Customs Regulations (Amendment)

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STATUTORY RULES

1951, No. 106.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1950.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1950.

Dated this eighteenth

day of  September, 1951.

J. NORTHCOTT

Administrator.

By His Excellency’s Command,

(Sgd.) Neil O’Sullivan

Minister of State for Trade and Customs.

Amendments of the Customs Regulations.

1. Regulation 25 of the Customs Regulations is amended by inserting, after sub-regulation (1.), the following sub-regulation :—

 “ (1aa.) A requirement made under section 216 of the Act may be in accordance with Form 45AA.”.

2. Regulation 39 of the Customs Regulations is repealed and the following regulation inserted in its stead :—

“ 39.— (1.) Goods sent to a warehouse shall be accompanied by a cart note in triplicate―

(a) in the case of unentered goods, in accordance with Form 18 ; or

(b) in the case of other goods, in accordance with Form 13.

“ (2.) The receiving officer shall return one copy of the cart note, duly receipted, to the officer by whom it was issued.”.

3. Regulation 42 of the Customs Regulations is amended by omitting the word and figures “ Form 17 ” and inserting in their stead the word and figures “ Form 13 ”.

4. Regulation 46 of the Customs Regulations is amended by omitting the words and figures “ Form 19 or ”.

* Notified in the Commonwealth Gazette on 18 September, 1951.

* Statutory Rules 1926. No. 203, as amended by Statutory Rules 1927, Nos. 17, 95 and 121; 1928, Nos. 47, 57, 74 and 95; 1929, Nos. 25, 56 and 127; 1930, Nos. 91, 138 and 140; 1931, Nos. 16, 42 and 90; 1932, No. 90; 1933, Nos. 21, 105, 106 and 129; 1934, Nos. 109 and 127; 1935, Nos. 1, 41, 69 and 113; 1936, Nos. 49 and 163; 1938, No. 111; 1939, No. 157; 1940, Nos. 203 and 156; 1946, Nos. 127 and 161; 1947, nos. 29, 83, 94 and 152; 1948, No. 156; 1949, Nos. 34, 78, 95 and 111; 1950, No. 17; and 1951, Nos. 34 and 38.

3352.—Price 5d.          9/12.8.1951.

5. Regulation 82 of the Customs Regulations is amended by omitting the word and figures “ Form 32 ” and inserting in their stead the word and figures “ Form 13 ”.

6. Regulation 88 of the Customs Regulations is amended by omitting the word and figures “ Form 32 ” and inserting in their stead the word and figures “ Form 13 ”.

7. Regulation 93 of the Customs Regulations is amended by omitting from in the table in sub-regulation (1.) all the words and figures from and including the words and figures—

“ 5. GRAIN, RICE. OATMEAL, FLOUR, SALT, SUGAR, per ton

5

6

0

6 ”

to and including the words and figures—

“ 7. MOTOR CARS ...........................................

35

0

0

9 ”

and inserting in their stead the words and figures—

“ 5. GRAIN, RICE. OATMEAL, FLOUR, SALT, SUGAR, per ton

5

6

0

6

6. HEAVY GOODS—

 

 

 

 

Per ton weight for receipt and delivery; per ton measurement for rent—

 

 

(a) In packages over 10 cwt. and not exceeding 20 cwt. by weight......

9

0

0

(b) In packages over 20 cwt. and not exceeding 30 cwt. by weight......

12

9

0

(c) In packages over 30 cwt. and not exceeding 40 cwt. by weight......

15

3

0

8

(d) In packages over 40 cwt. and not exceeding 50 cwt. by weight......

20

3

0

8

(e) In packages over 50 cwt. and not exceeding 60 cwt, by weight......

30

3

0

9

(f) In packages over 60 cwt. and not exceeding 70 cwt. by weight......

32

9

0

9

(g) In packages over 70 cwt. and not exceeding 80 cwt. by weight .....

35

3

0

10

(h) In packages over 80 cwt...............................

40

3

1

0

7. MOTOR CARS—

Per ton weight for receipt and delivery; per ton measurement for rent........

 

 

 

 

35

0

0

9 ”

8. Regulation 95 of the Customs Regulations is amended by omitting from the table in sub-regulation (1.) all the words and figures from and including the words and figures—

“ 5. GRAIN, RICE. OATMEAL, FLOUR, SALT, SUGAR, per ton

8

0

0

8 ”

to and including the words and figures—

“ 7. MOTOR CARS ...........................................

