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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These regulations under the Customs Act 1901 set detailed administrative rules for importing and exporting into Australia: licensing and security bonds for warehouses, carriers and customs agents; handling rules for sensitive goods (e.g., tea purity tests, dyed butter substitutes, minimum package sizes for spirits and tobacco); and use of bonded warehouses including “manufacturing in bond.”
They also fix customs officers’ overtime rates, rent schedules for government warehouses, require dozens of standardized forms for entries and transit, and govern interstate transfers and drawback (duty refund) procedures.
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Direct links to the current provisions in Customs Regulations 1909.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1909. No. 126.
––––––
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, do hereby make the following regulations under the Customs Act 1901 to come into operation forthwith.
Dated the 26th day of October, 1909.
DUDLEY.
Governor-General.
By His Excellency’s Command,
R. W. BEST,
Minister for Trade and Customs.
CUSTOMS REGULATIONS.
CITATION.
1. These Regulations may be cited as the Customs Regulations 1909.
Sec. 14. THE CUSTOMS FLAG.
2. The Customs flag shall be the Flag of the Commonwealth of Australia (Blue Ensign), with the addition in the fly of the letters “H.M.C.” in white in bold character.
Sec. 17. SUFFERANCE WHARFS—SECURITY.
3. Proprietors of Sufferance Wharfs must furnish security for the protection of the revenue, in accordance with Form 1.
Sec. 20. CARRIAGE, BOAT, AND LIGHTER LICENCES.
4. Licences may be issued by the State Collector—
(a) for carriages, in accordance with Form 2.
(b) for boats and lighters in accordance with Form 3.
5. 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.
6. A licence shall, unless revoked, remain in force so long as the prescribed fee is paid.
7. 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.
8. One licence may be issued in respect of all carriages, boats, or lighters owned by one person.
9. Before a Carriage, Boat, or Lighter Licence is issued, the owner of the carriage, boat or lighter to be licensed shall give security for each such carriage, boat, or lighter in the sum of £100 with one approved surety.
10. The security for a Carriage Licence shall be in accordance with Form 4.
11. The security for a Boat or Lighter Licence shall be in accordance with Form 5.
12. The owner of a licensed carriage, boat or lighter shall cause his name, and in the case of a boat or lighter the name of the boat or lighter, to be legibly painted thereon, and the owner shall not use the carriage, boat or lighter, or suffer it to be used in the conveyance of goods subject to the control of the Customs, until this regulation has been complied with.
13. Each licensed carriage, boat and lighter shall have a separate and consecutive number, to be assigned by the Collector, and the owner thereof shall cause such number, together with the letters “H.M.C.”, to be painted prominently on the carriage, boat or lighter to which it applies, and the owner shall not use the carriage, boat or lighter, or suffer it to be used in the conveyance of goods subject to the control of the Customs, until this regulation has been complied with.
14. The number allotted to any carriage, boat or lighter shall not be placed on any other carriage, boat or lighter.
15. If any licensed carriage, boat or lighter is sold, lost, or rendered unfit for the purpose for which it was licensed, it shall cease to be used for the conveyance of goods subject to the control of the Customs, and the licence relating to it shall be returned to the Collector, and shall be cancelled if it applies to the carriage, boat or lighter only, or, if otherwise, shall be amended as the case requires.
16. The owner of any licensed carriage, boat or lighter shall not use or permit to be used, in the conveyance of goods subject to the control of the Customs, any unlicensed carriage, boat or lighter.
17. Any carriage, boat, or lighter licence may be revoked by the Comptroller-General by order in writing for any contravention of the Act, but the licensee may, within fourteen days after notice of the revocation, appeal to the Minister against the order, and the Minister’s decision thereon shall be final.
See. 28. WORKING DAYS AND HOURS.
18. The working days and hours of the Customs shall be as follow:—
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, and under such conditions, as are 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 the control of the Customs—8 a.m. to 5 p.m. Provided that in regard to any State the Minister may by order vary the working hours, 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.
19. The Comptroller may by order require, in regard to any particular port, that the discharge of cargo entered for warehousing shall cease at any time during the working hours, in order to enable the goods discharged to be received before the conclusion of working hours into the warehouses for which they are entered.
20. The Collector may grant permits to load, discharge, deliver, or receive goods before or after working hours for any working, day, and permits so granted may be in accordance with Form 6.
Sec. 29. OVERTIME RATES.
21. (1) When work is permitted before or after the working hours, or on any Sunday or Holiday, for the convenience of the public, the rates to be charged for the services of the officers employed shall be as follow, viz..—
(a) Officers of the Indoor Staff, 2s. per hour or part thereof.
(b) Officers in charge of the loading on or discharge of goods from ships or the delivery or receipt of goods, 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) Officers receiving the report of a vessel, clearing a vessel, or receiving the report and clearing a vessel at the same time—
(1) If not engaged for more than 2½ hours, 5s.
(2) If engaged for more than 2½ hours, 2s. per hour or part thereof, with a maximum charge of 20s. for any 24 hours.
