Commonwealth of Australia.
No. 129. Department of Trade and Customs,
Melbourne, 27th November, 1902.
REGULATIONS UNDER THE CUSTOMS ACT 1901.
IS Excellency the Governor-General in and over the Commonwealth of Australia, by and with the advice of the Executive Council thereof, in exercise of the powers conferred by the Customs Act 1901, has been pleased to make the following Regulations, to take effect from the 1st day of December, 1902.
C. C. KINGSTON,
Minister for Trade and Customs.
Repeal.
1. Sub-sections 3 and 4 of Regulation 8 of the Regulations under the Customs Act 1901, published in the Gazette on the 29th day of August, 1902, are hereby repealed.
Licence Fees for Warehouses where the Whole or Half the Services of a Locker are not Required.
2. In Sydney, Melbourne, Brisbane, Hobart, Adelaide and Port Adelaide, Perth, and Fremantle, the annual fees to be charged for licences for warehouses where the whole or half the services of a locker are not required, shall be according to the following scale:—
For warehouses having a tonnage capacity under 250 tons | £20 |
For warehouses having a tonnage capacity of 250 tons and under 500 tons | £30 |
For warehouses having a tonnage capacity of 500 tons and under 1,000 tons | £40 |
For warehouses having a tonnage capacity of 1,000 tons and over | £50 |
3. In places other than those above specified, the annual fees to be charged for licences for warehouses where the whole or half the services of a locker are not required shall be according to the above scale, but so that the amounts of the fees shall be three-fourths of the above amounts.
4. The tonnage capacity of each warehouse shall be calculated at the rate of 40 cubic feet to the ton, but so that not more than 10 feet above the level of each floor shall be included in the tonnage capacity.
5. The services of a locker when required shall be paid for at the rate of Two shillings per hour or part thereof.
Overview
The Customs Act 1901, enacted by the Parliament of the Commonwealth of Australia, aimed to establish a comprehensive framework for customs regulations and administration. The 1902 Regulations under the Customs Act 1901, made by the Governor-General in Council, sought to refine and specify certain administrative and procedural aspects of the Act, particularly focusing on the licensing of warehouses and the associated fees. This legislative instrument was designed to ensure a more structured approach to managing customs operations and to address any practical implementation issues that had arisen since the Act's initial enactment. The policy objective was to streamline the customs process while maintaining effective oversight and control over the importation and exportation of goods.
Scope and Application
The Regulations under the Customs Act 1901 apply to the licensing of warehouses within the Commonwealth of Australia, particularly in the major cities of Sydney, Melbourne, Brisbane, Hobart, Adelaide, Port Adelaide, Perth, and Fremantle, as well as other locations across the nation where the specified fees are adjusted to three-fourths of the prescribed rates. These regulations delineate the annual licence fees for warehouses based on their tonnage capacity, which is measured at a rate of 40 cubic feet to the ton, with an upper limit of 10 feet above the level of each floor. Furthermore, the regulations specify the fees for the services of a locker, which are charged at a rate of two shillings per hour or part thereof. These regulations do not explicitly state any exclusions, exemptions, or thresholds beyond the fee structures provided, and they are enforced through the administrative processes outlined under the Customs Act 1901.
Key Provisions
The primary provisions of these Regulations under the Customs Act 1901 include the repeal of certain sections of previous regulations (section 1), and the establishment of a fee schedule for warehouse licenses in specific locations (section 2). The tonnage capacity of warehouses is calculated at a rate of 40 cubic feet per ton, with a maximum height of 10 feet above each floor considered (section 4). Additionally, the cost of locker services is specified at two shillings per hour or part thereof (section 5).
These Regulations impose specific obligations on warehouse operators. They must pay the prescribed annual license fees based on their warehouse's tonnage capacity, as outlined in the fee schedule. Operators must also ensure that the tonnage capacity of their warehouses is accurately calculated according to the specified rate and height limitations. Furthermore, if locker services are required, operators must be prepared to pay the stipulated rate of two shillings per hour for such services.
Failure to comply with the provisions of these Regulations could result in various consequences. While the Regulations themselves do not explicitly state offences or penalties, breaches of the Customs Act 1901 or its associated regulations could lead to enforcement actions under the Act. These actions could include fines, imprisonment, or other civil or criminal penalties as deemed appropriate by the relevant authorities. The severity and type of penalty would depend on the specific nature of the breach and any applicable provisions within the Customs Act 1901.