40

0

0

11 ”

and inserting in their stead the words and figures—

“ 5. GRAIN, RICK, OATMEAL, FLOUR, SALT, SUGAR, per ton

8

0

0

8

6. HEAVY GOODS—

 

 

 

 

Per ton weight for receipt and delivery; per ton measurement for rent—

 

 

 

 

 

 

 

 

(a) In packaged over 10 cwt. and not exceeding 20 cwt, by weight.....

11

6

0

8

(b) In packages over 20 cwt. and not exceeding 30 cwt. by weight.....

15

6

0

9

(c) In packages over 30 cwt, and not exceeding 40 cwt. by weight.....

17

9

0

10

(d) In packages over 40 cwt. and not exceeding 50 cwt. by weight.....

22

9

1

0

(e) In packages over 50 cwt. and not exceeding 60 cwt. by weight.....

32

9

1

0

6. HEAVY GOODS—continued.

(f) In packages over 60 cwt. and not exceeding 70 cwt. by weight......

35

0

1

2

(g) In packages over 70 cwt. and not exceeding 80 cwt. by weight.....

37

9

1

2

(h) In packages over 80 cwt...............................

42

9

1

4

7. MOTOR CARS—

Per ton weight for receipt and delivery; per ton measurement for rent........

 

 

 

 

40

0

0

11 ”.

9. The Customs Regulations are amended by omitting from the subheading to regulations 98, 90, 100 and 100a the words “ Stiffening Permit,—”.

10. Regulation 98 of the Customs Regulations is repealed.

11. Regulation 131 of the Customs Regulations and the heading to that regulation are repealed.

12. The Schedule to the Customs Regulations is amended—

(a) by inserting in Form 5, after the words “ Chief Steward ” the words “ or other officer of the Ship ”;

(b) by omitting Form 13 and inserting in its stead the following Form :—

Regs. 39, 42, 82, 88. Form 13. No.

AUSTRALIAN CUSTOMS.

CART, BOAT OR LIGHTER NOTE FOR GOODS REMOVED UNDER CUSTOMS CONTROL.

State of

Port of

*Station

Warehouse

 / /19 .

Forwarded the undermentioned goods from the

*ship

warehouse

reported

to be delivered to the

*ship

warehouse

by licensed carriage, boat or lighter No. .

Customs Officer.

Entry No. and/or Bond Mark.

Marks and Nos.

No. of Packages.

Description of Packages and Goods.

By Whom Removed,

 

 

 

 

 

Total number of packages (in words)...............

Received the abovementioned goods.

Goods received.

Lighterman or Driver of Carriage. Customs Officer.

Time Time / /19      .

*Station

Warehouse”;

* Delete whichever inapplicable.

(c) by omitting Form 17;

(d) by omitting Form 18 and inserting in its stead the following Form:—

Regs. 39, 44. Form 18. No.

AUSTRALIAN CUSTOMS.

CART NOTE FOR GOODS REMOVED UNDER CUSTOMS CONTROL.

(Unentered Goods or Goods for King’s Warehouse.)

Wharf or Station.

19 .

Forwarded the undermentioned goods from the ship from

 reported to be delivered to 

Warehouse, by licensed carriage No. 

Customs Officer.

Manifest Line.

Marks and Nos.

No. of Packages.

Description of Packages and Goods.

 

 

 

 

Total number of packages (in words)................

Received the abovementioned goods. Goods received into warehouse.

Driver of Carriage, Locker.

Time Time / /19   .

Carriers

Received the abovementioned goods into Warehouse.

Warehouse Proprietor.

/ /19 .”;

(e) by omitting Form 19;

(f) by omitting Form 20 and inserting in its stead the following Form:—

Secs. 74 to 76. “ Form 20. No. 

Regs. 46 to 48. AUSTRALIAN CUSTOMS.

TRANSIT PERMIT.

(Authority to unship imported goods for transfer, coastwise or inland.)

(In duplicate.)

Under Customs Control.

State of Port of 19 .

Permission is requested to unship the undermentioned imported goods for transfer to the port of in the State of             

Ex the from Reported

Station.

Owner or Agent.

Security No. 

Approved— Collector.

To the Examining Officer at Station.

No. on Manifest or Transire.

Marks and Nos.

No. and Description of Packages.

Description of Goods.

Form 23 No.

 

 

 

 

 

packages forwarded for ship- packages forwarded for ship-

ment per ment per

Examining Officer. Examining Officer.

/ /19 . / /19 .

packages forwarded for ship- packages forwarded for ship-

ment per ment per

Examining Officer. Examining Officer.

