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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
Australia’s first Customs Regulations (Oct 1901) put the Customs Act into practice as the operational manual for national border controls. They set out how ships and goods are cleared, import/export procedures, bonded warehousing and deferred duty, inter‑state movement rules, licensing for agents and conveyances, and customs hours/pay.
They affected importers, exporters, shippers, warehouses and agents, and mattered because they standardized nationwide forms and procedures and established the practical framework for trade and border control after Federation.
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Direct links to the current provisions in Customs Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Commonwealth of Australia,
Department of Trade and Customs,
10th October, 1901.
REGULATIONS UNDER THE CUSTOMS ACT 1901.
H
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 of 1901, has been pleased to approve of the following Regulations made under the provisions of the said Act, such Regulations to take effect on and from the first day of November, 1901.
C. C. KINGSTON,
Minister of State for Trade and Customs.
THE COMMONWEALTH OF AUSTRALIA.
CUSTOMS REGULATIONS.
Sec. 14. THE CUSTOMS FLAG.
1. The Customs flag shall be the Blue Ensign, with the addition in the fly of the letters “H.M.C.” in bold character, and the word “Australia.”
Sec. 20. CARRIAGE, BOAT, AND LIGHTER LICENCES.
2. Licences for carriages, boats, and lighters may be issued by the State Collector according to Forms 1 and 2 respectively of the Schedule.
3. A fee of Five shillings shall be charged for each carriage, boat, or lighter in respect of which a licence is issued; and the licence shall remain in force for a period of one year from the date of issue, unless previously cancelled.
4. Applications for Carriage, Boat, and Lighter Licences shall be made to the Collector, in writing, and shall be accompanied by the amount of the licence-fee.
5. One licence may be issued in respect of all carriages, boats, or lighters owned by one person.
6. Each carriage, boat, or lighter must have a separate and consecutive number, which must be painted prominently thereon with the letters “H.M.C.”
7. Before a Carriage, Boat, or Lighter Licence is issued, the owner of the carriage, lighter, or boat to be licensed shall give security in the sum of £100 with one approved surety.
8. The conditions of the security for a Carriage Licence shall be as follow :—
(a) The carriage shall not be used in contravention of any Customs Acts.
(b) When being used in the conveyance of goods under the control of the Customs, the driver of the carriage shall proceed as quickly and directly as possible to his destination, and shall hand over the goods intact to the proper officer, together with any Customs documents handed to him in connexion therewith.
(c) The owner of the carriage shall be responsible for any deficiency and the duty thereon (if any) between the quantity of goods loaded on and that delivered from the carriage.
9. The conditions of the security for a Boat or Lighter Licence shall be as follow:—
(a) The boat or lighter shall not be used in contravention of any Customs Acts.
(b) The boat or lighter shall be taken as quickly and directly as possible to the place appointed for the landing or discharge of the goods therefrom, and the person in charge of the boat or lighter shall hand over the goods intact to the proper officer, together with any Customs documents handed to him in connexion therewith.
(c) The hatchways (if any) shall be capable of being firmly secured; and locks and fittings approved by the proper officer shall be supplied at the expense of the owner.
(d) The owner of the boat or lighter shall be responsible for any deficiency and the duty thereon (if any) between the quantity of goods loaded on and that delivered from the boat or lighter.
10. If any licensed carriage, boat, or lighter is sold, lost, or rendered unfit for the purpose for which it was licensed, the licence shall be returned to the Collector, and shall be cancelled if it is for that carriage, boat, or lighter only, or amended to exclude that carriage, boat, or lighter if more than one is included in the licence.
Sec. 28. HOURS OF ATTENDANCE.
