STATUTORY RULES.
1908. No. 7.
REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901.
(Issued provisionally as Statutory Rules 1907, No. 107.)
I, THE GOVERNOR‑GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the undermentioned amended Regulations under the Post and Telegraph Act 1901, namely :—
Postal Regulations.
Letters and Packets liable to Customs Duty,
to come into operation on the 25th day of January, 1908.
Dated this thirty‑first day of December, One thousand nine hundred and seven.
NORTHCOTE,
Governor‑General.
By His Excellency's Command,
SAMUEL MAUGER.
Postal Regulations.
Packets liable to Customs Duties.
The Regulations under this head are repealed; and the following Regulations substituted in lieu thereof :—
Letters and Packets liable to Customs Duty.
1. Any letter received from a place beyond the Commonwealth, which is suspected to contain any article or articles on which Customs duty should be paid, must be opened by the addressee, or his representative, for examination by Customs Officers, and the duty, as assessed by the Customs Officers, must be paid before such letter can be delivered to the addressee.
2. Any packet received from a place beyond the Commonwealth, which contains, or is suspected to contain, any article or articles on which Customs duty should be paid, may be opened for examination, and the duty, as assessed by the Customs Officers, must be paid before such packet can be delivered to the addressee.
3. Any letter or packet containing articles forwarded in violation of any Act or regulation of the Customs shall be forwarded to the Collector of Customs, to be dealt with in the usual manner.
By Authority : J. Kemp, Acting Government Printer, Melbourne.
Overview
The Statutory Rules 1908, No. 7, enacted as Regulations under the Post and Telegraph Act 1901, aim to address the issue of ensuring that Customs duties are collected on goods imported into Australia via postal services. These regulations, issued provisionally as Statutory Rules 1907, No. 107, were made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The overarching policy objective is to facilitate the enforcement of Customs regulations on postal items, ensuring compliance with existing laws and regulations governing imported goods. Letters and packets suspected of containing articles liable for Customs duty must be opened and examined by Customs Officers, with duties paid before delivery to the addressee, thereby maintaining the integrity of the Customs system and preventing the evasion of Customs duties.
Scope and Application
The Postal Regulations outlined in the Statutory Rules of 1908, No. 7, are amendments made under the Post and Telegraph Act 1901 and pertain specifically to the examination and handling of letters and packets liable to customs duty. These regulations apply to any letters and packets received from locations beyond the Commonwealth that are suspected of containing articles subject to customs duties. The application of these regulations is primarily within the jurisdiction of the Commonwealth, affecting both the postal service and customs authorities. Letters and packets must be opened for inspection by the addressee or their representative, and any applicable customs duties must be paid before delivery can occur. Additionally, any letters or packets that are found to contain articles in violation of customs regulations will be forwarded to the Collector of Customs for appropriate action. These regulations do not specify any exclusions or exemptions but operate under the broader authority granted by the Post and Telegraph Act 1901.
Key Provisions
The amended Regulations under the Post and Telegraph Act 1901 introduce specific provisions related to letters and packets liable to Customs Duty (Regulation 1). Regulation 1(1) requires any letter received from a place outside the Commonwealth that is suspected to contain articles on which Customs duty should be paid to be opened by the addressee or their representative for examination by Customs Officers. The Customs duty, as assessed by these officers, must be paid before the letter can be delivered to the addressee. Similarly, Regulation 1(2) states that any packet received from outside the Commonwealth, which contains or is suspected to contain articles liable for Customs duty, may be opened for examination, and the duty must be paid before the packet can be delivered. Furthermore, Regulation 1(3) mandates that any letter or packet containing articles forwarded in violation of any Customs Act or regulation shall be forwarded to the Collector of Customs for appropriate action.
These Regulations impose obligations on the addressees of letters and packets from overseas, requiring them to cooperate with Customs Officers in the examination of their mail if it is suspected to contain dutiable articles. Addressees must pay any Customs duty assessed by the Officers before the mail can be delivered. Additionally, if any articles are found to be in violation of Customs laws, the mail must be forwarded to the Collector of Customs. These provisions ensure compliance with Customs regulations and facilitate the proper assessment and collection of duties on imported goods.
Failure to comply with these Regulations can result in legal consequences. For instance, if an addressee does not pay the assessed Customs duty before delivery of the mail, they may face civil or criminal penalties. While the specific penalties are not detailed in the Regulations, it is reasonable to infer that non-compliance could lead to fines, confiscation of the goods, or other enforcement actions as provided under the broader Customs Act and related legislation. The precise penalties would be determined by the relevant authorities in accordance with the applicable laws.