STATUTORY RULES.

1929. No. 127.

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REGULATIONS UNDER THE CUSTOMS ACT 1901-1925.

(Tenth Amendment.)

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, noting with the advice of the Federal Executive Council do hereby make the following Regulations under the Customs Act 1901-1925, to come into operation on 1st January, 1930.

Dated this 27th day of Nov. 1929.

(Sgd.) STONEHAVEN

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

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Amendment of Customs Regulations.

(Statutory Rules 1926, No. 203, as amended to this date.)

1. Regulations 156 to 164 inclusive and 166 to 168 inclusive of the Customs Regulations are cancelled and the following substituted:—

SEC. 180.—CUSTOMS AGENTS’ LICENCES.

156. In Regulations 156a to 168 inclusive “Licence” means a licence to act as a Customs Agent.

156a. The Collector may, upon application, grant a licence to any person.

157. Where a licence, is granted to a person who is at the time the licence is granted to him—

(a) exclusively in the employ of a licensed Customs Agent; or

(b) exclusively in the employ of a person firm or company, another of whose employees is a licensed Customs Agent; or

(c) exclusively in the employ of a firm or company a partner in or a director of which is a licensed Customs Agent; or

(d) a partner in a firm of which another partner is a licensed Customs Agent; or

(e) a director of a company of which another director is a licensed Customs Agent

such person may for the purpose of Regulations 156a to 168 inclusive and the Forms thereunder be styled a Sub-Agent, and the employer, co-employee, partner or co-director, as the case may be, of the Sub-Agent or the partner in the firm or director of the company by which the Sub-Agent is employed may for the purpose of the said Regulations and the Forms thereunder be styled the Head Agent of the Sub-Agent.

157a. Any licence granted to a Sub-Agent shall forthwith cease and determine—

(a) if the licence of his Head Agent ceases or is cancelled or is determined; or

(b) if the grounds upon which he is accepted as a Sub-Agent under these Regulations cease to exist.

158. The application for a licence may be in accordance with Form 54 or 55 as the case requires. The licence may be in accordance with Form 56.

159. The limitation in Section 180 of the Act extends to the following places, namely:—Sydney, Melbourne, Brisbane, Hobart, Adelaide and Port Adelaide, Perth and Fremantle.

160. The Collector may at any time by order under his hand cancel any licence. The order shall set forth the grounds upon which the licence is cancelled.

161. A copy of the order cancelling a licence shall be delivered to the person whose licence has been cancelled or left at his usual place of abode or business.

162. A person whose licence has been cancelled may within fourteen days of the date of cancellation appeal in writing to the Minister against the cancellation and shall state in his appeal the grounds thereof.

163. The Minister shall consider the appeal and may dismiss or allow the appeal. If the appeal is allowed the order of cancellation shall be deemed to be void and the licence be deemed to have remained in full force and effect notwithstanding such order of cancellation.

164. A Sub-Agent shall on the first working day of January and of July in each year pay to the Collector a licence fee of 5s. and all other persons to whom a licence has been granted shall on each of the said day’s pay to the Collector a licence fee of £2 10s.

166. No Customs Agent, and no person in his employ or acting under his instructions, shall act as the agent of an owner of any goods unless duly authorized by the owner.

167. Any person who, at any port to which the limitation in Section 180 of the Customs Act 1901-1925 extends, acts as the agent for any owner of goods, unless he is a person exclusively in the employment of that owner or is a licensed Customs Agent shall be guilty of an offence.

Penalty: Fifty pounds.

168. A Customs Agent on furnishing a guarantee approved by the Collector may be permitted, to pay the duties of Customs on goods entered by him, at or before the closing time for receipt of cash at the Customs Office on the day on which the goods were entered, instead of at the time of making the entry.

2. Forms 54, 55, 56, 57, 84 and 85 in the Schedule to the Customs Regulations are cancelled and the following substituted:—

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FORM 54.

Sec. 180.

Reg. 158.

Australian Customs.

Application for Customs Agent’s Licence.

State of ...................................................Port of…………………………………...........................

19…….

I (a).................................... hereby make application to be granted a licence to act as a Customs Agent under the provisions of Section 180 of the Customs Act 1901-1925 and the Regulations for the time being in force thereunder.

