Customs Amendment Act 1983 (Cth)
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by inserting in paragraph (5) (b) “, Papua New Guinea” after “Australia”; and
(b) by inserting in paragraph (6) (b) “, Papua New Guinea” after “Australia”.
“(2) Where, during a year, a person first enters for home consumption goods that were imported into Australia by him before the commencement of that year, he shall, for the purposes of this Part, be deemed to have imported those goods into Australia during that year and not during any other year.”.
“269b. (1) In this Part, unless the contrary intention appears—
‘application’ means an application made under section 269g for a concession order;
‘concession order’ means a Commercial Tariff Concession Order provided for by section 269c;
‘days’ includes Sundays and holidays;
‘particular goods’ includes goods included in a particular class or kind of goods;
‘prescribed item’ means an item in Part I of Schedule 4 to the
Customs Tariff Act 1982 that is expressed to apply to goods that a Commercial Tariff Concession Order declares are goods to which the item applies.
“(2) A reference in this
Part to the
“(3) For the purposes of this Part, identical goods shall be taken to serve similar functions.
“(4) Without limiting sub-section (3), for the purposes of this Part, goods shall be taken to serve similar functions to other goods unless the Minister is satisfied that, if both goods were readily available for sale throughout Australia, there would be no significant part of Australia in which there would be significant cross-elasticity of demand between the goods.
“(5) For the purposes of this Part, goods, other than unmanufactured raw products, shall not be taken to have been produced in Australia unless—
(a) the goods were wholly or partly manufactured in Australia; and
(b) not less than ¼ of the factory or works cost of the goods is represented by the sum of—
(i) the value of labour of Australia;
(ii) the value of materials of Australia; and
(iii) the factory overhead expenses incurred in Australia in respect of the goods.
“(6) For the purposes of this Part, goods shall not be taken to have been partly manufactured in Australia unless at least one substantial process in the manufacture of the goods was carried out in Australia.
“(7) For the purposes of this Part, a person shall be taken to be capable of producing goods in the normal course of business if, in the normal course of business, he is prepared to accept orders for the supply of such goods that have been, are being, or are to be, produced by him.
“269c. (1) Subject to this Part, where the Minister, after considering an application under section 269g for the making of an order under this section in respect of particular goods, is satisfied that—
(a) goods serving similar functions to the particular goods are not produced in Australia; and
(b) goods serving similar functions to the particular goods are not capable of being produced in Australia by any person in the normal course of business,
the Minister shall make a written order, to be known as a Commercial Tariff Concession Order, declaring that the particular goods are goods to which a prescribed item specified in the order applies.
“(2) Where, by virtue of a concession order, particular goods are goods to which a particular prescribed item applies, nothing in this Part shall be taken to prevent the making of another concession order that declares, or of other concession orders that declare, that other prescribed goods are also goods to which that particular item applies.
“(3) A reference in paragraph (1) (a) or (b) to ‘the particular goods’ shall, in the case of particular goods of which there are classes or kinds, be read as including a reference to goods included in a class or kind of the particular goods.
“269d. (1) The Minister shall not make a concession order in respect of particular goods that are particular goods, or some of particular goods, declared by the regulations to be goods in respect of which such an order shall not be made (if any).
“(2) Without limiting the generality of sub-section (1), a declaration by regulations for the purposes of that sub-section may be a declaration by reference to goods to which a particular item, sub-item, paragraph or
sub-paragraph
in Schedule 3 to the
“269e. (1) The Minister may, in his discretion, refuse to make a concession order in respect of particular goods if, in his opinion, the making of the order—
(a) would be likely to have a substantially adverse effect on the market for any goods produced in Australia; or
(b) would not be in the national interest.
“(2) The Minister, in
considering for the purposes of paragraph (1) (b) whether the making of a
concession order in respect of particular goods would not be in the national
interest, shall have regard to the matters to which the Industries Assistance
Commission is required to have regard under sub-sections 22 (1) (other than
paragraph (g)) and (2) of the
“(3) Where the Minister
refuses to make a concession order in respect of particular goods by reason of
the operation of paragraph (1) (b), he shall publish in the
(a) stating that he has refused to make a concession order for which an application has been made;
(b) specifying the particular goods;
(c) stating that he has refused to make the order by reason that, in his opinion, the making of the order would not be in the national interest; and
(d) setting out his reasons for that opinion.
