Customs Amendment Act (No. 4) 1980 (Cth)

Customs Amendment Act (No. 4) 1980

No. 171 of 1980

An Act to amend section 151 of the Customs Act 1901

[Assented to 17 December 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Customs Amendment Act (No. 4) 1980.

(2) The Customs Act 1901 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on 1 January 1981.

When goods deemed to be the produce or manufacture of a country

3. Section 151 of the Principal Act is amended—

(a) by inserting in sub-section (2) “, or Part X,” after “Part IX”;

(b) by inserting after sub-section (3)the following sub-sections:

“(3a) For the purposes of Part X of Schedule 5 to the Customs Tariff Act 1966, goods shall be treated as the manufacture of a country if—

(a) the process last performed in the manufacture of the goods was performed in the country; and

(b) not less than one-half, or, in the case of goods included in a class of goods in respect of which the Minister has determined, by notice published in the Gazette, that, in relation to the country, a lesser portion is appropriate, that portion, of the factory or works cost of the goods is represented by the value of labour or materials, or of labour and materials, of the country or of the country and one or more of the following countries, that is to say, Australia and countries that, at the time the goods are entered for home consumption, are Forum Island Countries, other than a country that, by virtue of a direction under sub-section (2) of section 12 of the Customs Tariff Act 1966, is not to be treated as a Forum Island Country in relation to the class of goods in which the goods are included.

 

“(3b) The Minister may, for the purposes of paragraph (b) of subsection (3a),determine that, in the case of goods included in a specified class of goods, a specified portion is appropriate in relation to a specified Forum Island Country or in relation to all Forum Island Countries.”;

(c) by omitting from sub-section (4) “the last two preceding sub-sections” and substituting “sub-sections (2), (3) and (3a)”;

(d) by inserting in paragraphs (a) and (b) of sub-section (8) “, or Part X,” after “Part IX”; and

(e) by inserting after sub-section (9)the following sub-section:

“(9a) In this section, ‘Forum Island Country’ has the same meaning as in the Customs Tariff Act 1966.”.