Customs Regulations (Amendment)

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STATUTORY RULES.

1928. No. 47.

_______

REGULATIONS UNDER THE CUSTOMS ACT 19011925.

(Fifth Amendment.)

I, THE GOVERNORGENERAL 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 19011925, operating on and from 1st January, 1928.

Statutory Rules 1927 No. 95 of 17th August 1927 are hereby cancelled.

Dated this fifth day of June, 1928.

GovernorGeneral.

By His Excellency’s Command,

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 subregulations:—

(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 eighteen years travelling with its parent or guardian, 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; provided also that in no case shall any person under the age of eighteen, years be required to make a declaration.

1523.


(4) “Personal Effects” means personal effects as determined from time to time by the ComptrollerGeneral and notified in the Gazette, and does not include any articles determined by the ComptrollerGeneral 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:—

[Front of Form]

Form 5a.

Commonwealth of Australia.

PASSENGER'S BAGGAGE DECLARATION.

Note.Each passenger except married women travelling (and disembarking) with their husbands, and except children under eighteen years of age, must make this declaration.

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

I..................................................................of*......................................................................................................................................(occupation).................................................................................. having read the notes on the back of this form do hereby declare—

†Delete whole or part if inapplicable.

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 eighteen 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 or port of........................................................and is being or will be presented to the Customs Authorities for examination.

7. That the goods listed hereunder comprise 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.

…………………………………………………

…………………………………………..

…………………………………………………

…………………………………………..

…………………………………………………

…………………………………………..

…………………………………………………

…………………………………………..

…………………………………………………

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…………………………………………………

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(b) Goods Landed for any other Person.

Description of Article

Purchase Price.

…………………………………………………

…………………………………………..

…………………………………………………

…………………………………………..

…………………………………………………

…………………………………………..

…………………………………………………

…………………………………………..

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…………………………………………………

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§ Delete which not applicable.

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

Description of Article.

Purchase Price.

…………………………………………………

…………………………………………..

…………………………………………………

…………………………………………..

…………………………………………………

…………………………………………..

…………………………………………………

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§ 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 effect 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……………………………….

Declared before me at (port)

date

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

For official use only.

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

Duty amounting to........................................paid by

Receipt No............................of...............................

Warrant No..........................of.................................

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

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

Section 234. (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.)

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Statutory Rules 1928 No. 47, enacted by the Governor-General in accordance with the advice of the Federal Executive Council, constitutes the Fifth Amendment to the Customs Regulations under the Customs Act 1901-1925. This legislative instrument was designed to address the need for streamlined and more comprehensive regulation of the landing of personal baggage by passengers upon arrival at Australian ports. The problem it aimed to solve included ensuring that personal baggage was properly declared and landed promptly, preventing any surreptitious landing of goods, and ensuring compliance with customs regulations to avoid defrauding the Commonwealth of any duty. The policy objective, as implied by the regulations, was to enhance the efficiency and effectiveness of customs operations while safeguarding the interests of the Australian government. This was achieved through the amendment of Regulation 24 to require the immediate landing of personal baggage upon arrival and the introduction of Form 5A to standardise the declaration process for passengers.

Scope and Application

The Regulations under the Customs Act 1901-1925, as amended by the Statutory Rules 1928 No. 47, apply to all passengers arriving in Australia, specifically requiring them to declare certain items in their baggage. This requirement applies to all passengers except married women travelling with their husbands and children under eighteen years of age, who need not make a separate declaration, provided the particulars of their baggage are included in the declaration of the husband, parent, or guardian. These regulations mandate that personal baggage must be landed immediately upon arrival at the destination port and cannot remain on board pending the passenger's convenience. The declaration must detail the nature and contents of the baggage, particularly if the items are intended for gift, sale, exchange, or trade, are being landed for another person, or are the passenger's property but not bona fide personal effects. This declaration is crucial for compliance with customs duties and to prevent any fraud against the Commonwealth. The Regulations extend the definition of "personal effects" and include a new form (Form 5A) for the declaration, which must be filled out by the passengers, subjecting them to penalties for any untruthful statements or failure to declare dutiable articles. The Regulations are enforced by the Comptroller-General, who has the authority to determine what constitutes personal effects and to notify the public of these determinations.

Key Provisions

The key operative sections of these Regulations under the Customs Act 1901-1925, as amended, pertain primarily to the landing of personal baggage and the declaration requirements for passengers arriving from overseas. Regulation 24 has been amended to require that the personal baggage of each passenger be landed immediately upon arrival at the destination port, and that it may not remain on board for the passenger's convenience (Regulation 24(2)). Furthermore, passengers arriving from ports beyond the Commonwealth must complete a declaration form (Form 5A) detailing the contents of their baggage, including items intended for gift, sale, exchange, or trade, or those intended for any other person, and those that are the passenger's own property but not bona fide personal effects (Regulation 24(3)). This requirement does not apply to married women travelling with their husbands or children under eighteen travelling with their parents or guardians, unless they are making a separate declaration (Regulation 24(3) proviso). The term "personal effects" is defined by the Comptroller-General and published in the Gazette, excluding any articles determined by the Comptroller-General not to be personal effects (Regulation 24(4)). The Regulations impose obligations on passengers to ensure that their personal baggage is landed immediately upon arrival at the destination port and to complete a declaration form detailing the contents of their baggage. The declaration form (Form 5A) requires passengers to list the number and description of their packages, the nature of their contents, and details of any goods that are not bona fide personal effects. Married women travelling with their husbands and children under eighteen travelling with their parents or guardians are exempt from making a separate declaration, provided the details of their baggage are included in the declaration made by the husband, parent, or guardian. Additionally, the Regulations mandate that the declaration must be truthful and that any failure to declare dutiable articles can result in the seizure of goods and penalties for the passenger. The Regulations also include provisions for civil and criminal penalties for breaches. Section 234(c) of the Customs Act stipulates that making any untrue statement in a declaration or document, or producing or delivering any such declaration or document containing any such statement, is an offence. The penalty for this offence is a fine of £100. Similarly, Section 234(g) of the Customs Act prohibits the refusal or failure to answer questions or to produce documents, with the same penalty of £100. The wilful failure to declare dutiable articles not only renders the goods liable to seizure but also subjects the passenger to the penalties provided by law.

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