CUSTOMS.

No. 108 of 1952.

An Act to amend the Customs Act 1901-1951.

[Assented to 19th November, 1952.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:

Short title and citation.

1.—(1.)  This Act may be cited as the Customs Act 1952.

(2.)  The Customs Act 1901-1951 is in this Act referred to as the Principal Act.

(3.)  The Principal Act, as amended by this Act, may be cited as the Customs Act 1901-1952.

Commencement.

2.—(1.)  Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.)  Sections seven and eleven of this Act shall come into operation on a date to be fixed by Proclamation.

Parts.

3.    Section three of the Principal Act is amended by inserting after the words “Part XVI.—Regulations” the words “and By-laws”.

Definition.

4.    Section four of the Principal Act is amended—

(a) by omitting the definitions of “Aerodrome” and “Aerodrome owner”;

(b) by inserting after the definition of “Aircraft” the following definitions:—

“‘Airport’ means an airport appointed under section fifteen of this Act.

‘Airport owner’ includes the occupier of an airport.”;

(c) by inserting after the definition of “Customs Acts” the following definition:—

“‘Customs Tariff’ means an Act imposing duties of customs.”; and

(d) by inserting after the definition of “Justice” the following definition:—

“‘Lighter’ includes a craft of every description used for the carriage of goods in a port.”.

Right to require securities.

5.    Section forty-two of the Principal Act is amended by inserting after the words “this Act” the words “, for compliance with conditions or requirements to which the importation or exportation of goods is subject”.

Security.

6.    Section forty-three of the Principal Act is amended by omitting the words “cash deposit” and inserting in their stead the words “deposit of cash or of an instrument transferable by delivery”.

7.  Division 1 of Part IV. of the Principal Act is repealed and the following Division inserted in its stead:—

“Division 1.—Prohibited Imports.

Prohibition of the importation of goods.

“50.—(1.)  The Governor-General may, by regulation, prohibit the importation of goods into Australia.

“(2.)    The power conferred by the last preceding sub-section may be exercised—

(a) by prohibiting the importation of goods absolutely;

(b) by prohibiting the importation of goods from a specified place; or

(c) by prohibiting the importation of goods unless specified conditions or restrictions are complied with.

“(3.)    Without limiting the generality of paragraph (c) of the last preceding sub-section, the regulations—

(a) may provide that the importation of the goods is prohibited unless a licence or permission to import the goods has been granted as prescribed by the regulations;

 

(b) may provide that a licence or permission so granted may be subject to conditions or requirements to be complied with by the person to whom the licence or permission is granted, either before or after the importation of the goods in respect of which the licence or permission has been so granted; and

(c) may provide that the grant or continuance in force of a licence or permission so granted shall be subject to the condition that the applicant for, or the holder of, the licence or permission furnishes to the Customs security for compliance with this Act and for compliance with the conditions or requirements to which the licence or permission is subject.

Prohibited imports.

“51.   Goods, the importation of which is prohibited under the last preceding section, are prohibited imports.”.

8.    Section ninety-seven of the Principal Act is repealed and the following section inserted in its stead:—

Goods for public expenditure.

“97.—(1.)  The Collector may, by writing under his hand, grant to the owner of warehoused goods permission to take those goods out of the warehouse for the purpose of public exhibition or for a similar purpose without entering the goods for home consumption.

“(2.)  A permission under the last preceding sub-section shall specify the time for which the owner may retain the goods outside the warehouse.

“(3.)    The owner of warehoused goods to whom permission has been granted under sub-section (1.) of this section shall not take the goods out of the warehouse unless he gives security to the satisfaction of the Collector for the payment, in the event of the goods not being returned to the warehouse within the time specified in the permission, of the duty which would have been payable if the goods had been entered for home consumption on the day on which they were taken out of the warehouse.”.

Exportation.

9.    Section one hundred and eleven of the Principal Act is repealed.

Time of clearance.

10.  Section one hundred and twenty-two of the Principal Act is amended by omitting the word “No” and inserting in its stead the words “Except as prescribed, no”.

11.  Part VII. of the Principal Act is repealed and the following Part inserted in its stead:—

“Part VII.—Ships’ Stores and Aircraft’s Stores.

Use of ships and aircraft’s stores.

“127.  Ships’ stores and aircraft’s stores, whether shipped in parts beyond the seas or in the Commonwealth—

(a) shall not be unshipped or unloaded without the consent of the Collector; and

(b) shall not be used before the departure of the ship or aircraft from its last port of departure in the Commonwealth otherwise than for the use of the passengers or crew, or for the service, of the ship or aircraft.

 

Unshipment of ships’ and aircraft’s stores.

“128.  Ships’ stores and aircraft’s stores which are unshipped or unloaded with the consent of the Collector shall be entered—

(a) for home consumption;

(b) for warehousing; or

(c) for transhipment to another ship or aircraft.

Exemption of certain stores from duty.

