Enforcement of Penalties and Forfeitures Regulations (Provisional)

Legislation au C1905L00007 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1905. No. 7.

———

PROVISIONAL REGULATIONS 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 Regulations, under the Customs Act 1901, should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this fifth day of January, One thousand nine hundred and five.

NORTHCOTE,

Governor-General.

By His Excellency’s Command,

A. McLEAN.

——

Provisional Regulations for the Enforcement of Penalties and Forfeitures under Part XV. of the Customs Act 1901.

1. (1) Any order made by the Minister under Part XV. of the Customs Act 1901 for the enforcement of any penalty or forfeiture which he has determined has been incurred may be filed in any court of summary jurisdiction, and thereupon the order shall have effect as if it were an order of that court.

(2) Subject to these Regulations, all laws of the State relating to the enforcement of orders of courts of summary jurisdiction in force in the place where the court in which the order is filed is situated shall, to the extent to which they are applicable, apply to all matters relating or incidental to, or in connexion with, the enforcement of the penalty or forfeiture specified in the order so filed, and to any process for such enforcement.

(3) On the application of any officer of Customs, any justice of the peace having jurisdiction in the place may issue a warrant of execution, or warrant of commitment, or other process applicable for the purpose of the enforcement of the order so filed.

2. A warrant of execution may be in accordance with the Form A in the Schedule, or in accordance with any form of warrant of execution or distress (applicable to the circumstances) under any law in force in the State where the warrant is issued.

3. A warrant of commitment may be in accordance with the Form B in the Schedule, or in accordance with any form of warrant of commitment (applicable to the circumstances) under any law in force in the State where the warrant is issued.

C.12918.—Price 3d.


4. Any form of warrant of execution, warrant of commitment, or other process, whether provided by these Regulations or by the law of the State, may be varied according to the circumstances of the case, and no warrant of execution, warrant of commitment, or other process shall be held to be invalid by reason of want of form.

——

The Schedule.

form a.

Warrant of Execution.

To

Whereas an order dated the    day of   190  by the Minister of State for the Commonwealth of Australia administering the Customs for the enforcement of a penalty of                                                        imposed upon                                          of                                          by an order of the said Minister made under Part XV. of the Customs Act 1901, and dated the                                          day of                                                        190 has been filed in the court of summary jurisdiction                                          at in the State of                                          And whereas by the said first-mentioned order it was ordered that the said penalty be enforced by the levy of execution against the goods and chattels of the said                                          and in default of sufficient goods and chattels by imprisonment of the said                            for a period of                                                        unless the said penalty is sooner paid. And whereas the said penalty has not been paid. Now therefore these are to command you in His Majesty’s name forthwith to take the goods and chattels of the said                                                        and if within the space of                                                        days next after taking them the said penalty together with the reasonable charges of taking and keeping the said goods and chattels is not paid that you then sell the said goods and chattels and pay the money arising by such sale to                                          at                                          in the said State, and if no goods and chattels can be found that you certify the same to me or some other justice of the peace.

Given under my hand at    in the State of    in the Commonwealth of Australia the                                          day of                                                        190              .

_____________________________________J. P.

form b.

Warrant of Commitment.

To

and to the Keeper of His Majesty’s Gaol at

Whereas an order dated the    day of   190  by the Minister of State for the Commonwealth of Australia administering the Customs for the enforcement of a penalty of                                          imposed, upon                                          of                                          by an order of the said Minister made under Part XV. of the Customs Act 1901, and dated the                                          day of                                                        190  has been filed in the court of summary jurisdiction at                            in the State of                                                        And whereas by the said first-mentioned order it was ordered that the said penalty be enforced by the levy of execution against the goods and chattels of the said                                                        and in default of sufficient goods and chattels by imprisonment of the


said    for a period of    unless the said penalty is sooner paid. And whereas the said                            has not paid the said penalty. And whereas a warrant of execution has been issued against the goods and chattels of the said                            and it appears by the return to the said warrant that no sufficient goods and chattels of the said                                          have been found. Now these are therefore to command you in His Majesty’s name to apprehend the said                                          and unless the said penalty is sooner paid deliver him into the keeping of the keeper of the gaol at                                          together with this warrant. And to command you the said keeper to receive the said                                                        into your custody in the said gaol there to imprison him for the period of                                          unless the said penalty and all costs and charges of the said execution and of the commitment and conveying of the said                                          to the said gaol amounting to the further sum of                                                        be sooner paid to you or unless you sooner receive a certificate from the clerk of the court at                                                                      or the Collector of Customs at                                          that the said penalty and costs and charges have been paid. And for so doing this shall be your sufficient warrant.

Given under my hand   at in the State of    in the Commonwealth of Australia this                                          day of                                          190

_____________________________________J.P.

 

By Authority: Robt. S. Brain, Government Printer, Melbourne.

Overview

The Provisional Regulations under the Customs Act 1901, enacted in 1905, were introduced to address the urgent need for enforcement mechanisms to impose penalties and forfeitures as determined by the Minister of State administering the Customs. This legislation was enacted by the Governor-General in the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to ensure that the enforcement of penalties and forfeitures under Part XV of the Customs Act 1901 could be carried out efficiently and effectively. These regulations allow for the enforcement orders made by the Minister to be filed in any court of summary jurisdiction, thereby facilitating the collection of penalties and forfeitures and providing a structured process for the execution and commitment warrants, in line with the existing state laws.

Scope and Application

The Provisional Regulations under the Customs Act 1901 apply to the enforcement of penalties and forfeitures determined by the Minister for Customs, extending to any person or entity that has incurred a penalty or forfeiture under Part XV of the Customs Act. These Regulations are applicable throughout the Commonwealth of Australia and are designed to expedite the enforcement of penalties by enabling the Minister's orders to be filed in any court of summary jurisdiction, thereby ensuring that state laws on enforcement procedures are followed to the extent applicable. Any officer of Customs can apply to a justice of the peace for a warrant of execution or commitment, which can then be enforced by local authorities. Notably, these Regulations allow for the use of state-specific forms of warrants and processes for enforcement, provided they are appropriate to the circumstances. There are no explicit exclusions or exemptions mentioned in the text, but the application and validity of the warrants and processes may be subject to variation based on the specific case circumstances.

Key Provisions

The Provisional Regulations under the Customs Act 1901, particularly Part XV, detail the process for enforcing penalties and forfeitures. Section 1(1) allows any order made by the Minister for the enforcement of a penalty or forfeiture to be filed in a court of summary jurisdiction, where it will have the same effect as a court order. Section 1(2) states that state laws applicable to the enforcement of summary court orders will also apply to these enforcement matters, to the extent they are relevant. Section 1(3) permits a justice of the peace to issue a warrant of execution, commitment, or other applicable process for enforcing the filed order, upon application by a Customs officer. These Regulations impose specific obligations on various parties involved in the enforcement process. Customs officers are required to apply to a justice of the peace for the issuance of enforcement warrants, as per section 1(3). Justices of the peace must then issue appropriate warrants, such as a warrant of execution or commitment, according to the circumstances outlined in sections 2 and 3. The forms for these warrants are provided in the Schedule, but they can be varied as necessary, as stated in section 4. Breaches of the Regulations or failure to comply with the enforcement orders could lead to legal consequences. While the Regulations themselves do not specify particular offences or penalties, the underlying Customs Act 1901 does outline various offences and penalties for non-compliance with customs laws, including fines and imprisonment. The exact penalties would depend on the specific breach and the relevant provisions of the Customs Act 1901.

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Offence Provisions
Enforcement Powers
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