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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This Act has been repealed and is no longer in force. It is retained for historical reference.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 set operational rules for Australia’s customs system, governing how goods enter, leave, are inspected, stored, processed, and cleared for duty. They affect importers, exporters, ship masters and agents, warehouse operators, transport providers, and licensed customs agents by prescribing financial guarantees, documentation, timeframes and controls for holding or manufacturing in bond.
They matter because they ensure duties are collected, public-health and quality standards are enforced, smuggling is deterred, and legitimate trade is facilitated under customs supervision.
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Direct links to the current provisions in Customs Regulations 1913.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1913. No. 346.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1910.
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 1901-1910 to come into operation forthwith.
Dated the nineteenth day of December, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
LITTLETON E. GROOM,
Minister for Trade and Customs.
CUSTOMS REGULATIONS.
Sec. 14. THE CUSTOMS FLAG.
Secs. 15 & 42. WHARFS.—SECURITY.
3. (1) The owner of any wharf in respect of which security has not been furnished at the commencement of this Regulation must furnish security, for the protection of the revenue, in accordance with Form 1A.
(2) In respect of wharfs in actual use by authority at the commencement of the Customs Act 1901, such security must be furnished to the Customs within sixty days from the commencement of this Regulation.
(3) Any wharf-owner failing to comply with the provisions of this Regulation shall be liable to a penalty not exceeding £100, and such failure shall be a good ground for the cancellation of the appointment of the wharf as a wharf within the meaning of the Customs Act 1901-1910.
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Sec. 17. SUFFERANCE WHARFS.—SECURITY.
3a. Proprietors or lessees of sufferance wharfs must furnish security for the protection of the revenue, in accordance with Form 1 or 1a, as the case requires.
C.14574.—Price 1s. 9d.
Sec. 20. CARRIAGE, BOAT, AND LIGHTER LICENCES.
(a) For carriages, in accordance with Form 2.
(b) For boats and lighters, in accordance with Form 3.
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.
If the licence fee be not paid on or before the due date, the Collector may, by order under his hand, cancel any Carriage, Boat, or Lighter Licence.
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.
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.
When any licensed carriage, boat, or lighter is being used in the conveyance of goods subject to the control of the Customs, the person in charge thereof shall proceed with it as quickly and directly as possible to the place appointed for the landing or discharge of the goods, and shall hand over the goods intact to the proper officer, together with any Customs documents delivered to him in connexion therewith.
The security for a Carriage Licence shall be in accordance with Form 4.
The security for a Boat or Lighter Licence shall be in accordance with Form 5.
13. (1) 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.
(2) No licensed carriage shall be used for the conveyance of goods subject to Customs control except by the person to whom the licence has been issued, or, on his behalf, by some person employed by such licensee.
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 and indelibly 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.
The number allotted to any carriage, boat, or lighter shall not be placed on any other carriage, boat, or lighter.
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.
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 or the Customs, any unlicensed carriage, boat, or lighter.
Any Carriage, Boat, or Lighter Licence may be revoked by the Comptroller 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.
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Sec. 28. WORKING DAYS AND HOURS.
Days
All days except Sundays and Public Holidays.
By special permission of the Collector work may be allowed on any Public Holiday for such time, and under such conditions, as are approved in each case, provided that work shall not be allowed on Sunday, Christmas Day, Good Friday, or Eight Hours’ Day, without the Minister’s permission.
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 or district the Minister may by order vary the working hours.
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 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.
The Collector may grant permits to load, discharge, deliver, or receive goods before or after working hours on any working day, and permits so granted may be in accordance with Form 6.
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Sec. 29. OVERTIME RATES.
(a) Officers of the Indoor Staff, with salary over £200 per annum, 2s. 6d.; with salary of £200 or under, 1s. 9d. per hour or part thereof.
(b) Officers in charge of the loading on or discharge of goods from ships, or the receipt or delivery of goods, 2s. 6d. per hour or part thereof, except between the hours of 11 p.m. and 8 a.m., when the rate shall be 3s. per hour or part thereof.
(c) Officers acting under the direct supervision of a superior officer, 1s, 9d. per hour or part thereof, except between the hours of 11 p.m. and 8 a.m., when the rate shall be 2s. 3d. 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 two hours, 5s; (2) if engaged for more than two hours, 2s. 6d. per hour or part thereof, with maximum charge of 20s. for any twenty-four 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.
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.
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.
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Sec. 52. IMPORTATION OF SUBSTITUTES FORBUTTER.
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Sec. 53. SIZES OF PACKAGES FOR IMPORTATION OF SPIRITS, TOBACCO, ETC.
27. (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............................ | 15 ,, ,, |
| 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.
The extract obtained by boiling the tea with 100 parts by weight of distilled water for one hour shall be not less than 30 per cent.
The ash obtained by incinerating the tea in a porcelain crucible shall be not more than 8 per cent.
The portion of the ash soluble in boiling distilled water, called the “soluble ash,” shall be not less than 3 per cent.
The above percentages are to be calculated on the weight of the tea dried for three hours in a water bath with the water kept briskly boiling.
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.
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SIGNAL WHEN REQUIRING SERVICES OF A CUSTOMS OFFICER.
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IMPORTATION.
Sec. 64. Ship’s Report Inwards.
The report required by section 64 of the Act shall be in accordance with Form 8. Application to amend the inward manifest report of a vessel shall be in accordance with Form 8a. A list of stores shall be furnished with Form 8, and shall be in accordance with Form 9. A list of customable articles and opium owned by the Master, officers, and crew of the ship shall also accompany Form 8, and shall be in accordance with Form 9b.
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.
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Sec. 69-71.
Sight entries shall be in accordance with Form 10.
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.
Sec. 68.
Entries for home consumption shall be in accordance with Form 11. On the declared copy of the entry the total number of packages must be stated in words.
Entries for warehousing shall be in accordance with Form 12, and the total number of packages must be stated in words on the declared copy of the entry.
Goods sent to a warehouse shall be accompanied by a cart note in triplicate in accordance with Form 13. One copy shall be returned, duly receipted, by the receiving officer to the officer by whom it was issued.
Transhipment entries shall be in accordance with Form 14. The total number of packages must be stated in words.
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 15, unless the transaction is covered by security already given in Form 22.
Delivery for Transhipment or Transfer under Transit Permit.
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Sec. 72. Time for Making Entries.
Removal of Goods to King’s Warehouse.
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Sec. 74. Unshipment without Entry.
Transit Permits.
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 19 or Form 19a, and shall give security in such amount as the Collector requires. Security shall be in accordance with Form 20, unless the transaction is covered by security already given in Form 21 or 22.
Goods discharged from a ship, pursuant to a Transit 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.
48. (1) The p
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