Customs Amendment Regulations 2003 (No. 9) (Cth)

Customs Amendment Regulations 2003 (No. 9)1

Statutory Rules 2003 No. 3192

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901.

Dated 18 December 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON

Minister for Justice and Customs

1Name of Regulations

These Regulations are the Customs Amendment Regulations 2003 (No. 9).

2Commencement

These Regulations commence on the commencement of Part 1 of Schedule 1 to the Customs Legislation Amendment Act (No. 1) 2003.

3Amendment of Customs Regulations 1926

Schedule 1 amends the Customs Regulations 1926.

Schedule 1Amendment

(regulation 3)

  

[1]After regulation 182

insert

183Matters to which the Minister must have regard (subsection 269TAC (5E) of the Act)

1. (1)

   In this regulation:

entity, in relation to goods, means each of:

1. (a)

   the exporter of the exported goods mentioned in subsection 269TAC (5D) of the Act; and

2. (b)

   if the exporter of the goods is not the producer of the goods, but the goods are produced in the country of export — the producer of the goods.

government, of a country, means any level of government of the country.

1. (2)

   For subsection 269TAC (5E) of the Act, the following matters are prescribed:

   1. (a)

      whether the entity makes decisions about prices, costs, inputs, sales and investments:

      1. (i)

         in response to market signals; and

      2. (ii)

         without significant interference by a government of the country of export;

   2. (b)

      whether the entity keeps accounting records in accordance with generally accepted accounting standards in the country of export;

   3. (c)

      whether the generally accepted accounting standards in the country of export are in line with international accounting standards developed by the International Accounting Standards Board;

Note International accounting standards developed by the International Accounting Standards Board can be found on the International Accounting Standards Board website at the accounting records mentioned in paragraph (b) are independently audited;

(e)

whether the entity’s production costs or financial situation are significantly affected by the influence that a government of the country of export had on the domestic price of goods in the country before the country’s economy was an economy in transition;

(f)

whether the country of export has laws relating to bankruptcy and property;

(g)

whether the entity is subject to the bankruptcy and property laws mentioned in paragraph (f);

(h)

whether the entity is part of a market or sector in which the presence of an enterprise owned by a government of the country of export prevents market conditions from prevailing in that market or sector;

(i)

whether utilities are supplied to the entity under contracts that reflect commercial terms and prices that are generally available throughout the economy of the country of export;

(j)

if the land on which the entity’s facilities are built is owned by a government of the country of export — whether the conditions of rent are comparable to those in a market economy;

(k)

whether the entity has the right to hire and dismiss employees and to fix the salaries of employees.

1. (3)

   In assessing whether there is significant interference for subparagraph (2) (a) (ii), the Minister must have regard to the following:

   1. (a)

      whether a genuinely private company or party holds the majority shareholding in the entity;

   2. (b)

      if officials of a government of the country of export hold positions on the board of the entity — whether these officials are a minority of the members of the board;

   3. (c)

      if officials of a government of the country of export hold significant management positions within the entity — whether these officials are a minority of the persons holding significant management positions;

   4. (d)

      whether the entity’s ability to carry on business activities in the country of export is affected by:

      1. (i)

         a restriction on selling in the domestic market; or

      2. (ii)

         the potential for the right to do business being withdrawn other than under contractual terms; or

      3. (iii)

         if the entity is a joint-venture in which one of the parties is a foreign person, or is carried on in the form of such a joint-venture — the ability of the foreign person to export profits and repatriate capital invested;

   5. (e)

      whether the entity’s significant production inputs (including raw materials, labour, energy and technology) are supplied:

      1. (i)

         by enterprises that are owned or controlled by a government of the country of export; and

      2. (ii)

         at prices that do not substantially reflect conditions found in a market economy.

Notes

1. These Regulations amend Statutory Rules 1926 No. 203, as amended by 1927 Nos. 17, 95 and 121; 1928 Nos. 47, 57, 74 and 95; 1929 Nos. 25, 56 and 127; 1930 Nos. 91, 138 and 140; 1931 Nos. 16, 42 and 90; 1932 No. 90; 1933 Nos. 21, 105, 106 and 129; 1934 Nos. 109 and 127; 1935 Nos. 1, 41, 69 and 113; 1936 Nos. 49 and 163; 1938 No. 111; 1939 No. 157; 1940 Nos. 203 and 256; 1946 Nos. 127 and 161; 1947 Nos. 29, 83, 94 and 152; 1948 No. 156; 1949 Nos. 34, 78, 95 and 111; 1950 No. 17; 1951 Nos. 34, 38, 71, 99, 106, 109 and 159; 1952 No. 96; 1953 No. 102; 1954 No. 21; 1955 Nos. 15, 32 and 66; 1956 Nos. 71, 83, 91 and 127; 1957 Nos. 57 and 76; 1958 No. 86; 1959 No. 106; 1960 Nos. 29 and 70; 1961 Nos. 60 and 144; 1962 Nos. 102 and 103; 1963 No. 149; 1964 No. 141; 1965 Nos. 86, 121 and 194; 1966 Nos. 15 and 173; 1967; Nos. 9 and 179; 1968 No. 68; 1969 Nos. 69, 77, 133, 152 and 186; 1970 Nos. 104, 113 and 170; 1971 Nos. 9, 59 and 170; 1972 No. 96; 1973 Nos. 155, 251, 257 and 268; 1974 Nos. 29 and 112; 1976 Nos. 261 and 262; 1977 Nos. 68, 137 and 188; 1978 Nos. 32, 147, 180 and 195; 1979 Nos. 181, 275 and 277; 1980 Nos. 109, 255, 372 and 377; 1981 Nos. 162, 265 and 382; 1982 Nos. 140, 255, 311, 335 and 404 and Act No. 108, 1982; Statutory Rules 1983 Nos. 92, 93, 327, 328, 329 and 330 and Act No. 101, 1983; Statutory Rules 1984 Nos. 13, 18, 137, 319 and 462; 1985 Nos. 12, 71, 76, 126, 306 and 308; 1986 Nos. 77, 91, 94, 144, 174, 175, 176, 215, 248, 361, 363, 367 and 368; 1987 Nos. 72, 102, 103, 124, 140, 162, 244, 297 and 316; 1988 Nos. 111, 179, 207, 260 and 270; 1989 Nos. 100, 101, 159, 160, 161, 162, 163, 243, 260 and 409; 1990 Nos. 6, 8, 123, 147, 148, 189, 217, 220, 222, 248, 274 and 450; 1991 Nos. 30, 109, 129, 139, 140, 228, 290, 316 and 384; 1992 Nos. 72, 175, 277 (as amended by 1992 No. 326), 328, 343, 344, 447 and 464; 1993 Nos. 66, 158 and 339; 1994 Nos. 53, 82, 183, 311, 312, 351, 366, 367, 391 and 435; 1995 Nos. 99, 136, 244, 313, 321, 352, 423 and 424; 1996 Nos. 42, 43, 134, 326 and 327; 1997 Nos. 52, 70, 79, 89, 128, 131, 255, 284, 378, 379 and 422; 1998 Nos. 38, 101, 212, 229, 276 and 278; 1999 Nos. 35, 131, 149, 270, 323 and 330; 2000 Nos. 13, 74, 93, 141, 142, 173, 174, 210, 241, 252, 287, 349 and 350; 2001 Nos. 30, 63, 89, 119, 211 and 335; 2002 Nos. 28, 98, 138, 195, 256, 310, 328 and 329; 2003 Nos. 16, 51, 65, 178, 186, 227, 237 and 249.

2. Notified in the Commonwealth of Australia Gazette