11. On all week days, the working hours of the Customs shall be as follows:—
<table cellspacing="0" cellpadding="0" style="width:100%; margin-right:auto; margin-left:auto; border-collapse:collapse"><tbody><tr style="height:16.5pt"><td colspan="2" style="width:418.2pt; padding-right:2pt; padding-left:2pt; vertical-align:bottom; background-color:#ffffff"><p style="margin-left:43.2pt; text-align:justify; background-color:#ffffff"><span>Indoor staff</span><span style="width:305.87pt; font-family:'Lucida Console', monospace; display:inline-block">..................................................</span></p></td><td style="width:177.55pt; padding-right:2pt; padding-left:2pt; vertical-align:bottom; background-color:#ffffff"><p style="text-align:justify; background-color:#ffffff"><span>9 a.m. to 4.30 p.m.</span></p></td></tr><tr style="height:15.8pt"><td style="width:290pt; padding-right:2pt; padding-left:2pt; vertical-align:bottom; background-color:#ffffff"><div style="width:100%; height:15.8pt; display:inline-block; overflow:visible"><p style="margin-left:43.2pt; text-align:justify; background-color:#ffffff"><span style="height:0pt; text-align:left; display:block; position:relative; z-index:0"><img src="image.004.png" width="14" height="27" alt="" style="margin-top:9.9pt; margin-left:224.8pt; position:absolute"></span><span>Outdoor staff, including lockers</span></p></div></td><td style="width:124.2pt; padding-right:2pt; padding-left:2pt; vertical-align:bottom; background-color:#ffffff"><p style="text-align:justify; background-color:#ffffff"><span>Winter</span><span style="width:85.94pt; font-family:'Lucida Console', monospace; display:inline-block">..............</span></p></td><td style="width:177.55pt; padding-right:2pt; padding-left:2pt; vertical-align:bottom; background-color:#ffffff"><p style="text-align:justify; background-color:#ffffff"><span>8.30 a.m. to 5 p.m.</span></p></td></tr><tr style="height:13.5pt"><td style="width:290pt; padding-right:2pt; padding-left:2pt; vertical-align:bottom; background-color:#ffffff"><p style="text-align:justify"><span></span></p></td><td style="width:124.2pt; padding-right:2pt; padding-left:2pt; vertical-align:bottom; background-color:#ffffff"><p style="text-align:justify; background-color:#ffffff"><span>Summer</span><span style="width:79.81pt; font-family:'Lucida Console', monospace; display:inline-block">.............</span></p></td><td style="width:177.55pt; padding-right:2pt; padding-left:2pt; vertical-align:bottom; background-color:#ffffff"><p style="text-align:justify; background-color:#ffffff"><span>8. a.m. to 5 p.m.</span></p></td></tr></tbody></table>
Half-an-hour may be allowed for luncheon. On Saturdays work shall cease at 12 noon.
<table cellspacing="0" cellpadding="0" style="width:100%; margin-right:auto; margin-left:auto; border-collapse:collapse"><tbody><tr style="height:17.2pt"><td style="width:376.6pt; padding-right:2pt; padding-left:2pt; vertical-align:bottom; background-color:#ffffff"><p style="margin-left:43.2pt; text-align:justify; background-color:#ffffff"><span>Summer, 1st October to 31st March</span><span style="width:173.49pt; font-family:'Lucida Console', monospace; display:inline-block">............................</span></p></td><td rowspan="2" style="width:195.4pt; padding-right:2pt; padding-left:2pt; vertical-align:middle; background-color:#ffffff"><div style="width:100%; height:17.2pt; display:inline-block; overflow:visible"><p style="margin-top:12pt; margin-left:21.6pt; background-color:#ffffff"><span style="height:0pt; margin-top:-12pt; display:block; position:relative; z-index:7"><img src="image.005.png" width="14" height="34" alt="" style="margin-top:6.15pt; margin-left:-19.7pt; position:absolute"></span><span>Both days inclusive.</span></p></div></td></tr><tr style="height:16.5pt"><td style="width:376.6pt; padding-right:2pt; padding-left:2pt; vertical-align:bottom; background-color:#ffffff"><p style="margin-left:43.2pt; text-align:justify; background-color:#ffffff"><span>Winter, 1st April to 30th September</span><span style="width:172.94pt; font-family:'Lucida Console', monospace; display:inline-block">............................</span></p></td></tr></tbody></table>
Permits to discharge before and after these hours shall be in Form 11 of the Schedule.
Sec. 29. OVERTIME RATES.
12. The rates for working overtime shall be as follow :—
| Clerical officers................................. | 2s. 6d. per hour (or part thereof). |
|---|---|
| Landing waiters and tide surveyors.................... | 2s. 6d. „ „ |
| Lockers...................................... | 2s. „ „ |
| Other outdoor officers............................. | 1s. 6d. „ „ |
Between 10 p.m. and 6 a.m. these rates to be half as much again.
Sec. 41. LANDING OF BAGGAGE.
13. Passengers’ baggage shall be unshipped only by authority, and at a legal landing place, and shall not be removed from the place of examination except by authority.
Sec. 53. SIZES OF PACKAGES FOR IMPORTATION OF SPIRITS, TOBACCO, ETC.
14. Importations of Spirits, Opium, Tobacco, Cigars, Cigarettes, and Snuff shall only be made in packages containing not less than the following quantities :—
| Spirits in cases............................... | 2 gallons. |
|---|---|
| Spirits in bulk................................ | 12 „ |
| Opium..................................... | 30 pounds net weight. |
| Tobacco, manufactured.......................... | 20 „ „ |
| Snuff...................................... | 10 „ „ |
| Cigars..................................... | 30 „ „ |
| Cigarettes................................... | 20 „ „ |
Provided that importations of surplus stores may be made in any less quantities, with the consent of the Collector.
Sec. 54. STANDARD FOR TEA.
