Customs Tariff 1953 (Cth)

Case
No judgment structure available for this case.

CUSTOMS TARIFF.

No. 76 of 1953.

An Act relating to Duties of Customs.

[Assented to 10th December, 1953.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Customs Tariff 1953.

(2.) The Customs Tariff 1933-1952 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Customs Tariff 1933-1953.

Amendment of Tariff.

2. The Schedule to the Principal Act is amended as set out in the Schedule to this Act and duties of Customs are imposed in accordance with the first-mentioned Schedule as amended by the last-mentioned Schedule.

Time of Imposition of duties.

3.—(1.) The time of the imposition of the duties of Customs (not being duties of Customs the time of the imposition of which is fixed by the next succeeding sub-section) imposed by this Act is the twenty-fifth day of November, One thousand nine hundred and fifty-three, at

 

nine o’clock in the forenoon, reckoned according to standard time in the Australian Capital Territory, and this Act shall be deemed to have come into operation at that time.

(2.) The time of the imposition of the duties of Customs imposed by this Act and set out in the column headed “Intermediate Tariff” in the Schedule to this Act, upon any goods which are specified in, and are the produce or manufacture of any British or foreign country specified in, a Proclamation issued on or after the twenty-fourth day of November, One thousand nine hundred and fifty-three, and prior to the date on which this Act receives the Royal Assent, applying or varying the application of the rates of duty so set out to those goods, is the time and date specified in that Proclamation.

Validation of Proclamations.

4.—(1.) Every Proclamation issued on or after the twenty-fourth day of November, One thousand nine hundred and fifty-three, and prior to the date on which this Act receives the Royal Assent, applying or varying the application of rates of duty set out in the column headed “Intermediate Tariff” in the Schedule to this Act to goods which are specified in, and are the produce or manufacture of a British or foreign country specified in, the Proclamation, and every Proclamation issued during that period revoking or varying any such Proclamation, shall be deemed to have been lawfully made.

(2.) The power conferred by sub-section (3.) of section nine a of the Principal Act to issue a Proclamation revoking or varying a Proclamation issued in pursuance of sub-section (1.) of that section includes a power to revoke or vary a Proclamation referred to in the last preceding sub-section.

 

THE SCHEDULE. Section 2.

 

Amendments of the schedule to the principal act.

 

IMPORT DUTIES.

Tariff Items

British Preferential Tariff.

Intermediate Tariff.

General Tariff.

DIVISION I.—ALE, SPIRITS, AND BEVERAGES

3. By omitting the words —

“Spirits,   and spirituous liquors, n.e.i.:—

  Spirits in cases of two gallons and under, to be charged as two gallons: over two gallons and not exceeding three gallons, as three gallons, as three gallons: over three gallons, and not exceeding four gallons, as four gallons: and so on, provided that small bottles or vials of liquor intended for samples or other special purposes only may be entered at actual measurement."

and inserting in their stead the following :—

"Spirits, and spirituous liquors, n.e.i.:—".

 

The Schedule—continued.

Tariff Items

British Preferential Tariff.

Intermediate Tariff.

General Tariff.

Division I.—Ale, Spirits, and Beveragescontinued.

3—continued.

By omitting the whole of sub-item (a) and inserting in its stead the following sub-item:—

“(a) Brandy—

(1) When not exceeding the strength of proof

per gallon

57s. 6d.

58s. 6d.

68s. 6d.

and per proof gallon

10s.

10s.

10s.

(2) When exceeding the strength of proof

per proof gallon

67s. 6d.

68s. 6d.

78s. 6d.”

By omitting the whole of paragraph (2) of sub-item (b) and inserting in its stead the following paragraph:—

“(2) Other—

(a) When not exceeding the strength of proof

per gallon

68s. 6d.

71s. 6d.

71s. 6d.

and per proof gallon

10s.

10s.

10s.

(b) When exceeding the strength of proof

per proof gallon

78s. 6d.

81s. 6d.

81s. 6d.”

By omitting the whole of sub-item (c) and inserting in its stead the following sub-item:—

“(c) Gin, distilled wholly from barley malt, grain, grape wine or fruit, and certified in the prescribed form by the competent Government official in the country of production to be gin distilled wholly from barley malt, grain, grape wine or fruit—

(1) When not exceeding the strength of proof

per gallon

64s. 6d.

65s. 6d.

70s. 6d.

and per proof gallon

10s.

10s.

10s.

(2) When exceeding the strength of proof

per proof gallon

74s. 6d.

75s. 6d.

80s. 6d.”

