Customs Consolidation Act, 1892 178. If goods of combustible nature landed same to be deposited in available place by the Collector deemed fit. 179. Clearance of goods in Queen's Warehouse. As to powers of Shipowners and Liens 180. Interpretation of terms used in sections 181 to 191, both inclusive. 181. Power to shipowner to enter and land goods in default of entry and landing by owner of goods. 182. If when goods are landed the shipowner gives notice for that purpose the lien for freight is to continue. 183. Lien to be discharged on proof of payment. 184. Lien to be discharged on deposit with the warehouse owner. 185. Warehouse owner may at the end of fifteen days, if no notice be given, pay the deposit to ship owner. 186. Course to be taken if notice to retain is given. 187. After ninety days warehouse owner may sell the goods by public auction. 188. Notices of sale to be given. 189. Moneys arising from sale, how to be applied. 190. Warehouse owner's rent and ex penses. 191. Warehouse owner's protection. Saving. PART IX EXPORTATION 192. Ship's entry outwards. 193. Inward cargo exported to be certified. 194. General provisions outwards. 195. Export entry to be passed. 196. Penalty. 197. Payment of export duty. 198. Goods about to be exported without due entry. 199. Officer to open packages. 200. Place for shipping goods. 201. Time of clearance. 202. Goods not stated in entry to be produce of the colony not to be so certified. 203. Entry outwards. Bill of entry to be delivered. 204. Bond to be given on exportation of goods from warehouse. 205. Officer may board any ship after clearance. 'Clearance.' Customs Consolidation Act, 1892. 248. Master of vessel laden with cargo proceeding to Perth or unloading without permission of landing waiter. PART XVIII SMUGGLING 249. As to ships and boats not bringing. to, &c., and as to goods thrown overboard. 250. Officers to board, and their power. 251. Vessels removing uncustomed or prohibited goods forfeited. 252. Ships not bringing-to may be fired upon. 253. Ships found light forfeited. 254. Ships, &c., with false bulk-heads to be forfeited. 255. Goods unshipped without payment of duty and prohibited goods liable to forfeiture. Goods illegally removed from the warehouse. Prohibited goods exported. Goods concealed on board and goods packed therewith forfeited. 256. Penalty for fraudulently importing by land, or concealing goods so imported. 257. Restricted goods to be deemed run. 258. Goods concealed to be forfeited. Passengers' baggage. 259. Removing goods liable to duty without legal warrant. 260. Ship's goods and persons may be detained. 261. Persons on board any ship or boat, or who may have landed from them, may be searched. 262. Persons before search may require to be taken before a Justice or officer of Customs. 263. Penalty on persons denying having uncustomed or dutiable goods about them. 264. Officers authorised by writ of assistance, and having a peace officer, may search houses and break open doors. 265. Duration of writs of assistance. 266. Officers may search premises by warrant granted on reasonable cause shown. 267. Goods stopped or taken by police officer. 268. Illegally importing. Carrying goods into warehouse Carrying, removing, concealing. Evasion of duty. Penalty treble value or not exceeding £100. 269. How value to be ascertained. 270. Justice may order persons offending to be detained a reasonable time. 271. Any person liable to be detained making his escape may afterwards be arrested by any officer of Customs. 272. Officers of Customs may, upon probable cause, stop carts, &c., and search for goods. 273. Power to call for aid. 274. Punishment for persons assembling to the number of three or more to run goods, or persons obstructing officers or securing or detaining goods to prevent seizure. Rescuing goods. 275. Two or more armed persons assisting in the illegal landing of goods, or in rescuing goods seized, to be deemed guilty of felony. 276. Persons assaulting officer, or by force or violence obstructing, may be imprisoned. 277. Taking away seized goods without authority to be felony. 278. How ships and goods may be disposed of. 279. Ships and goods liable to forfeiture may be seized by any officer. Rewards and Penalties 280. None but officers to take up spirits in casks sunk or floating on the sea. 281. Persons signalling smuggling vessels. 282. Proof of a signal not being intended. 