duties shall be deemed to have been imposed at such time and dates, and shall be charged collected and paid to the use of the King for the purposes of the Commonwealth on the following goods namely:

(a) All goods dutiable under the Schedule and manufactured
or produced in Australia after the time when such
duties are deemed to have been imposed; and

(b) All goods dutiable under the Schedule and manufactured
or produced in Australia before the time when such duties.
are deemed to have been imposed, and which were at that
time subject to the control of the Customs or to Excise
supervision or in the stock custody or possession of or
belonging to any brewer distiller manufacturer or refiner
thereof, and on which no duty of Customs or Excise had
been paid before the time when such duties are deemed
to have been imposed.

under Tariff

6. All duties of Excise collected pursuant to any Tariff or Validation of Tariff alteration shall be deemed to have been lawfully imposed and collections collected, and no additional duty shall be payable on any goods on proposals. which duty was so collected merely by reason that the rate at which the duty was so collected is less than the rate of duty specified in this Act, and no duty shall be payable in respect of goods delivered for home consumption free of duty pursuant to any Tariff or Tariff alteration.

excisable goods.

7. Whenever any goods are manufactured which in the opinion Substitutes for of the Minister are a substitute for any excisable goods, or are intended to be or can be used as such substitute, or for any purpose for which such excisable goods can be used, or for any similar purpose, the Minister may by Gazette notice direct that such first mentioned goods shall be charged with Excise duty at a specified rate, such rate to be proportionate to the rate of duty chargeable on the excisable goods according to a standard to be prescribed by regulations under the Excise Act, and upon the publication of the Gazette notice the goods specified therein shall be deemed to be excisable goods.

THE SCHEDULE.

THE EXCISE TARIFF.

All imitations to be dutiable at the rate chargeable on the goods they imitate, unless such rate is less than the rate which would otherwise be chargeable on the imitations.

"Proof" or "Proof Spirit" means spirit of a strength equal to that of pure ethyl alcohol compounded with distilled water so that the resultant mixture at a temperature of 60° Fahrenheit has a specific gravity of 0·9198 as compared with that of distilled water at the same temperature.

"N.E.I." means

66

not elsewhere included."

ROYAL COMMISSIONS.

ВЕ

No. 12 of 1902.

An Act relating to Royal Commissions.

[Assented to 8th September, 1902.]

E it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:

1. This Act may be cited as the Royal Commissions Act 1902.

2. Whenever the Governor-General by letters patent under the Great Seal of the Commonwealth issues a Commission to any persons to make any inquiry, the President or Chairman of the Commission, or the sole Commissioner as the case may be, may by writing under his hand summon any person to attend the Commission at a time and place named in the summons, and then and there to give evidence and to produce any books documents or writings in his custody or control material to the subject matter of the inquiry.

Short title.

Power to send

and documents.

for witnesses

oath

3. Any of the Commissioners may administer an oath to any Power to person appearing as a witness before the Commission, whether the examine upon witness has been summoned or appears without being summoned, and may examine the witness upon oath.

lieu of oath.

4. (1.) Where any witness to be examined before the Com- Affirmation in mission conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath, and that he will state the truth, the whole truth, and nothing but the truth, to all questions that may be asked him.

(2.) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.

5. If any person served with a summons to attend the Commission, whether the summons is served personally or by being left at his usual place of abode, fails without reasonable excuse to attend the Commission, or to produce any documents, books, or writings in his custody or control which he was required by the summons to produce, he shall be liable, on summary conviction, to a penalty not exceeding Fifty pounds.

Penalty for

failing to attend or produce

documents.

Penalty for refusing to be

evidence.

6. If any person appearing as a witness before the Commission sworn or to give refuses to be sworn or to make an affirmation or to answer any question put to him by any of the Commissioners touching the subject matter of the inquiry he shall be liable on summary conviction to a penalty not exceeding Fifty pounds.

Protection to
Commissioners.

Protection to

and liability of witnesses.

Allowances to witnesses.

7.-(1.) Every such Commissioner shall in the exercise of his duty as Commissioner have the same protection and immunity as a Justice of the High Court.

(2.) Every witness summoned to attend or appearing before the Commission shall have the same protection, and shall in addition to the penalties provided by this Act be subject to the same liabilities in any civil or criminal proceeding, as a witness in any case tried in the High Court.

(3.) Until the High Court is established, this section shall be read as if the words "Supreme Court of the State in which the Commission sits" were substituted for the words "High Court."

8.-(1.) The Governor-General may make regulations prescribing a scale of allowances to be paid to any witness summoned under this Act for his travelling expenses and maintenance while absent from his usual place of abode.

(2.) The claim to allowance of any such witness, certified by the President or Chairman of the Commission or by the sole Commissioner as the case may be, shall be paid by the Treasurer out of moneys to be provided by the Parliament for the purposes of the Commission.

POST AND TELEGRAPH RATES.

Short title.

Commencement.

Incorporation.

No. 13 of 1902.

An Act relating to Postal and Telegraphic Rates. [Assented to 9th September, 1902.] BE it enacted by the King's Most Excellent Majesty, the Senate,

and the House of Representatives of the Commonwealth of

Australia, as follows:

1. This Act may be cited as the Post and Telegraph Rates Act

1902.

2. This Act shall commence on a day to be fixed by proclamation.* 3. This Act shall be incorporated and read as one with the Post and Telegraph Act 1901.

*Proclaimed to commence 1st November, 1902. See Gazette, 26th September, 1902.

4. In this Act unless the contrary intention appears-
"Rate" means the fee or charge for the performance of any
postal or telegraphic service.

Definition.

on Government

5. Telegrams, letters, and postal articles transmitted or posted Rates to be paid on behalf of the King, the Commonwealth Government, or any correspondence. State Government shall, unless exempted by some Act, be subject to the postal and telegraphic rates for the time being in force. Subject to such regulations as the Governor-General may prescribe telegrams may be transmitted without charge on behalf of the Meteorological Department of or subsidized by a State until the establishment of a Commonwealth Meteorological Department.

6. The rates for the conveyance of newspapers posted within the Newspaper Commonwealth shall be as set out in the First Schedule to this

Act.

rates.

7. The rates for the transmission of telegrams within the Telegraphic Commonwealth shall be as set out in the Second Schedule to this

Act.

rates.

8. All Braille and Moon postal articles shall be conveyed Braille and without charge under Departmental regulations.

9. The power of the Governor-General under section ninety-seven of the Post and Telegraph Act 1901 to make regulations shall include the power to make regulations for prescribing the limits within which the rates for town and suburban telegrams and letters shall have effect, and for prescribing charges for the porterage of telegrams.

Moon postal articles free.

Limits of town telegraph rates.

and suburban