No. 503.

or regauge may be allowed in the warehouse; if any goods subject 38 VICTORIA, to an ad valorem rate of duty shall be damaged in the warehouse, the Commissioner may, upon application by the owner of any such goods in writing, and in such form as he shall prescribe, allow a re-examination and revaluation of such goods; and the Commissioner may allow such reduction in the value of any such goods as he may think fit if after full inquiry into the circumstances of such alleged damage he shall be satisfied that such damage has occurred without the knowledge or privity of the owner and has been accidentally

caused.

certain invoices.

4. The Commissioner may by order to be published in the Production and Government Gazette require the production, at the time of entry of vrination of any goods liable to a fixed rate of duty, of the genuine invoice relating to such goods, and may direct that any such invoice shall be verified on the entry of such goods by a declaration of the importer or of his duly authorized agent in such form as the Commissioner shall approve; and the Commissioner may from time to time by order to be published in the Government Gazette vary the form of the declaration given in the fourth section of the Act CCCVI. in such manner as to him may seem fit.

inland towns.

5. The Governor in Council may from time to time appoint Warehouses in inland towns to be places in which the Commissioner may approve No. 169 s. 3. and appoint warehouses or places of security for bonding purposes, subject however to the payment of the fee specified in Schedule A to Act number CLXIX. Provided always that no inland town shall 23 & 24 Vict. be so appointed unless it shall appear to the Governor in Council c. 36 s. 1. that there is a sufficient consumption of dutiable articles to justify the expenses of a Customs establishment, nor unless such town shall be in direct communication by railway with the port of Melbourne or other port whereat goods to be warehoused at such inland town may be landed and examined.

warehouses.

6. The powers and authorities conferred by The Customs Act Customs Acts to 1857, or any amendment thereof, upon the Governor in Council, the apply to such Commissioner or any officer of Customs, with respect to warehous- Ib. s. 2. ing ports and warehouses, or goods placed therein, shall extend and be applicable to such inland towns and warehouses, or goods placed therein, mentioned in the last preceding section.

section 8 of Act

7. The provisions of section eight of the Act number CCCVI. Application of shall extend to all goods entered at the Custom House, whether the No. 306. duty shall be paid at the time of entry, or eventually become payable according to the account to be taken at such time of entry, if the goods be entered for the warehouse.

smuggling laws.

8. The provisions of all laws now or hereafter in force in Victoria Application of relating to the prevention of smuggling shall extend and be applicable to all goods brought into Victoria, whether by land or sea, and to all persons concerned in the evasion of duties, or part of such duties, or in any attempt at such evasion.

9. The Commissioner may subject to any regulations made by Warehouses for the Governor in Council approve and appoint warehouses for the dressing rice or cleaning and dressing of rice, or for any other purpose which to the poses.

for other pur

No. 503.

38 VICTORIA, Governor in Council may seem desirable to facilitate trade and manufactures; such regulations aforesaid may fix the hours which shall be observed by Customs officers placed in charge of any such warehouse and the fee payable by the proprietor thereof for their attendance; and the Commissioner shall fix the security to be required for the safe custody of any rice or other goods which may be placed in any such warehouse until cleared in due course for home consumption or exportation, and may determine the proportion of the residue of such cleaning or dressing upon which duty shall be paid.

Importer liable for false decla

10. Any declaration made under any law now or hereafter in ration of his clerk. force relating to the Customs by any shipping clerk or known employé of any importer or owner of goods or merchant shall be held to have been made with the knowledge and consent of such importer or owner of goods or merchant, unless the contrary be proved; and in any prosecution for a false declaration the importer owner of goods or person in whose behalf any declaration may have been made shall be liable to any money penalties imposed by any Customs law for a false declaration as fully and effectually as if such declaration had been made by himself.

Incorporation of
Customs laws.

11. The provisions of all laws now or hereafter in force relating to the Customs shall (save in so far as the same are inconsistent herewith or altered hereby) be deemed and taken to be incorporated with this Act.

20

24

An Act to provide for the Regulation and Discipline of the Military and Naval Forces in the service of Her Majesty's Government in Victoria.

E it enacted by the Queen's Most Excellent Majesty by and with Preamble. the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows:

1. This Act shall be called and may be cited as "The Discipline Short title. Act 1870."

34 VICTORIA,

2. The Governor may on behalf of Her Majesty place in No. 389. commission any armed vessels that the Parliament of Victoria may Governor autho- from time to time direct to be maintained and may engage the services of any persons() to serve in the military and the naval forces of Victoria upon the terms and conditions hereinafter contained.()

rised to engage services of per

sons to serve in

the armed forces of the colony.

Regular and occasional service.

First Schedule.

3. All persons whose services are engaged as aforesaid and who have taken and subscribed to the oath hereinafter provided whether they are regularly or occasionally employed shall during such period of employment be subject to the provisions of this Act and of the regulations as hereinafter provided.

