Customs Department Act 1952

[1 July 1952]

[preamble and words of enactment omitted]

Interpretation

1 In this Act, unless the context otherwise requires —

"the Department" means the Customs Department established under section 2;

"the Minister" means the Minister of Finance;

"prescribed" means prescribed by regulation under the Govern ment Fees Act 1965 [title 15 item 18].

Customs Department established

2 (1) There shall be established a Department of Government which shall be known as the Customs Department, the persons ap pointed to which shall have the powers and duties imposed upon mem bers of the Department, Customs Officers or members of the Customs Division by this Act and any other enactment.

(2) The Department shall, subject to the general or special di rections and control of the Minister, be under the supervision of a public officer who shall be known as the Collector of Customs and shall consist of such number of Assistant Collectors of Customs and other public offi cers as may from time to time be authorized by the Governor.

(3) Notwithstanding the foregoing, where any member of the Department is appointed to be an Immigration Officer or a Health Officer pursuant to section 7 he shall, to the extent authorized by the Collector of Customs, comply with the directions and instructions of the Minister of Labour and Immigration and the Chief Immigration Officer or, as the case may be, the Minister of Health and Social Services and the Chief Medical Officer in relation to matters falling within the control of those authorities and officers and shall comply with any provision of law for the time being in force relating to the functions to be performed by him in the capacity of an Immigration Officer or Health Officer.

[section 2 amended by 1998 : 20 effective 18 June 1998]

Charge payable for customs supervision of ship arriving in Bermuda; relaxation of supervision; exempted ships

3 (1) Where any ship, not being an exempted ship within the meaning of subsection (4), arrives in Bermuda from any port or place outside Bermuda the prescribed fee in respect of customs supervision of that ship shall be paid by or on behalf of the owner of the ship or, in the absence of the owner, then by or on behalf of the agent of the ship:

Provided that where the Collector of Customs is satisfied that, as respects any particular ship, customs supervision may be relaxed with out endangering the safeguarding of the revenue, the Collector of Cus toms, if no substantial supervision is in fact exercised, may direct that such prescribed fee shall not be payable in respect of that ship.

(1A) In any case where a ship such as aforesaid arrives in Bermuda, from any port or place outside Bermuda, holding one or more ship containers, an additional prescribed fee shall be paid in respect of each such container by or on behalf of the owner of the ship or, in the absence of the owner, then by or on behalf of the agent of the ship.

[subsection (1A) inserted by 1990:10 effective 1 April 1990]

(1B) In this Act, the expression "ship container" means a container of a permanent character specially designed to facilitate the carriage of goods by ship, and having an internal volume of not less than one cubic metre.

[subsection (1B) inserted by 1990:10 effective 1 April 1990]

(2) Any charges falling to be paid under (1) may, without limit of amount, be recovered before a court of summary jurisdiction in the manner provided by the Magistrates Act 1948 [title 8 item 15] for the re covery of a debt or liquidated demand:

Provided that execution may issue immediately, and if the court so directs may, to the limit of the amount recovered as aforesaid, to gether with cost of execution, be levied on the goods or monies of the owner, agent or master of the ship, or, as the case may be, on the goods or monies of the consignor or consignee of any cargo, in connection with which the amount was recovered, wheresoever such goods or monies may be.

(3) Clearance shall not, unless the Collector of Customs other wise directs, be granted in respect of any ship where any charges falling to be paid under subsection (1) in respect of that ship remain unpaid.

(4) For the purposes of the foregoing provisions of this section a ship shall be deemed to be an exempted ship if the ship—

(a) is one of Her Majesty's Ships of War, or any other ship owned and operated by the Government of any part of Her Majesty's dominions; or

(b) is a ship owned and operated as a public vessel by the Government of any state; or

(d) is a yacht or other vessel used exclusively for pleasure purposes; or

(e) is a ship which arrives in Bermuda—

(i) solely by reason of being in distress; or

(ii) solely by reason of stress of weather; or

(iii) solely for the purpose of landing any person for medical reasons; or

(iv) solely for the purpose of landing any person who, being a passenger or forming part of the crew of any ship or aircraft, is rescued at sea; or

(v) solely for the purpose of obtaining fuel, water or ship stores; or

(vi) solely by reason of assisting in the salvage of any other ship.

