Customs Regulations (Amendment)

Overview

The Statutory Rules 1923, No. 148, known as the Regulations under the Customs Act 1901-1923 (Thirteenth Amendment), were enacted to amend the Customs Regulations 1922. This legislation was introduced to address the need for updating the customs charges associated with the receipt, delivery, and storage of imported goods. The Governor-General, acting on the advice of the Federal Executive Council, made these regulations, which were intended to provide a more structured and fair system for calculating the costs related to the customs processing of various sizes of imported consignments. The policy objective behind these amendments was to ensure that the charges for customs services were transparent and proportionate to the size and weight of the imported packages, thereby providing clarity and fairness to importers.

Scope and Application

The Customs Regulations 1923 (Thirteenth Amendment) applies to the importation of goods into the Commonwealth of Australia. These regulations amend the Customs Regulations 1922, primarily modifying the fees associated with the receipt and delivery of goods. The amended regulations introduce new rates for single packages and small consignments based on their size and weight, with specific charges outlined for packages not exceeding 2 feet in measurement or 1 cwt. in weight, those between 2 and 10 feet in measurement or 1 and 5 cwt. in weight, and those between 10 and 20 feet in measurement or 5 and 10 cwt. in weight. Additionally, the amendment provides for reduced charges if the labour for the receipt and delivery of goods is sourced by the importer rather than by Customs. These regulations are applicable across the Commonwealth, and their application may be further extended or modified by subsequent legislative instruments.

Key Provisions

The Regulations under the Customs Act 1901-1923, as amended by Statutory Rules 1923, No. 148, bring about specific changes to the Customs Regulations 1922. Regulation 94(1) is amended to add new rates for the receipt and delivery of single packages and small consignments based on their size and weight. The new rates (section 1) specify that packages not exceeding 2 feet in measurement or 1 cwt. in weight are charged at a rate of 2601, those exceeding 2 feet or 1 cwt. up to 10 feet or 5 cwt. at a rate of 4001, and packages exceeding 10 feet or 5 cwt. up to 20 feet or 10 cwt. at a rate of 5002. If the labour for receipt and delivery is provided by the importer, the charges are halved. Regulation 95(1)(10) is replaced (section 2) with new charges for single packages and small consignments, specifying a range of fees based on the same size and weight categories as in Regulation 94(1). The Regulations impose clear obligations on importers regarding the payment of fees for the receipt and delivery of their goods. Importers must ensure they are aware of the size and weight of their consignments to determine the applicable fees, as outlined in Regulation 94(1) and Regulation 95(1)(10). The fees are structured to cover the receipt, delivery, cartage into bond, and initial two weeks' rent, with additional weekly rent charges thereafter. For instance, if an importer’s consignment falls within the first category (not more than 2 feet by measurement or 1 cwt. by weight), they are required to pay 5s. 6d. initially, which includes receipt, delivery, cartage, and two weeks' rent, followed by 1d. per week thereafter. Failure to comply with these payment obligations could result in penalties or other enforcement actions. The Regulations do not explicitly mention offences, penalties, or civil/criminal consequences for non-compliance. However, the implication is that failure to pay the stipulated fees might result in the Customs authorities taking appropriate measures to enforce payment. Given the historical context, such measures could include seizing the goods, delaying their release, or other administrative actions to ensure compliance with the payment requirements. The exact consequences would likely be governed by other provisions within the Customs Act 1901-1923 or subsequent regulations.