Oath to be taken. 4. Every person so engaged shall before he is subject to the provisions of this Act take and subscribe before some justice or before any commissioned officer as hereinafter provided in command of any vessel of war or corps and such officer is hereby empowered to administer to the same the oath in the First Schedule to this Act. Every person taking and subscribing such oath as aforesaid shall be deemed and taken to have thereby entered into a written agreement with and shall be thereby bound to serve Her Majesty as a member of the force in which he may have engaged and in the capacity in which he shall have taken such oath until legally discharged from the day on which such oath shall have been taken and subscribed. No such agreement shall be set aside cancelled or annulled for want of reciprocity; but every such agreement may be cancelled at any time by the lawful discharge dismissal or other removal from office of any such person or by the acceptance of the resignation of any such person in the manner prescribed by the rules made hereunder. And all oaths administered and subscribed in accordance with the provisions of this Act shall be transmitted by the justice or officer as the case may be before whom the same were taken to the Governor or such person as he may appoint in that behalf.

Governor to issue commissions.

Warrant petty and non-commis

5. The Governor may appoint fit and proper persons as officers to the military and the naval forces of Victoria and issue commissions to such persons under his hand and the seal of the colony and may withdraw annul alter or amend all such commissions. (c)

6. The Governor or any person to whom he may delegate his sioned officers to authority in that behalf may appoint fit and proper persons as be appointed by warrant and non-commissioned or petty officers.

the Governor or by person to

whom he may delegate his

authority.

7. The Governor may fix the amount of pay and allowances to be received by all persons engaged by virtue of this Act: Provided Pay and allow such pay and allowances shall not exceed in amount the respective sums voted by Parliament for the services of such persons.

ances.

Governor may make rules and

8. The Governor may make rules and regulations for the employment removal or dismissal and for the better government of

(a) An infant is a person within this section, and may enter into an engagement to serve without his parents' consent.-In re Hayes, 4 A.J.R., 34 & 77.

(b) As to armed vessels and naval forces, see

35 Vict. No. 417 s. 1, “Discipline (Naval Amendment)," post, p. 761.

(c) Persons appointed but not "engaged" are not amenable to the provisions of this Act so as to be liable to a fine.-Reg. v. Sturt, ez parte Johnson, 4 A.J.R., 78.

regulations for

government of

persons engaged by virtue of this Act and for enforcing good order 34 VICTORIA, and discipline among them and otherwise carrying out this Act, and No. 389. from time to time annul alter or amend the same and substitute others in lieu thereof, which rules and regulations shall after publi- the better cation thereof in the Government Gazette, be judicially taken notice persons whose of by all judges in all courts whatsoever, and all such rules regula- been accepted tions and orders shall be laid before both Houses of Parliament by virtue of this within fourteen days after the making thereof, if Parliament be then sitting, and if Parliament be not sitting, then within fourteen days after the commencement of the next sitting of Parliament.

services have

Act.

actual service

sion &c.

9. On a summons by proclamation in the Government Gazette Liable to go into by the Governor and in all cases of actual invasion of the colony or when summoned hostile attack thereon or upon the making of any general signals of in case of invaalarm as provided in the regulations to be made as aforesaid every person whose services shall have been so engaged as aforesaid shall forthwith assemble and shall be liable to march or embark on board any ship or vessel and to serve according to the terms and conditions of the regulations to be made as aforesaid for their respective services.

10. If any person so engaged and not labouring under any Refusal or neglect infirmity disabling him from active service refuse or neglect to join to obey summons. as may be directed and to assemble and march upon any such summons or general signal of alarm as aforesaid he shall be deemed

a deserter and shall be liable to punishment as such.

11. All persons so engaged and assembling to serve in the Mutiny Act to forces aforesaid shall upon and from the time of such assembling, apply during and until their services shall be legally dispensed with, continue and be subject if serving in the military forces to all the provisions contained in the Act of Parliament now in force in the United Kingdom of Great Britain and Ireland for the government of Her Majesty's army, [and if serving in the naval forces aforesaid, whether (Repealed by within the colony or elsewhere to the enactments and regulations now)s. 3, "Discipline in force for the discipline of the royal navy].

35 Vict. No. 417

(Naral Amendment)," post,

p. 762.

12. The Governor may from time to time appoint three or five Power to conpersons being commissioned officers under this Act or of the volun- stitute courts. teer or militia forces of Victoria or being police magistrates or justices of the peace to be a court to hear and determine all offences committed against this Act or the regulations made in pursuance hereof and shall appoint one of the persons aforesaid to be president of such court. And the procedure of such court and all matters connected therewith shall be regulated by the rules to be made hereunder.

evidence and

13. Every such court may hear receive and examine evidence Power to take and shall have the power of punishing for contempt of court by punish for confine not exceeding Five pounds or by imprisonment for a time not tempt. exceeding twenty-four hours, and shall have the same power of adjournment and of enforcing the attendance and the examination of witnesses as a court of petty sessions has.

14. Every court shall have power to censure fine imprison Power of court. with or without hard labor and with or without solitary confine