STATUTORY RULES.
1907. No. 105.
PROVISIONAL REGULATION UNDER THE CUSTOMS ACT 1901.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Customs Act 1901 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this 11th day of October, One thousand nine hundred and seven.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
AUSTIN CHAPMAN.
General and Private Warehouses for the Storage of Explosives.
55(a). 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.
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C.12896.—Price 3d.
Overview
The Statutory Rules 1907 No. 105, enacted by the Governor-General in Council under the Customs Act 1901, addresses the need for regulating the storage of explosives in warehouses. This Provisional Regulation came into immediate operation due to its urgency, as certified by the Governor-General, Northcote, on 11 October 1907. The primary objective of this legislation is to establish the annual fee for licences required to operate general or private warehouses specifically intended for storing explosives, setting this fee at £1. The regulation was enacted to ensure the safe and controlled storage of potentially hazardous materials, thereby mitigating risks associated with improper handling and storage of explosives.
Scope and Application
The Provisional Regulation under the Customs Act 1901 pertains specifically to the licensing of general and private warehouses intended for the storage of explosives, whether they be situated on land or floating. This regulation applies to any entity or individual who seeks to operate such a warehouse within the Commonwealth of Australia, imposing an annual fee of £1 for the issuance of a licence. The geographic reach of this legislation is national, as it operates within the framework of the Commonwealth’s customs legislation. The regulation does not explicitly state exclusions or exemptions, but it is inherently limited to the specified use of storing explosives, thereby excluding other types of storage facilities. Any modifications or extensions to the regulation’s application may be made through subordinate instruments issued under the authority of the Customs Act 1901, ensuring that the regulation can be adapted to meet changing needs or circumstances.
Key Provisions
The main operative sections of this Provisional Regulation (C1907L00105) under the Customs Act 1901 establish the requirements and fees for the licensing of warehouses used for the storage of explosives. Section 55(a) sets the annual fee for licenses of magazines, which can be either general or private warehouses, floating or otherwise, and are intended solely for the storage of explosives, at £1. The regulation aims to formalise and control the storage of explosives through licensing and fees, ensuring that such activities are managed under strict oversight.
The obligations and requirements imposed by this Act on parties or entities include obtaining a licence to operate a warehouse for the storage of explosives. These entities must ensure their facilities meet the regulatory standards for safe storage and are compliant with the fees outlined in the Act. The licence is necessary to legally store explosives in the specified warehouses, and failure to comply with the licensing and fee requirements can result in legal consequences.
In terms of offences, penalties, or civil/criminal consequences for breach, the regulation does not explicitly detail specific sanctions within the provided text. However, under the broader Customs Act 1901, non-compliance with regulations governing the storage of explosives can lead to significant penalties. Typically, breaches of customs regulations can result in fines and imprisonment. The maximum penalties for offences under the Customs Act can include fines of up to $22,200 and/or imprisonment for up to two years for individuals, and much higher penalties for corporations, reflecting the serious nature of non-compliance with such regulations.