“129.  Ships’ stores and aircraft’s stores used by the passengers or crew, or for the service, of the ship or aircraft, other than ships’ stores or aircraft’s stores which are specified in the regulations as being stores to which this section does not apply, are not liable to duties of Customs.

Payment of duty on ships’ and aircraft’s stores.

“130.  Where ships’ stores or aircraft’s stores, being ships’ stores and aircraft’s stores which axe specified in the regulations as being stores to which the last preceding section does not apply, are consumed, used or otherwise disposed of in the Commonwealth, the master or owner of the ship or the pilot or owner of the aircraft shall, immediately before the ship or aircraft leaves the last port of departure in the Commonwealth, deliver to the Collector a list, verified by declaration, in accordance with the prescribed form, setting out the ships’ stores or aircraft’s stores so consumed, used or disposed of since the arrival of the ship or aircraft at the first port of call in the Commonwealth, and duty shall be paid on those stores at the rate in force at the time when the declaration is made.

Taking on board of ships’ and aircraft’s stores.

“130a.—(1.)  The master or owner of a ship, or the pilot or owner of an aircraft entered outwards for parts, beyond the seas may make application to the Collector in the prescribed form for permission to take on board, out of a warehouse, under drawback, or by transhipment from the stores of another ship or aircraft, ships’ stores or aircraft’s stores for the use of the passengers and crew, and for the service, of the ship, or aircraft on the voyage to be undertaken.

“(2.)  The Collector may grant permission to the master, pilot or owner to take on board such stores as the Collector, having regard to the voyage to be undertaken and to the number of passengers and crew to be carried, determines.”.

12.  Section one hundred and sixty-two of the Principal Act is repealed and the following section inserted in its stead:—

Delivery of goods upon giving of security or undertaking for payment of duty.

“162.—(1.)   Where goods the property of a person included in a prescribed class of persons are imported or a person imports goods included in a prescribed class or goods intended for a prescribed purpose and intends to export those goods, the Collector may grant to the person importing the goods permission to take delivery of those goods upon giving a security or an undertaking, to the satisfaction of the Collector, for the payment of the duty on those goods.

“(2.)  The regulations may prescribe provisions to be complied with in relation to goods in respect of which permission has been granted under the last preceding sub-section.

 

“(3.)    Where the Collector has granted permission to a person to take delivery of goods upon giving a security or an undertaking referred to in sub-section (1.) of this section, the duty is not, payable if—

(a) the provisions at the regulations are complied with; and

(b) the goods are exported within a period of twelve months after the date on which the goods were imported or within such further period as the Minister, on the: application of the person who imported the goods, allows,

and, if security was given by way of deposit of cash or of an instrument transferable by delivery, the amount deposited or the instrument shall be returned to the person by whom the security was given.

“(4.)    Where the regulations are not complied with or the goods are not exported from Australia within that period of twelve months or that further period allowed by the Minister, the security may be enforced according to its tenor or, where an undertaking to pay the amount of the duty has been given, that amount may be recovered at any time in a court of competent jurisdiction by proceedings in the name of the Collector.”.

Refunds of duty.

13.  Section one hundred and sixty-three of the Principal Act is amended by omitting sub-sections (1.) and (2.) and inserting in their stead the following sub-sections:—

“(1.)  Where—

(a) goods have been damaged or pillaged during the voyage;

(b) goods have, while subject to the control of the Customs, been damaged, pillaged, lost or destroyed;

(c) duty has been paid through manifest error of fact or patent misconception of the law; or

(d) after duty has been paid on goods, a by-law is made the effect of which is to provide that duty is not payable on those goods or to apply to those goods a rate of duty which is less than the rate of duty which was applicable when the goods were entered for home consumption,

a refund, rebate or remission of duty, as the case requires, shall be made in the prescribed manner.

“(2.)    A refund, rebate or remission of duty shall not be made under this section unless an application for the refund, rebate or remission is made within the- prescribed time.”.

14.  Section one hundred and sixty-eight of the Principal Act is repealed and the following section inserted in its stead:—

Drawbacks allowed.

“168.—(1.)    Drawbacks of import duty may be allowed, subject to such conditions and restrictions as are prescribed, on the exportation of such goods (not being spirits, wine, beer, tobacco, cigars, cigarettes or opium) as are specified in the regulations.

 

“(2.)    Where imported goods specified by the Minister by notice in the Gazette are used in the manufacture of goods, or are subjected to a process of treatment, in the Commonwealth, drawbacks of import duty may, subject to such conditions and restrictions as are prescribed for the purposes of the last preceding sub-section and to such other conditions and restrictions (if any) as are specified in the notice, be allowed in respect of the imported goods on the exportation of the manufactured or treated goods.”.

Limit of value.

15.  Section one hundred and seventy of the Principal Act is amended by inserting after the word “or” the words “, except as prescribed,”.

Forfeited goods.

16.  Section two hundred and twenty-nine of the Principal Act is amended—

(a) by omitting paragraph (b) and inserting in its stead the following paragraphs:—

“(b) All prohibited imports.

