1898, No. 11,

8. 32.

(2.) Any copy of or extract from any document kept and See N.S. W., registered at the office for the registration of companies in any State, if certified under the hand of the Registrar or an Assistant or Deputy-Registrar, shall in all Courts within the Commonwealth be admissible in evidence in all cases in which the original document is admissible in evidence and for the same purposes and to the same extent.

PROOF OF JUDICIAL PROCEEDINGS.

17. Evidence of any judgment decree rule order or other judicial proceeding of any Court of a State, including any affidavit pleading or other legal document filed or deposited in any such Court, may be given in all Courts within the Commonwealth by the production of a copy thereof

(a) proved to be an examined copy thereof; or
(b) purporting to be sealed with the seal of such Court; or
(c) purporting to be signed by a Judge of such Court with
a statement in writing attached by him to his signature
that such Court has no seal and without proof of his
judicial character or of the truth of such statement.
SUPPLEMENTAL.

18. All public acts records and judicial proceedings of any State, if proved or authenticated as required by this Act, shall have such faith and credit given to them in every Court and public office within the Commonwealth as they have by law or usage in the Courts and public offices of the State from whence they are taken.

19. The provisions of this Act shall be in addition to and not in derogation of any powers existing at common law, or given by any law at any time in force in any State.

CUSTOMS.

No. 6 of 1901.

An Act relating to the Customs.

[Assented to 3rd October, 1901.] BE it enacted by the King's Most Excellent Majesty the Senate

and the House of Representatives of the Commonwealth of Australia as follows:

PART I. INTRODUCTORY.

1. This Act may be cited as the Customs Act 1901.

2. This Act shall commence on a day to be fixed by proclamation.'

Proclaimed to commence 4th October, 1901. See Gazette, 3rd October, 1901.

Short title.

Commence

ment.

Part

Part

Part

Part

Administration.

III.-Customs Control, Examination, Entries, and
Securities generally.

IV.--The Importation of Goods.

Division 1.-Prohibited Imports.

Division 2.-The Boarding of Ships.
Division 3.-The Report of the Cargo.

Division 4.-The Entry, Unshipment, Landing,
and Examination of Goods.

V. The Warehousing of Goods.

Division 1.-Licensed Warehouses.
Division 2.-King's Warehouses.

VI.-The Exportation of Goods.

Part VII.-Ships' Stores.

Part VIII.-The Duties.

Intrepretation.

4. In this Act except where otherwise clearly intended-
"Answer questions" means that the person on whom the
obligation of answering questions is cast shall to the best
of his knowledge, information, and belief truly answer all
questions on the subject mentioned that the Collector shall
ask.

"By authority" means by the authority of the officer of
Customs doing duty in the matter in relation to which the
expression is used.

"Carriage" includes vehicles and conveyances of all kinds.
"Collector" includes the Comptroller and any Collector of
Customs for the State and any principal officer of Customs
doing duty at the time and place and any officer doing
duty in the matter in relation to which the expression
is used.

"Comptroller" means the Comptroller-General of Customs. "Customs Acts" includes this Act and all laws and regulations relating to Customs in force within the Commonwealth or any part of the Commonwealth.

"Days" does not include Sundays or holidays.

"Documents" includes books.

"Drawback" includes bounty or allowance.

"Dutiable goods" includes all goods in respect of which any duty of Customs is payable.

"Gazette notice" means a notice signed by the Minister and published in the Gazette.

"Goods" includes all kinds of movable personal property. "Goods under drawback" includes all goods in respect of which any claim for drawback has been made.

"Justice" means any Justice of the Peace having jurisdiction. in the place.

"Master" means the person in charge or command of any ship except a pilot or Government officer.

66

Officer" includes all persons employed in the service of the Customs.

"Owner" in respect of goods includes any person (other than an officer of Customs) being or holding himself out to be the owner, importer, exporter, consignee, agent, or person possessed of, or beneficially interested in, or having any control of, or power of disposition over the goods.

"Owner" in respect of a ship includes every person acting as agent for the owner or to receive freight or other charges payable in respect of the ship.

"Parts beyond the seas" means any country outside of Australia.

"Package" includes every means by which goods for carriage may be cased covered enclosed contained or packed. "Port" means any proclaimed port.

"Prescribed" means prescribed by this Act.

"Produce documents" means that the person on whom the obligation to produce documents is cast shall to the best of his power produce to the Collector all documents relating to the subject matter mentioned.

"Ship" includes every description of vessel used in navigation not propelled by oars only.

"Smuggling" means any importation or introduction or attempted importation or introduction of goods with intent to defraud the revenue.

"The Customs" means the Department of Trade and Customs. "This Act" includes all regulations made thereunder.