(2) The charges under (a), (b) and (c) shall be calculated from the hour at which the officer is required to attend, and shall include charges at the same rates in respect of the time reasonably occupied in proceeding to and returning from the wharf or other place where the attendance is required.
a 2
(3) Where officers are required to attend between 10 p.m. and 6 a.m., the rates prescribed in (a), (b), and (c) shall be increased by one-half: Provided that the total charge under (a) or (b) for any one officer employed between 6 p.m. and 6 a.m. shall not exceed 20s., and under (c), 15s.
22. Where an officer is required to proceed on duty away from his ordinary station, the rate of charge to be made in respect of his services shall be fixed by the Minister.
23. 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.
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Sec. 41. LANDING OF BAGGAGE.
24. Passengers’ personal baggage, not being dutiable goods, shall be unshipped only by authority, and shall be landed only at a legal landing place, and shall not be removed from the place of examination except by authority.
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Sec. 52. IMPORTATION OF SUBSTITUTES FOR BUTTER.
25. No oleomargarine, butterine, or any similar substitute for butter shall be imported unless coloured a distinct pink colour by the admixture of a sufficient proportion of alkanet root, nor unless each package in which it is imported is distinctly branded with the name of the article contained therein.
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Sec. 53. SIZES OF PACKAGES FOR IMPORTATION OF SPIRITS, TOBACCO, ETC.
26. (1) Importations of Spirits, Opium, Tobacco, Cigars, Cigarettes, and Snuff shall be made only in packages containing not less than the following quantities:—
| Spirits in cases (not being perfumed or medicinal). | 2 gallons (reputed). |
|---|---|
| Spirits in bulk......................... | 5 „ |
| Opium for medicinal purposes.............. | 5 pounds net weight. |
| Tobacco, manufactured.................. | 20 ,, ,, |
| Tobacco, unmanufactured................. | 20 ,, ,, |
| Cigars.............................. | 20 ,, ,, |
| Cigarettes........................... | 20 ,, ,, |
| Snuff.............................. | 10 ,, ,, |
(2) Provided that importations may be made in less quantities, subject to the conditions that the duty is 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 ships’ stores.
Sec. 54. STANDARD FOR TEA.
27. Tea which does not comply with the following standard of strength and purity shall be deemed unfit for human use:—
| 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. |
28. For the purpose of the analysis the tea is to be dried at a temperature of 212 deg. F. and then powdered and totally exhausted with boiling distilled water.
29. In cases where, as the result of the analysis, it appears that the tea is a prohibited import the notice to the owner of the report of the analyst shall be in accordance with Form 7.
SIGNAL WHEN REQUIRING SERVICES OF A CUSTOMS OFFICER.
30. The Master of a ship, who requires the services of a Customs officer on board his ship, shall hoist the British Union Jack at the peak; but if that flag is not on board he shall hoist in lieu thereof the Code flag D, in the International Code of Signals (formerly Marryat, No. 2).
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Sec. 64. IMPORTATION.
Ship’s Report Inwards.
31. The report required by section 64 of the Act shall be in accordance with Form 8. A list of stores shall be furnished with Form 8 and shall be in acordance with Form 9.
32. Where stores are consumed in Australian ports, or in Australian waters, a consumption list according to Form 9A shall be furnished by the Master of the ship.
Entry of Goods.
33. When any person makes an 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 initialled by the officer.
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Sec. 69–71.
34. Sight entries shall be in accordance with Form 10.
35. When a sight entry is tendered for part of the contents of an outside package, it must be accompanied by a declared entry for the remainder of the contents of the package.
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Sec. 68.
36. Entries for home consumption shall be in accordance with such of the Forms 11, 12 and 13, as the case requires, or as allowed by the next succeeding Regulation.
37. When it is desired to use the same form for the entry of free goods, and of goods dutiable ad valorem, and at fixed rates, the entry
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38. Entries for warehousing shall be in accordance with Form 14.
39. Goods sent to a warehouse shall be accompanied by a cart note in accordance with Form 15.
40. Transhipment entries shall be in accordance with Form 16.
41. In the case of transhipment a security shall be given in, such amount as the Collector requires. Such security shall be in accordance with Form 17 or Form 24, as the case requires.
Delivery for Transhipment or Transfer under Transit Permit.
42. On delivering goods for transhipment or transfer under transit permit to a licensed carriage, boat or lighter, the officer attending the importing ship shall fill up and sign a cart, boat or lighter note in accordance with Form 18, which shall be taken with the goods by the person in charge of the carriage, boat or lighter, who shall deliver it to the Customs officer on duty at the ship, or railway, in or by which the goods are to be exported or transferred.
Sec. 72. Time for Making Entries.
43. Entries shall be made in the case of a steamer within one, and in the case of a sailing ship within two, clear working days from the date of the ship’s report inwards, or within such extended time as the Collector directs.
Removal of Goods to King’s Warehouse.
44. Where goods are removed to a King’s Warehouse a cart note, in accordance with Form 19, shall be used
Sec. 74. Unshipment without Entry.
45. The Collector’s permit to discharge goods before entry is passed shall be in accordance with Form 20.
Transit Permits.
46. When 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 Transit Permit in accordance with Form 21 or Form 21A, and shall give security in such amount as the Collector requires. Security shall be in accordanc
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