(ba) All goods the importation of which has been prohibited unless a licence or permission containing conditions or requirements has been granted and those conditions or requirements have not been complied with.”; and

(b) by omitting paragraph (l).

17.  After section two hundred and thirty-four of the Principal Act the following section is inserted

Unauthorized entry on ships, aircraft or wharves.

“234a.    A person shall not, except by authority—

(a) enter on or be in a place of examination in or at which goods being the personal baggage of passengers disembarking from, or embarking on, a ship or aircraft are being examined for the purposes of this Act; or

(b) enter on or be in or on—

(i) a ship;

(ii) an aircraft; or

(iii) the wharf at which, or the part of a wharf adjacent to which, a ship is berthed,

at a time when goods being the personal baggage of passengers disembarking from, or embarking on that ship or aircraft are being examined, for the purposes of this Act, at or in the vicinity of the ship, aircraft, wharf or part of a wharf.

Penalty: Twenty pounds.”.

Amendment of heading to Part XVI.

18.  The heading to Part XVI. of the Principal Act is amended by inserting after the word “Regulations” the words “and By-laws”.

 

19.—(1.)   After section two hundred and seventy of the Principal Act the following section is inserted in Part XVI.:—

Departmental by-laws

“271.—(1.)   Where an item of a Customs Tariff is expressed to apply to goods, or to a class or kind of goods, as prescribed by departmental by-laws, the Minister may make a by-law for the purposes of that item specifying—

(a) the goods, or the class or kind of goods, to which that item applies;

(b) the conditions, if any, subject to which that item applies to those goods or to goods included in that class or kind of goods; and

(c) such other matters as are necessary to determine the goods to which that item applies.

“(2.)    The Minister may make a by-law for the purposes of an item of a Customs Tariff notwithstanding that the item has been repealed before the making of the by-law, but the by-law shall not apply to goods entered for home consumption after the repeal of that item.

“(3.)  This section does not authorize the making of a by-law which has the effect of imposing duty, in relation to goods entered for home consumption before the date on which the by-law is published in the Gazette, at a higher rate of duty than the rate of duty payable in respect of those goods on the day on which those goods were entered for home consumption.

“(4.)  A by-law made under this section—

(a) shall be published in the Gazette;

(b) shall, subject to this section—

(i) take effect from the date of publication, or from a date (whether before or after the date of publication) specified by or under the by-law; or

(ii) have effect for such period (whether before or after the date of publication) as is specified by or under the by-law; and

(c) shall not be deemed to be a Statutory Rule within the meaning of the Rules Publication Act 1903-1939.

“(5.)    In this section, ‘item’ includes portion of an item.”.

(2.)  A departmental by-law made or purporting to have been made before the commencement of this section shall be, and be deemed at all times to have been, valid and effectual notwithstanding that it related to an item of a Customs Tariff repealed before the making of the by-law and a refund of duty made in pursuance or purported pursuance of such a by-law shall be deemed to have been lawfully made.

Amendments of the Principal Act by the Schedule.

20.—(1.)   The sections of the Principal Act specified in the first column of the Schedule to this Act are amended as respectively specified in the second column of that Schedule.

 

(2.)  All places which were, immediately before the commencement of this Act, aerodromes appointed by proclamations in force under section fifteen of the Principal Act shall be deemed to be airports appointed under section fifteen of the Principal Act as amended by this Act.

THE SCHEDULE

AMENDMENTS OF THE PRINCIPAL ACT.

Section 20.

First Column.	Second Column.
Sections.	Amendments.
15	Omit from paragraph (d) “aerodromes”, insert “airports”
16	Omit “aerodromes”, insert “airports”
19	Omit “aerodrome” (wherever occurring), insert “airport”
31	After “port”, insert “or airport”
58	Omit “aerodrome”, insert “airport”
59	Omit from sub-section (2.) “aerodrome”, insert “airport”
60	Omit from sub-section (2.) “aerodrome”, insert “airport”
61	Omit “aerodrome”, insert “airport”
62	Omit “aerodrome”, insert “airport”
63	Omit “aerodrome”, Insert “airport”
64	Omit from paragraph (a) “aerodrome” (wherever occurring), insert “airport”
75	Omit from paragraph (a) “aerodrome”, insert “airport”
115	Omit “aerodrome” (wherever occurring), insert “airport”
118	Omit “aerodrome”, insert “airport”
123	Omit from sub-section (2.) “aerodrome” (wherever occurring), insert “airport”
175	Omit “aerodrome” (wherever occurring), insert “,airport”
184	Omit “aerodrome” (wherever occurring), insert “airport”
185	Omit “aerodrome”, insert “airport”
192	Omit “aerodrome” (wherever occurring), insert “airport”
228	(a) Omit from paragraph (2.) “aerodrome”, insert “airport”
	(b) Omit from paragraph (5.) “aerodrome”, insert “airport”
229	Omit from paragraph (e) “aerodrome”, insert “airport”
233	Omit from sub-section (4.) “aerodrome” (wherever occurring), insert “airport”
244	After “ships”, insert “, aircraft”