"Warehouse" means a warehouse licensed for the purposes of this Act.

"Wharf" means a wharf appointed for the purposes of this Act.

"Wharf owner" includes any owner or occupier of any wharf.

F

Indication of penalties.

Administration.

Comptroller-
General.

State Collector.

Delegation by
Minister.

Delegation by
Comptroller.

Revocation of delegation.

Continuance of
Officers.

Customs seal.

Customs flag.

Appointment of boarding stations &c.

5. The penalties referred to at the foot of sections indicate that any contravention of the section whether by act or omission shall be an offence against this Act punishable upon conviction by a penalty not exceeding (except as hereinafter provided) the penalty mentioned.

PART II.-ADMINISTRATION.

6. Until it is otherwise lawfully determined the Customs Acts shall be administered by the Minister of State for the Commonwealth administering the Customs.

7. There shall be a Comptroller-General of Customs who under the Minister shall be the permanent head of the Customs and shall have the chief control of the Customs throughout the Commonwealth.

8. There shall in each State be a Collector of Customs who subject to the Comptroller shall be therein the Chief Officer of the Customs and shall be called the Collector of Customs for the State.

9. In relation to any particular matters or class of matters or to any particular State or District the Minister may by writing under his hand delegate any of his powers under any Customs Act (except this power of delegation) so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified or the State or District defined in the instrument of delegation.

10. The Comptroller with the written approval of the Minister may similarly delegate any of his powers under any Customs Act.

11. Every delegation, whether by the Minister or Comptroller shall be revocable in writing at will, and no delegation shall prevent the exercise of any power by the Minister or Comptroller.

12. All persons acting in the service of the Customs at the commencement of this Act shall be deemed to have been duly appointed.

13. The seal of the Customs shall be the Royal Arms having the words "Australia-H.M. Customs" encircling the Arms and the name of the State and port added thereto. Such seal shall be judicially noticed.

14. The vessels and boats employed in the service of the Customs shall be distinguished from other vessels and boats by such flag as shall be prescribed.

15. The Governor-General may by proclamation—

(a) Appoint boarding stations for the boarding of ships by

officers.

(b) Establish ports and fix their limits.

(c) Appoint wharfs within ports and fix their limits.

16. Ports and wharfs may be established or appointed for specified Appointment of limited purposes or without any such limitation.

17. The Minister may by Gazette notice—

ports and
wharfs.

Appointment of sufferance wharfs &c.

(a) Appoint sufferance wharfs in any port.

(b) Appoint places for the examination of goods on landing. 18. All boarding stations ports wharfs and examination places in actual use by authority at the commencement of this Act shall continue as if established or appointed under this Act.

Continuance of stations &c.

boarding

on wharfs.

19. Every wharf-owner shall provide to the satisfaction of the Accommodation Collector suitable office accommodation on his wharf for the exclusive use of the officer employed at the wharf also such shed accommodation for the protection of goods as the Minister may in writing declare to be requisite.

Penalty Twenty pounds.

20. Carriages boats and lighters may be licensed for the carriage Licences. of goods subject to the control of the Customs upon payment of such fees and subject to such conditions as may be prescribed.

21. The principal official of any railway in lieu of taking out a Licensed railway licence for each carriage to be used in the carriage of goods subject carriages. to the control of the Customs may give security for the due carriage and custody of all such goods on the railway, and thereupon all carriages of the railway shall be deemed to be licensed.

licences.

22. All carriages boats and lighters licensed for the purposes of Continuance of any State Customs Act at the commencement of this Act shall be deemed to be similarly licensed under this Act; but unless actually licensed under this Act such carriages boats and lighters shall cease to be licensed on the expiration of the period for which the last payment of licence-fee was made prior to the commencement of this Act or such further time if any as may be prescribed, or as may be allowed by the Minister by Gazette notice.

23. The licence for any carriage boat or lighter may be revoked Revocation of by the Comptroller if the licensee shall be guilty of any fraud or licence. misconduct or shall fail to comply with this Act.

carriages or lighters.

24. No person shall use any unlicensed carriage boat or lighter Unlicensed for the conveyance of goods subject to the control of the Customs. Penalty Twenty pounds.

25. Declarations under this Act may be made before the Minister Comptroller or any Collector or any Justice and also before any officer authorized in that behalf by the Minister or Comptroller.

Before whom declarati

declarations may

26. No person shall knowingly receive a declaration under this Declaration by Act by any person under the age of eighteen years.

youths.

27. If the Governor-General shall so direct by proclamation any state inspection State Act relating to the inspection or testing of imported goods may laws. be executed and enforced by the Customs.