“269f. Where the Minister is satisfied that, in accordance with the obligations of Australia under an agreement (including a treaty or convention) between Australia and another country or other countries, the rate of duty by reference to which the duty in respect of particular goods (which may be particular goods that are not the produce or manufacture of a particular country) is to be ascertained is not to be less than a particular minimum rate, the Minister shall not make a concession order that would result in a contravention of those obligations.
“269g. (1) A person may make an application in writing to the Minister for a concession order in respect of particular goods specified in the application.
“(2) An application—
(a) shall contain such particulars as are prescribed; and
(b) shall be lodged with the Comptroller—
(i) in a prescribed manner;
(ii) on a day other than a Sunday, a Saturday or a prescribed holiday; and
(iii) at a time that is between prescribed hours.
“(3) Except where an application is lodged in such a prescribed manner that the date on which it is lodged is automatically recorded, the Comptroller shall, in a prescribed manner, give the applicant an acknowledgment, in writing, of the lodging of the application specifying the date on which it was lodged.
“(4) Where —
(a) an application is lodged on a day immediately following a day, or 2 or more consecutive days, on which applications may not be lodged; and
(b) the application states that, if it had been permissible to do so, the application would have been lodged on that earlier day or on such of those earlier days as is specified in the application,
the application shall, for the purposes of sub-section (5), be deemed to have been lodged with the Comptroller on the earlier day or on the specified earlier day, as the case may be.
“(5) An application shall, for the purposes of this Part, be taken to have been made on the date on which it was lodged with the Comptroller.
“269h. (1) A person may give to the Comptroller a notice in writing that he proposes to make an application for a concession order in respect of particular goods specified in the notice.
“(2) A notice under sub-section (1)
(a) shall contain such particulars as are prescribed; and
(b) shall be given to the Comptroller—
(i) in a prescribed manner; and
(ii) on a day on which, and at a time at which, applications may be lodged.
“(3) Except where a notice under sub-section (1) is given in such a prescribed manner that the date on which it is given is automatically recorded, the Comptroller shall, in a prescribed manner, give the person who gave the notice an acknowledgment, in writing, of the giving of the notice specifying the date on which it was given.
“(4) Where—
(a) a notice under sub-section (1) is given on a day immediately following a day, or 2 or more consecutive days, on which such notices may not be given; and
(b) the notice states that, if it had been permissible to do so, the notice would have been given on that earlier day or on such of those earlier days as is specified in the notice,
the notice shall, for the purposes of sub-section 269n (3), be deemed to have been given on the earlier day or on the specified earlier day, as the case may be.
“269j. (1) Where the Industries Assistance
Commission or the Temporary Assistance Authority makes a report to the Minister
in accordance with the
“(2) Where the Minister declares, in writing, that he is of the opinion that it is desirable that consideration should be given to the making of a concession order in respect of particular goods, an application under section 269g for a concession order in respect of those goods shall be deemed to have been made on the date on which he makes the declaration.
“269k. (1) Where the Minister decides not to make a concession order for which an application, other than an application deemed to have been made under sub-section 269j (1) or (2), has been made (whether or not a notice referred to in section 269l in relation to the application has been published), he shall, in a prescribed manner, give the applicant notice, in writing, of the decision.
“(2) The giving of a notice under sub-section (1) in respect of a concession order does not prevent the Minister giving further consideration to the application or applications for that concession order or reversing the decision by reason of which the notice was given.
“269lThe Minister shall not make a concession order (not being an order dealt with in a report by the Industries Assistance Commission or the Temporary Assistance Authority or an order under sub-section 269p (10)) unless he has—
(a) published in the
Gazette a notice—(i) stating that an application for the order has been made;
(ii) specifying the particular goods to which the application relates; and
(iii) inviting any persons who consider that there are reasons why the order should not be made to submit, in a manner specified in the notice, particulars, in writing, of these reasons to the Comptroller within 28 days after the date of the publication of the notice; and
(b) considered any relevant particulars submitted in response to the invitation referred to in sub-paragraph (a) (iii).