By omitting the whole of sub-item (d) and inserting in its stead the following sub-item:—

“(d) Rum, pure, distilled wholly from sugar, sugar syrup, molasses, or the refuse of sugar cane, by a pot-still or similar process at a strength not exceeding 45 per cent, over proof and certified in the prescribed form by the competent Government official in the country of production to be pure rum distilled wholly from sugar, sugar syrup, molasses, or the refuse of sugar cane, under the conditions specified—

(1) When not exceeding the strength of proof

per gallon

62s. 6d.

65s. 6d.

69s. 6d.

and per proof gallon

10s.

10s.

10s.

(2) When exceeding the strength of proof

per proof gallon

72s. 6d.

75s. 6d.

79s. 6d.”

By omitting the whole of sub-item (e) and inserting in its stead the following sub-item:—

“(e) Blended rum, distilled wholly from sugar, sugar syrup, molasses, or the refuse of sugar cane, containing not less than 25 per cent. of pure spirit which has been separately distilled from sugar, sugar syrup, molasses, or the refuse of sugar cane, by a pot-still or similar process at a

 

The Schedule—continued.

Tariff Items.

British Preferential Tariff.

Intermediate Tariff.

General Tariff.

Division I—Ale, Spirits, and Beveragescontinued.

3—continued.

“(e)—continued.

strength not exceeding 45 per cent. over proof and certified in the prescribed form by the competent Government official in the country of production to be rum distilled wholly from sugar, sugar syrup, molasses, or the refuse of sugar cane, under the conditions specified and so blended—

(1) When not exceeding the strength of proof

per gallon

63s. 6d.

66s. 6d.

70s. 6d.

and per proof gallon

10s.

10s.

10s.

(2) When exceeding the strength of proof

per proof gallon

73s. 6d.

76s. 6d.

80s. 6d.”

By omitting the whole of sub-item (G) and inserting in its stead the following sub-item:—

“(G) Bitters—

(1) When not exceeding the strength of proof

per gallon

67s. 6d.

70s. 6d.

72s. 6d.

and per proof gallon

10s.

10s.

10s.

(2) When exceeding the strength of proof

per proof gallon

77s. 6d.

80s. 6d.

82s. 6d.”

By omitting the whole of sub-item (h) and inserting in its stead the following sub-item:—“(h) Liqueurs; flavoured spirituous liquors, as prescribed by Departmental By-laws—

(1) When not exceeding the strength of proof

per gallon

56s. 6d.

56s. 6d.

69s. 6d.

and per proof gallon

10s.

10s.

10s.

(2) When exceeding the strength of proof

per proof gallon

66s. 6d.

66s. 6d.

79s. 6d.”

By omitting the whole of sub-item (I) and inserting in its stead the following sub-item:—

“(I) Other—

(1) When not exceeding the strength of proof

per gallon

75s. 6d.

75s. 6d.

75s. 6d.

and per proof gallon

10s.

10s.

10s.

(2) When exceeding the strength of proof

per proof gallon

85s. 6d.

85s. 6d.

85s. 6d.”

6. By omitting the whole of sub-item (b) and inserting in its stead the following sub-item:—

“(b) Acetone  ad val.

10 per cent.

10 per cent.

15 per cent.”

11. By omitting the whole of paragraph (2) of sub-item (a) and inserting in its stead the following paragraph:—

“(2) Amyl acetate, methyl salicylate, vanillin, coumarin; other flavouring esters and aldehydes, not compounded  ad val.

22½ per cent.

40 per cent.

47½ percent.”

By adding to sub-item (a) a new paragraph (3) as follows:—

“(3) Butyl acetate  ad val.

10 per cent.

22½ per cent.

27½ per cent.”

12. By omitting the words “Wine, sparkling*, viz.:—and inserting in their stead the following:—

“Wine, grape, sparkling*, viz.:—”.

13. By omitting the words “Wine, Still (including Medicated and Vermouth):—” and inserting in their stead the following:—

“Wine, grape, still (including medicated and vermouth):—”.

14. By omitting the whole item.

The Schedule —continued.

Tariff Items.

British Preferential Tariff.

Intermediate Tariff.

General Tariff.

Division I.—Ale, Spirits, and Beveragescontinued.

15. By omitting the whole item and inserting in its stead the following item:—

“15. Wine n.e.i.; meads—

(a) Containing not more than 25 per cent, of proof spirit per gallon

7s. 6d.

7s. 9d.

7s. 9d.

(b) Containing more than 25 per cent, but not more than 50 per cent, of proof spirit  per gallon

15s.

15s. 6d.

15s. 6d.

(c) Containing more than 50 per cent, of proof spirit  per gallon

30s.

31s.

31s.”

16. By adding a new sub-item (c) as follows:—

“(c) Grape juice  per gallon

3s.

3s.

3s.”

DIVISION IV.—AGRICULTURAL PRODUCTS AND GROCERIES.

