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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These 1904 regulations implement the Customs Act 1901, turning broad statutory powers into day‑to‑day procedures for controlling goods at Australia’s borders. They set the operational rules that importers, exporters, shipping agents, warehouse operators, customs agents and transport operators must follow for entry, examination, bonding, movement and clearance of goods.
They matter because they created the early federal customs administrative machinery—balancing trade facilitation with revenue protection by prescribing licences, bonds, permits, warehousing and predictable fees and procedures.
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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.
STATUTORY RULES.
1904. No. 25.
Commonwealth of Australia.
Department of Trade and Customs.
16th June, 1904.
REGULATIONS UNDER THE CUSTOMS ACT 1901.
HIS 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 make the following Regulations, such Regulations to take effect on and from the first day of July, 1904.
ANDREW FISHER,
Minister of State for Trade and Customs.
CUSTOMS REGULATIONS.
Sec. 14. THE CUSTOMS FLAG.
Sec. 20. CARRIAGE, BOAT, AND LIGHTER LICENCES.
Licences for carriages, boats, and lighters may be issued by the State Collector according to Forms 1 and 2.
An annual fee of Five shillings shall be payable in advance on the 1st January of each year, for each carriage, boat, or lighter in respect of which a licence is issued, provided that for every licence issued on or after 1st July, the fee for the unexpired portion of the year shall be Two shillings and sixpence.
A licence shall, unless revoked, remain in force so long as the prescribed fee is paid.
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.
One licence may be issued in respect of all carriages, boats, or lighters owned by one person.
Each carriage, boat, or lighter must have a separate and consecutive number (for each port), which must be painted prominently thereon with the letters “H.M.C.”
Before a Carriage, Boat, or Lighter Licence is issued, the owner of the carriage, lighter, or boat to be licensed shall give security for each such carriage, boat, or lighter in the sum of £100 with one approved surety.
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 the carriage is being used in the conveyance of goods subject to the control of the Customs, the driver of the carriage shall proceed to his destination as quickly and directly as possible, 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 the duty (if any) on any deficiency between the quantity of goods loaded on and that delivered from the carriage.
(a) The boat or lighter shall not be used in contravention of any Customs Acts.
(b) When being used in the conveyance of goods subject to the control of the Customs, 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, 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) All entrances to the hold 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 the duty (if any) on any deficiency between the quantity of goods loaded on and that delivered from the boat or lighter.
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 revoked 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.
The number allotted to any carriage, boat, or lighter shall not be placed on any other carriage, boat, or lighter.
The name of the owner of each carriage, boat, or lighter licensed under these Regulations shall be legibly painted on the carriage, boat, or lighter.
Sec. 28. WORKING DAYS AND HOURS.
Days.
All days except Sundays and Public Holidays.
By special permission of the Minister work may be allowed on any Sunday or public holiday for such time as is approved in each case.
Hours.
Outdoor.—For the loading on or discharge of goods from ships, and delivery and receipt according to entry of goods subject to Customs control—8 a.m. to 5 p.m., provided that in regard to any State the Minister may by order direct that such hours may be varied, but so that they shall not be less than 44 clear working hours per week.
Indoor.—9 a.m. to 4.30 p.m.
On Saturday work shall cease at noon.
The Comptroller may by order require, in regard to any particular port, that the discharge of cargo entered for the warehouse shall cease at any time during the above hours, in order to enable the goods discharged to be received into the Licensed Warehouses for which they are entered, before 5 p.m.
The Collector may grant permits to load, discharge, or deliver or receive goods before or after these hours in Form 3.
Sec. 29. OVERTIME RATES.
(a) Officers of the Indoor Staff, 2s. per hour or part thereof.
(b) Officers in charge of the loading or discharge of goods on or from ships or the delivery or receipt of goods under entry, 2s. per hour or part thereof.
(c) Officers acting under the direct supervision of a superior officer, 1s. 6d. per hour or part thereof.