283. Persons may prevent signals. 284. Shooting at boats belonging to Navy or Customs, felony. 285. Penalty for damaging boats, buoys, &c. 286. Officers may haul their vessels on shore. 287. Officers may patrol coasts. 288. Reward to person detaining. 289. Rewards generally. 290. Seizures may be disposed of as Minister may direct. 291. Rewards to officers making seizures. 292. Application of penalties. 293. Minister may distribute shares of seizure so as to reward persons. entitled. 294. Penalties under Registry Act may be sued for under this Act. Customs Consolidation Act, 1892 PART XIX LEGAL PROCEEDINGS 295. Penalties and forfeitures how to be sued for. 296. Informations, convictions, &c., to be in form, &c., in Schedule 14. 297. Justices may condemn goods liable to forfeiture. 298. Justices may commit in certain cases without order of Minister. When quantity of spirits does not exceed 5 gallons, or of tobacco 20 pounds. Where quantity between 5 and 20 gallons spirits, or from 20 to 80 pounds tobacco, Justices may mitigate. Above 20 gallons spirits, or 80 pounds of tobacco, no mitigation by Justices. 299. Penalties and costs to be stated in convictions, &c. 300. Justices may issue warrant and admit to bail. 301. Penalties joint and several may be sued for by joint and several information. 302. Officer of Customs may prosecute, &c. 303. Evidence of condemnation or forfeiture. 304. Any person committed in default of payment of a penalty less than £100 to be discharged by gaoler in six months if not duly released. 305. Provisions of 14 Vic., No. 5, made applicable. 312. If suit brought on account of seizure, and the Judge or Justices shall certify there was probable cause, plaintiff to have twopence damages, and no costs.. 313. One month's notice of action to officer before process. 314. No evidence to be adduced but that contained in notice. 315. Officer may tender amends. 316. Neglecting to tender amends may pay into Court. 317. Action to be commenced within two calendar months next after cause of action has arisen. 318. Judge may issue warrant for apprehending offenders prosecuted by information. 319. When recognizance is given and the party shall not plead, a copy of the information may be delivered to his attorney or agent. 320. Service of subpoena. 321. Impoverished persons may defend in forma pauperis. 322. Proof of payment of duties or of the lawful importation of goods to be on the defendant. 323. The Attorney General may enter a nolle prosequi. 324. Suits to be exhibited within three years. 325. Averment in smuggling cases. 326. What shall be evidence of order of Governor or Minister. 327. Vivá voce evidence may be given that a party is an officer. 328. Persons detained and escaping, fresh information. 329. Collusive seizure, forfeit £500. 330. Persons offering bribes, penalty £200. 331. Governor may restore seizure and mitigate or limit punishments and penalties. 332. Penalties and forfeitures to be paid to Minister. 333. Collector may levy on goods in his possession. 334. Offences on the waters, &c., and jurisdiction. PART XX AGENTS AND AGENCY 335. Agents must be authorised. 336. Authority may be demanded. 337. As to declaration of shipping clerks, &c., in certain cases. 338. Agent personally liable. Customs Consolidation Act, 1892 PART XXI INFIRM PASSENGERS 339. Bond to be given for infirm or in- 340. Bond may be put in suit. PART XXII MISCELLANEOUS AND SUPPLEMENTARY 344. Rules, &c., to apply as far as ap- 345. Governor may require statistical 346. Short payment of duty. 347. Collector may grant bill of health. 348. Sales to be by public auction. 355. Persons arriving in ships from in- 356. Rules and Regulations. 357. Orders, &c., issued by the Minister. 358. Revocation and alteration of orders, &c. SCHEDULES. Preamble Short title and commencement of Act An Act to consolidate and amend the Law relating to BE [Assented to 18th March, 1892. E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited for all purposes as The Customs Consolidation Act, 1892,' and shall come into operation on the first day of May, 1892, and is divided into Parts, as follows: 3: PRELIMINARY. 13: MANAGEMENT AND OFFI CERS. Part Part I.-Sections 2 and Part Part III.-Sections 13 to 16: 20: DISPUTES AS TO DUTY PAYABLE. 26: SETTLEMENT OF CASES Part VII.-Sections 27 to 125: IMPORTATION. Part XIII.-Sections 285 and 236: BONDS AND SECURITIES. TIONS. |