15. Tea which does not comply with the following standard of strength and purity shall be deemed unfit for human use :—
The analysis to be made on the tea dried at a temperature of 212° F. and then powdered and totally exhausted with boiling distilled water.
| Total aqueous tea extract....................... | not less than 30 per cent. |
|---|---|
| Total ash.................................. | not more than 8 per cent. |
| Soluble ash................................ | not less than 3 per cent. |
IMPORTATION.
Sec. 64. Ship’s Report Inwards.
16. The report required by Section 64 shall be in Form 3 of the Schedule.
Sec. 68. Entry of Goods.
17. Entries for home consumption shall be according to Forms 4, 5, or 6 of the Schedule, as the case requires.
18. Entries for warehousing shall be according to Form 7 of the Schedule.
19. When any person makes any entry of imported goods, whether for home consumption or warehousing, he shall, on demand by an officer, produce the genuine invoice for the goods, which invoice shall be stamped and initialed by the officer.
20. Sight entries shall be according to Form 8 of the Schedule.
21. Transhipment entries shall be according to Form 9 of the Schedule.
22. On delivering goods for transhipment to a licensed lighter, boat, or carriage, the officer attending the importing ship shall fill up and sign a lighter, boat, or cart note according to Form 10 of the Schedule, which shall be taken with the goods to the exporting ship, the officer at which shall certify to the shipment of the goods.
Sec. 72. Time for Making Entries.
23. Entries shall be made in the case of a steamer within two, and in the case of a sailing ship within three, clear working days from the date of the ship’s report inwards.
Sec. 74. Unshipment without Entry.
24. The Collector’s permit to discharge goods before entry passed shall be according to Form 12 of the Schedule.
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EXPORTATION.
Sec. 114. Stiffening Permit.
25. The permission of the Collector to stiffen a ship shall be according to Form 13 of the Schedule.
26. Before any Certificate of Clearance is granted, the officer attending the ship shall fill in and forward to the Collector a Rummage Certificate according to Form 14 of the Schedule.
27. The entry of a ship outwards shall be according to Form 15 of the Schedule.
28. The entry of goods for export shall be according to Form 16 of the Schedule.
Sec. 119. Clearance.
29. The Outward Manifest shall be according to Form 17 of the Schedule.
30. The Certificate of Clearance to be issued to ships shall be according to Form 18 of the Schedule.
Sec. 126. Landing Certificate.
31. The certificate referred to in Section 126 shall be according to Form 19 of the Schedule, and may be given by any officer of Customs of the port where the goods are landed, or by any British Consul, and in places where there is neither, by any British resident.
Secs. 178, 179. COASTING TRADE.
32. The master of a ship carrying goods from one State to another shall—
(a) Before departure from any port present to the Collector a Transire Outwards in Form 20 of the Schedule in duplicate containing full particulars of all his cargo.
(b) Discharge his cargo at a legal port, and during working hours only, except with the consent of the Collector.
(c) Permit the officer to examine any cargo.
(d) With 24 hours after arrival at his port of discharge deliver his transire to the Collector, and produce all documents required, and answer all questions put to him by the Collector.
Sec. 179. Coasting Vessels Trading within the Limits of each State.
33. The Collector, if of opinion that a transire for each voyage of any ship trading within the limits of any State is not necessary, may, in lieu thereof, issue to the master of the ship a General Transire according to Form 21 of the Schedule, to be in force for a period of three months from date of issue, and subject to the following conditions:—
(1) The master shall keep on board a cargo-book, in which shall be entered—
The name of the ship and her master.
The port to which the ship belongs.
And in regard to each voyage—
The ports to which the ship is bound.
Description of the goods shipped, showing Australian produce or manufactures as distinct from imported goods.
Names of shippers and consignees.
Date of delivery of goods at each port of discharge.
Time of arrival at and departure from each port.
(2) The master shall on demand produce the cargo-book for the inspection of any officer, who may make any necessary entry therein, take extracts from, or, in the event of any non-compliance with these regulations, detain the same.
(3) If the master fails to comply with these regulations, he shall be liable to a penalty not exceeding £20.
Secs. 272, 273. TRANSFER OF GOODS FROM ONE STATE TO ANOTHER.
34. For the purpose of carrying into effect Sections 272 and 273 of the Customs Act 1901 the following rules are hereby prescribed:—
(a) The provisions of any State Act relating to Customs in force at the commencement of the Customs Act 1901 shall mutatis mutandis apply to any goods referred to in those sections in regard to the transfer of such goods from one State to another, and to the collection of any duties due on them, in the same manner as if the goods were imported before the imposition of uniform duties.
(b) The person sending goods from one State to another shall, before despatching them, present to the Collector a transfer certificate in duplicate in such of the forms Nos. 22 to 27 in the Schedule as may be applicable to the circumstances of the transfer, and the Collector, if satisfied that the particulars therein contained are correct, shall certify the same and return one of the duplicates to the sender of the goods. Such duplicate shall be tendered by the owner to the officer at the
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