(d) For officers clearing vessels, 2s. per hour or part thereof.
These charges shall be calculated from the hour the officer is required to attend.
In cases where officers are required to attend between 10 p.m. and 6 a.m., the above rates shall be half as much again, provided that in the case of officers mentioned in (a) and (b), the total charge from 6 p.m. to 6 a.m. shall not exceed 20s., and for those mentioned in (c) 15s.
Where officers are required to proceed on special duty away from their ordinary stations, the charge shall be such as the Minister may order.
The money received for overtime shall be held by the Department and may be paid to the officers who have earned the same, at the rates mentioned above.
a 2
Sec. 41. LANDING OF BAGGAGE.
Sec. 52. IMPORTATION OF SUBSTITUTES FOR BUTTER.
Sec. 53. SIZES OF PACKAGES FOR IMPORTATION OF SPIRITS, TOBACCO, ETC.
| Spirits in cases (not being perfumed or medicinal)Spirits in bulk....................Opium.........................Tobacco, manufactured..............Snuff..........................Cigars.........................Cigarettes....................... | 2 gallons (reputed)5 „20 pounds net weight.20 „ „10 „ „20 „ „20 „ „ |
|---|
Provided that importations may be made in less quantities, subject to the conditions that the duty shall be actually paid immediately on importation and that the Collector shall approve of such importation, being first satisfied that the goods are samples only, or are intended for private use only by the importer or for medicinal use only, or are surplus ship’s stores.
Sec. 54. STANDARD FOR TEA.
| Total aqueous tea extract.............Total ash.......................Soluble ash...................... | not less than 30 per cent.not more than 8 per cent.not less than 3 per cent. |
|---|
The analysis to be made on the tea dried at a temperature of 212 deg. F. and then powdered and totally exhausted with boiling distilled water.
—————
SIGNAL WHEN REQUIRING SERVICES OF A CUSTOMS OFFICER.
Sec. 64. IMPORTATION.
Ship’s Report Inwards.
Sec. 68. Entry of Goods.
Entries for home consumption shall be in triplicate, and according to Forms 6, 7, or 8, as the case requires.
Entries for warehousing shall be in triplicate, and according to Form 9.
When any person makes any entry of imported goods, he shall, on demand by an officer, produce the genuine invoice for the goods, which invoice shall be stamped with the Customs stamp, and initialed by the officer.
Sight entries shall be according to Form 10.
Transhipment entries shall be in quadruplicate, and according to Form 11.
On delivering goods for transhipment or transfer under transit permit 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 12, which shall be taken with the goods by the person in charge of the lighter, boat, or carriage, who shall deliver it to the Customs officer on duty at the ship, or rail, in or by which the goods are to be exported or transferred.
Sec. 72. Time for Making Entries.
Sec. 74. Unshipment without Entry.
Sec. 74. Transit Permits.
In cases where the owner of any goods in any ship which has arrived in any port from beyond the seas desires to transfer the goods by land or sea to any other port of the Commonwealth, the owner shall obtain a permit in Form 14, and shall give security, either general or special, to such amount as the Collector requires. Security shall be in one of Forms 15, 16, or 17, as the case requires.
Goods discharged from a ship pursuant to a Permit, shall, if not immediately laden in the ship, or other conveyance in which they are intended to be carried, be secured in such manner as the Collector directs.
The person taking out the Permit shall, so soon as any of the goods described therein have been shipped or otherwise forwarded, hand to the Collector duplicate copies of Despatch Note in Form 18, properly filled in, and receipted by the Chief Officer of the receiving ship, or other person responsible for the conveying of the goods to their destination. The Collector shall forward both duplicates to the Collector at the port
of destination of the goods, who shall retain one duplicate and return one to the Collector at the port of despatch, with an indorsement showing the receipt or non-receipt of the goods, as the case may be.
WAREHOUSING AND WAREHOUSES.
Sec. 87. Sorting, Bottling, Packing, or Re-packing Goods in Warehouse.
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