/ /19 . / /19 .”;

(g) by omitting Form 32;

(h) by omitting Form 36;

(i) by inserting after Form 45 the following Form :—

Sections 42, 216. “ Form 45aa.

Reg. 25. AUSTRALIAN CUSTOMS.

Customs Act 1901-1950.

NOTIFICATION TO IMPORTER (Sections 42 and 216).

Customs and Excise Office,

To

Re packages of marked and numbered

as shown in the margin and invoiced on by

and entered by as agent on behalf of

ex SS. “ ” by Entry No. dated

* Strike out whichever is not applicable.

1. Take notice that pursuant to section 216 of the Customs Act 1901-1950 I require from you, as

the owner of the above-mentioned goods within the meaning of that Act, proof by

*declaration

the production of documents

that those goods are properly described, valued and rated for duty.

2. And further take notice that pursuant to section 42 of the Customs Act 1901-1950 I require you to furnish security to the amount of £              by cash deposit for the protection of the revenue of the Customs in connexion with the importation of the abovementioned goods.

3. Pending such proof or the giving of the security hereby required I refuse to deliver the abovementioned goods or to pass any entry relating thereto.

Dated this day of 19

Collector of Customs for the

State of .”; and

(j) by omitting from Form 45a the words “ described, valued or rated ” and inserting in their stead the words “ described, valued and rated ”.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

 

Overview

The Statutory Rules 1951, No. 106, titled Regulations under the Customs Act 1901-1950, was enacted to amend and clarify various procedures related to the importation of goods into Australia. This legislation was introduced to address the need for streamlined customs processes and the updating of forms and rates associated with customs control. The regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, with the aim of ensuring efficient customs operations. The regulations include amendments to the forms and processes for the movement of goods into warehouses, the introduction of new forms for customs notifications, and adjustments to the rates for the storage and handling of heavy goods. The objective of these changes was to enhance the administration and enforcement of customs duties and regulations.

Scope and Application

The Statutory Rules 1951, No. 106, made under the Customs Act 1901-1950, pertain to the regulation of customs processes in Australia. These regulations apply to all goods imported into Australia and the entities involved in the importation process, including importers, customs officers, and warehouse operators. The regulations cover various aspects of customs operations, such as the documentation required for goods entering warehouses, the forms to be used for customs control, and the security requirements for the protection of customs revenue. Geographically, these regulations apply across the Commonwealth of Australia, ensuring a uniform approach to customs management. The regulations include specific amendments to existing forms and procedures, such as the introduction of new forms (e.g., Form 45AA) and the amendment of existing forms (e.g., Form 13, Form 18, and Form 20) to streamline customs processes. Additionally, the regulations detail the tariffs and charges associated with the receipt and delivery of heavy goods, as well as the rental of storage space for these goods. The scope of these regulations extends to both Commonwealth and state jurisdictions, thereby ensuring cohesive customs administration across all Australian territories.

Key Provisions

The main operative sections of these regulations pertain to the Customs Regulations and the associated forms to be used under the Customs Act 1901-1950. For example, Regulation 25 is amended to include a new sub-regulation (1aa) which allows a requirement under section 216 of the Act to be in accordance with Form 45AA (paragraph 1). Regulation 39, which previously required goods sent to a warehouse to be accompanied by a cart note, is repealed and replaced with new provisions in which goods must now be accompanied by a cart note in triplicate, in accordance with either Form 18 for unentered goods or Form 13 for other goods (paragraph 2). Additionally, various forms, such as Form 13, Form 18, and Form 20, are updated or inserted to reflect these changes (paragraphs 12(a)-(j)). The regulations impose several obligations on the parties involved. For instance, goods sent to a warehouse must now be accompanied by a cart note in triplicate as per the new Regulation 39 (paragraph 2). The receiving officer is required to return one copy of the cart note, duly receipted, to the officer who issued it (paragraph 2). Importers are required to provide proof that the goods are properly described, valued, and rated for duty, as per section 216 of the Act, and to furnish security in accordance with section 42 of the Act (paragraph 1). Furthermore, certain forms, such as Form 45AA, must be used to notify importers of these requirements (paragraph 1). Failure to comply with these regulations may result in various penalties and consequences. For instance, if an importer fails to provide the required proof or security, the Collector of Customs may refuse to deliver the goods or pass any entry relating to them (paragraph 1). Although the specific penalties for non-compliance are not detailed in these regulations, under the Customs Act 1901-1950, there are both civil and criminal penalties for breaches of customs laws, which can include fines and imprisonment depending on the severity of the offence.

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Area of Law
Customs & Excise Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
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