“269m. (1) A concession order shall be
published in the
“(2) Any failure to comply with the requirements of sub-section (1) in relation to a concession order shall not be taken to affect the validity of the concession order.
“269n. (1) A concession order (not being an order made under sub-section 269p (10)) in respect of particular goods shall be deemed to have come into effect on such date before the making of the order as is specified in the order.
“(2) Subject to sub-sections 269p (7) and (8), a concession order applies in relation to the particular goods to which it relates that are first entered for home consumption on or after the date on which it comes into effect.
“(3) Subject to sub-sections (4), (6) and (7), the date to be specified in a concession order for the purposes of sub-section (1) shall be—
(a) where, within the period of 28 days immediately preceding the date on which the application for the order was made the person who made the application gave notice under section 269h of his intention to make the application—the date on which he gave that notice; or
(b) in any other case —the date on which the application for the order was made.
“(4) Subject to sub-sections (6) and (7), where, in relation to a concession order in respect of particular goods, the Minister is satisfied (whether by reason of an application under sub-section (5) or otherwise) that the applicant for the order delayed taking steps to obtain a concession order in relation to those goods by reason of an officer having done, or having failed to do, any act or thing, the date to be specified in the order for the purposes of sub-section (1) shall be the date that the Minister considers would have been the date that would have been specified if the delay had not occurred.
“(5) An applicant for a concession order may, in the application for the order, apply to the Minister to consider whether he should perform his duty under sub-section (4) in relation to the order, setting out particulars in support of his application under this sub-section.
“(6) Subject to sub-section (7), where—
(a) the Minister proposes to make a concession order; and
(b) there are 2 or more applications for the order,
the date to be specified in the order for the purposes of sub-section (1) shall be the earliest date that, in accordance with sub-section (3) or (4), would have been required to be so specified by reason of an application referred to in paragraph (b).
“(7) Where—
(a) a concession order relates to particular goods to which an earlier concession order that has been revoked under sub-section 269p (1) also related; and
(b) the Minister is satisfied that the earlier order should not have been revoked,
the date to be specified in the order for the purposes of sub-section (1) shall be the date on which the revocation of the earlier order came into effect.
“269p. (1) Where the Minister becomes satisfied at any time during which a concession order in respect of particular goods is in force that, if—
(a) that order were not in force at that time; and
(b) an application were to be made at that time for a concession order in respect of the particular goods,
a concession order, or a concession order specifying the item that is specified in the first-mentioned concession order, would not be made in respect of the particular goods (whether by reason that the order would relate to all the particular goods, to goods included in a class of the particular goods or otherwise), the Minister may, in his discretion, by order in writing revoke the first-mentioned concession order.
“(2) The circumstances in which the Minister may exercise his discretion under sub-section (1) not to revoke a concession order include, but are not limited to, the case where he considers that the revocation of the concession order would give an unfair advantage to any person.
“(3) A revocation under sub-section (1) comes into effect on the date on which the order of revocation is made.
“(4) Where a concession
order is revoked under sub-section (1), a notice of the revocation shall be
published in the
“(5) Any failure to comply with the requirements of sub-section (4) in relation to the revocation of a concession order shall not be taken to affect the validity of the revocation.
“(6) Where a declaration by regulations for the purposes of sub-section 269d (1) is made that applies to particular goods to which a concession order relates (whether all the particular goods, goods in a class of the particular goods or otherwise), that concession order shall be taken to be revoked and that revocation comes into effect on the date on which those regulations came into effect.
“(7) Subject to sub-section (8), where a concession order is revoked under sub-section (1) or by virtue of sub-section (6), the concession order ceases to
apply in relation to particular goods entered for home consumption on or after the date on which the revocation comes into effect.
“(8) Notwithstanding the revocation under sub-section (1) or by virtue of sub-section (6) of a concession order in respect of particular goods, the concession order continues to apply in relation to—
(a) particular goods that—
(i) were imported into Australia on or before the date on which the revocation came into effect; and
(ii) are entered for home consumption, before, on, or within 28 days after, that date; and
(b) particular goods that —
(i) were in transit to Australia on that date; and
(ii) are entered for home consumption before, on, or within 28 days after, the date on which they were imported into Australia.