Charges for services outside customs area

4 (1) Without prejudice to anything in the foregoing provisions of this Act, where, in the opinion of the Collector of Customs, it is neces sary, having regard to all the circumstances including the exigencies of the customs service, for a member of the Department to exercise cus toms supervision —

(a) outside a customs area within the meaning of the Rev enue Act 1898 [title 14 item 10]; or

(b) at any place between the hours of 5 p.m. and 8 a.m. during any day not being a Sunday or public holiday; or

then, in any such case the person requesting such supervision shall pay to the Collector of Customs the prescribed fee:

Provided that nothing in this subsection shall have effect in re lation to the attendance of a member of the Department at a bonding warehouse within the meaning of the Revenue Act 1898 [title 14 item 10] between the hours of 8 a.m. and 5 p.m. inclusive for the purpose of su pervising the placing in bond, or the taking out of bond, any packaged goods, being goods which require no packing or sorting before they are placed in bond or before being taken out of bond as the case may be, where such attendance —

(a) is required by the Collector of Customs in accordance with the powers vested in him by the Revenue Act 1898 [title 14 item 10]; and

(b) the person requesting supervision is unable to obtain from the Collector of Customs or other proper officer lawful authority for dispensing with such requirement:

Provided further that nothing in this subsection shall have effect so as to require any fee to be paid pursuant to this subsection in respect of the customs supervision of any ship container whether within or outside a customs area.

[proviso to subsection (1) inserted by 1990:10 effective 1 April 1990]

(2) Any sum of money falling to be paid under subsection (1) may be recovered before a court of summary jurisdiction in the manner provided by the Magistrates Act 1948 [title 8 item 15] for the recovery of a debt or liquidated demand.

Charges for courier packages

4A (1) Without prejudice to anything in the foregoing provisions of this Act, the prescribed fee shall be paid to the Collector of Customs in respect of customs supervision (whether within or outside a customs area within the meaning of the Revenue Act 1898 [title 14 item 10]) of any courier package imported into Bermuda.

(2) In subsection (1), "courier package" means a package im- ported into Bermuda in accompanied passenger's baggage for a business providing a service of expeditious delivery of such packages for that business's customers.

Powers and immunities of members of Customs Department

5 (1) Every member of the Department may make, while acting in the execution of his duty, such searches of ships, aircraft and goods as are reasonably required for the due performance of his duties as such a member by or under any provision of law, and for that purpose may en ter (using reasonable force if necessary) any warehouse or other place of deposit inside a customs area within the meaning of the Revenue Act 1898 [title 14 item 10] and any wharf, dock or landing place wherever situated.

(2) Every member of the Department shall, while acting in the execution of his duty, be entitled to the like protection and immunity as is conferred by or under any provision of law upon a police officer acting in the execution of his duty in substantially similar circumstances.

Governor may appoint customs officers as Immigration and Health Officers

6 (1) The Governor may appoint any member of the Depart ment—

(a) to be an Immigration Officer for the purpose of exercis ing any powers and performing any duties which may be exercised or performed by an Immigration Officer under the provisions of the Bermuda Immigration and Protec tion Act 1956 [title 5 item 16];

(b) to be a Health Officer for the purpose of exercising any powers and performing any duties which may be exer cised or performed by a Health Officer under the provi sions of the Quarantine Act 1946 [title 11 item 2],

(2) No member of the Department who is, under subsection (3), appointed to be an Immigration Officer or Health Officer or both shall be entitled to any other or additional salary or other emoluments by virtue of such appointment.

(3) The powers and immunities conferred upon members of the Department by section 6(1) and (2) shall extend to any such members who are appointed under this section to be Immigration Officers or Health Officers or both while acting in the execution of their duty as Im migration Officers or Health Officers.

[Amended by:

Bermuda Consolidated Legislation

Customs Department Act 1952