I submit the names of.....................................of.......................and........................of.....................as sureties for the sum of.......................pounds (or of a Guarantee Society or a deposit in cash as the case may be) for the faithful and incorrupt conduct of myself and of each Sub-Agent (if any) of whom I may for the time being be the Head Agent and the due fulfilment of the obligations of myself and of each such Sub-Agent (if any) as a Customs Agent under the provisions of the said Act and Regulations.

……………………

Applicant.

(a) Here state name in full, place of residence, and occupation.

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FORM 55.

Sec. 180.

Reg. 158.

Australian Customs.

Application for a Customs Agent’s Licence by a person who desires to be accepted as a Sub-Agent.

State of ..................................................Port of.................................................................................

19........

I (a) .................................... hereby make application to be granted a licence to act as a Customs Agent under the provisions of Section 180 of the Customs Act 1901-1925 and the Regulations for the time being in force thereunder.

I desire to be accepted as a Sub-Agent under the said Regulations on the following ground—

(b) exclusively in the employ of .....................................................................................

I am a partner in the firm of...............................................................................................

a director of ...............................................................................................................

The Customs Agent who (if a licence is granted to me) will for the purposes of the Regulations be my Head Agent is................................................................................

………………………..

Applicant.

(a) Insertname in full and place of residence.

(b) Use the form of words applicable to the case, completed, as the case requires, by the insertion of the name of the employer, firm or company. Strike out the words not applicable.

FORM 56.

Sec. 180.

Reg. 158.

Australian Customs.

Customs Agent’s Licence

Pursuant to and subject to the provisions of Section 180 of the Customs Act 1901-1925 and of the Regulations for the time being in force thereunder ..................of................ in the State of ..................in hereby licensed to act as a Customs Agent at any port in the Commonwealth where a Customs Agent’s licence is necessary for transacting business relating to the Customs.

Dated this.....................................day of…………………............................19……….

………………………

Collector.

This licence is hereby accepted by me.

.........19 . ....................................

Customs Agent.

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FORM 84.

Sec. 42.

Reg. 165.

Commonwealth of Australia.

Customs Agent: Security to the Customs.

By this security the subscribers are, pursuant to the Customs Act 1901-1925, bound to the Customs of the Commonwealth of Australia in the sum of .........................subject only to this condition that if .......................... who is an applicant for a licence under the said Act and the Regulations thereunder to act as a Customs Agent at any port in the Commonwealth where a licence is necessary, shall, so long as he is licensed to act as a Customs Agent, faithfully and incorruptly perform his duties as a Customs Agent to the satisfaction of the Collector of Customs in the State where the licence is used and shall at the time and in the manner set forth in any guarantee furnished by or in respect of him in pursuance of the Customs Regulations pay to the said Collector of Customs the duties of Customs payable upon any goods delivered from the control of the Customs before the duty is paid upon such goods or because of any such guarantee, then this Security shall be thereby discharged.*

Dated at ..............................the .................................day of…………................19 .

*Note—If liability is not intended to be joint and several and for the full amount, here state what is intended as, for example, thus—“The liability of the subscribers is joint only” or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.

FORM 85.

Sec. 42.

Reg. 165.

Commonwealth of Australia.

Customs Agent: Security to the Customs where Security Covers Head Agent and Sub-Agent or Sub-Agents.

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By this security the subscribers are, pursuant to the Customs Act 1901-1925 bound to the Customs of the Commonwealth of Australia in the sum of ………........... pounds, subject only to this condition that if …….................. who is an applicant (and is hereinafter called the applicant) for a licence under the said Act and the Regulations thereunder to act as a Customs Agent at any port in the Commonwealth where a licence is necessary and each and every person who may for the time being be a Sub-Agent of the applicant, shall (so long as the applicant or any such Sub-Agent is licensed to act as a Customs Agent) faithfully and incorruptly perform the duties of a Customs Agent to the satisfaction of the Collector of Customs in the State in which they or any of them shall act as a Customs Agent, and shall at the time and in the manner set forth in each and every guarantee furnished by or in respect of them or any of them in pursuance of the Customs Regulations pay to the said Collector of Customs the duties of Customs payable upon any goods delivered from the control of the Customs before the duty is paid upon such goods or because of any such guarantee, then this security shall be thereby discharged.*

Dated at .....................................the...............................day of..................................19 .

*Note—If liability is not intended to be joint and several and for the full amount, here state what is intended as, for example, thus—“The liability of the subscribers is joint only” or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.

By Authority: H. J. Green, Government Printer, Canberra.