“(9) For the purposes of sub-paragraph (8) (b) (i), goods shall be taken to be in transit to Australia if, and only if, they have left for direct shipment to Australia from a place of manufacture, or a warehouse, in the country from which they are being exported.
“(10) Where—
(a) a concession order in respect of particular goods is revoked under sub-section (1) or by virtue of sub-section (6); and
(b) the Minister is satisfied that the order was revoked by reason that it related to some of those prescribed goods (whether goods included in a class of those particular goods or otherwise) but would not have been revoked if it had related only to the remainder of those particular goods,
the Minister shall make a written order declaring that particular goods, being that remainder of the first-mentioned particular goods, are goods to which the item that was specified in the revoked concession order applies, and the order so made shall be deemed to be a concession order that came into effect on the date on which the revocation of the revoked concession order came into effect, which date shall be specified in the order under this sub-section.
“269q. An order under this Part shall not be deemed to be a
statutory rule within the meaning of the
“269r. (1) Where the Minister—
(a) makes a concession order (not being an order under sub-section 269p (10)); or
(b) decides not to make a concession order for which an application has been made (not being an application deemed to have been made under
sub-section 269j (1) or (2)), otherwise than by reason of the operation of paragraph 269e (1) (b),
a person whose interests are affected by the making of the order, or the decision not to make the order, as the case may be, may request the Minister, in writing, to refer to the Industries Assistance Commission the question whether the order should have been made.
“(2) Where the Minister revokes a concession order under sub-section 269p (1), a person whose interests are affected by the revocation may request the Minister, in writing, to refer to the Industries Assistance Commission the question whether the concession order should have been revoked.
“(3) Nothing in this
Part or in the
(a) comply with any request made under this section to refer any question to the Industries Assistance Commission; or
(b) act in accordance with any report made to him by the Industries Assistance Commission as the result of the referral under this section of any question.
“269s. (1) For the purposes of this Part, the Minister may,
by instrument in writing published in the
(a) direct that the factory or works cost of goods is to be determined in a specified manner; and
(b) direct that the value of labour of Australia, the value of materials of Australia or the factory overhead expenses incurred in Australia in respect of goods is to be determined in a specified manner,
and those directions shall have effect accordingly.
“(2) The provisions of
section 48 (other than paragraphs (1) (a) and (b) and sub-section (2)), 49, 49a and 50 of the
(a) references in those provisions to regulations were references to directions; and
(b) references in those provisions to the repeal of a regulation were references to the revocation of a direction.”.
(a) by omitting from paragraph (1) (j) “and”; and
(b) by adding at the end of sub-section (1) the following word and paragraphs:
“; and (m) a decision by the Minister to specify a date in a Commercial Tariff Concession Order by virtue of sub-section 269n (4); and
(n) a decision by the Minister not to specify a date in a Commercial Tariff Concession Order by virtue of sub-section 269n (4) where an application in relation to the order has been made under sub-section 269n (5).”.
1. No. 6, 1901, as amended. For previous amendments, see No. 21, 1906; Nos. 9 and 36, 1910; No. 19, 1914; No. 10, 1916; No. 41, 1920; No. 19, 1922; No. 12, 1923; No. 22, 1925; No. 6, 1930; Nos. 7 and 45, 1934; No. 7, 1935; No. 85, 1936; No. 54, 1947; No. 45, 1949; Nos. 56 and 80, 1950; No. 56, 1951; No. 108, 1952; No. 47, 1953; No. 66, 1954; No. 37, 1957; No. 54, 1959; Nos. 42 and 111, 1960; No. 48, 1963; Nos. 29, 82 and 133, 1965; No. 28, 1966; No. 54, 1967; Nos. 14 and 104, 1968; Nos. 12 and 134, 1971; No. 162, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 28 and 120, 1974; Nos. 56, 77 and 107, 1975; Nos. 41, 91 and 174, 1976; No. 154, 1977; Nos. 36 and 183, 1978; Nos. 92, 116, 177 and 180, 1979; Nos. 13, 15 and 110, 1980; Nos. 45, 64 and 67, 1981; and Nos. 48, 51, 80, 81, 108, 115 and 137, 1982.
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