, indoor staff, and those clearing or receiving reports on vessels, with additional charges for extended engagement periods (Regulation 22(1)). The fees for licences for general and private warehouses are detailed in Regulation 50 for major cities and in Regulation 51 for other locations, based on the services required and the tonnage capacity of the warehouse (Regulations 50 and 51). Specific fees for explosives storage and machinery and manufacturing warehouses are also set out in Regulations 53, 55, 56, 57, and 58 (Regulations 53, 55, 56, 57, and 58). Regulation 54 addresses the determination of locker requirements and the payment for locker services when not fully utilized (Regulation 54). Additional fees are specified for various operations, such as reducing and bottling spirits and re-pack, re-weigh, or re-examination charges (Regulations 76 and 94(7)). Lastly, Regulation 165 specifies the security required for customs agents, with varying amounts depending on whether sub-agents are employed (Regulation 165). These Regulations impose obligations on warehouse operators, customs officers, and customs agents. Warehouse operators must pay annual fees based on the services required and the tonnage capacity of the warehouse. Customs officers must adhere to the prescribed rates for their services when working outside standard hours or on holidays. Customs agents must provide security as outlined in Regulation 165, with amounts varying based on whether they employ sub-agents. Failure to comply with the requirements of these Regulations may result in civil or criminal penalties. For instance, incorrect charges for services or non-payment of fees could lead to financial penalties, while deliberate breaches might result in more severe consequences, including prosecution. However, the specific penalties for non-compliance are not detailed within these Regulations and would need to be determined in the context of broader legislation and administrative processes.

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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.