56. By omitting the whole item and inserting in its stead the following item:—

“56. Ginger, viz.:—

(a) Green  per lb.

l½d.

l½d.

1½d.

and ad val.

12½ per cent.

12½ per cent.

(b) Ground  per lb.

11d.

1s.

1s.

(c) Preserved (not in liquid)  per lb.

3d.

4d.

4d.

(d) In brine or syrup in vessels exceeding 10 gallons   ad val.

12½ per cent.

12½ per cent.

12½ per cent.

(e) Dry, unground—

(1) As prescribed by Departmental Bylaws   ad val.

Free

12½ percent.

12½ per cent.

(2) Other  per lb.

11d.

l1d.

l1d.

and ad val.

12½ per cent.

12½ percent.”

DIVISION V.- TEXTILES, FELTS AND FURS, AND MANUFACTURES THEREOF, AND ATTIRE.

105. By omitting the whole of paragraph (3) of sub-item (a) and inserting in its stead the following paragraph:—

“(3) Piece goods of the type used for furnishing and upholstery, woven on jacquard or dobby type looms (not including moquettes, chenille fabrics and other pile fabrics), embodying a woven design and weighing seven ounces or more per square yard, viz.:—

(a) wholly of artificial silk; composed of a mixture of fibres in which at least 10 per cent, by weight is artificial silk and, if the mixture of fibres includes wool, not more than 5 per cent, by weight is wool   ad val.

30 per cent.

30 per cent.

40 per cent.

less per square yard

2½d.

(b) wholly of cotton; wholly of linen; composed of a mixture of fibres but not including a mixture of fibres in which more than 50 per cent, by weight is wool, except piece goods enumerated in sub-item (a) (3) (a)  ad val.

12½ per cent.

30 per cent.

40 per cent.”

The Schedule—continued.

Tariff Items.

British Preferential Tariff.

Intermediate Tariff.

General Tariff.

Division V.—Textiles, Felts and Furs, and Manufactures thereof, and Attirecontinued.

106. By omitting from paragraph (4) of sub-item (F) the words “other animal” and inserting in their stead the following:—

“other marine animal”.

By omitting the whole of paragraph (5) of sub-item (f) and inserting in its stead the following paragraph:—

“(5) Other  ad val.

35 per cent.

47½ per cent.

52½ per cent.”

By adding a new sub-item (g) as follows:—

“(g) Fasteners, snap—

(1) Two-piece sew-on type, as ordinarily used with apparel ad val.

Free

12½ per cent.

12½ per cent.

(2) Other  ad val.

7½ per cent.

25 per cent.

30 per cent”

By adding a new sub-item (h) as follows:—

“(h) Fasteners, turnbutton, of the type ordinarily used for the attachment of textile hoods or textile coverings to motor vehicles  ad val.

7½ per cent.

25 per cent.

30 per cent.”

118. By omitting the whole of paragraph (1) of sub-item (a) and inserting in its stead the following paragraph:—

“(1) Floor coverings wholly of cotton and floor coverings in which the pile is wholly of cotton, except carpet felt undercarpet felt and those covered by sub-item (b)  ad val.

Free

12½ per cent.

27½ per cent.”

By adding to sub-item (d) a new paragraph (5) as follows:—

“(5) Carpets, carpeting, carpet mats, carpet rugs and carpet door slips, woven, of wool or containing wool, other than those in which the pile is wholly of mohair and those enumerated in paragraphs (1) and (2) of this sub-item  ad val.

20 per cent.

35 per cent.

40 per cent.”

122. By omitting the heading, viz.:—Articles n.e.i.—“.

123. By omitting the whole of sub-item (b) and inserting in its stead the following sub-item:—

“(b) Waste, engine cleaning   per ton

£7

£7

£7

and ad val.

..

10 per cent.

27½ per cent.”

130. By adding to sub-item (b) a new paragraph (3) as follows:—

“(3) Flax or containing a mixture of fibres in which flax predominates  ad val.

27½ per cent.

45 per cent.

55 per cent.”

DIVISION VI—METALS AND MACHINERY.

167. By omitting the whole item and inserting in its stead the following item:—

“167. Metal parts (other than knife sections and ledger plates) of reaper threshers, stripper harvesters, strippers, and harvesters n.e.i.  ad val.

5 per cent.

..

..

per lb.

..

2d.

2d.”

171. By omitting the whole of sub-item (e) and inserting in its stead the following sub-item:—

“(e) Knife sections and ledger plates for incorporation in the cutting mechanism of agricultural field machines   ad val.

Free

10 per cent.

10 per cent.”

174. By omitting the whole of clause (1) of sub-paragraph (u) of paragraph (25) of sub-item (M).

By omitting the whole of paragraph (48) of sub-item (v).

By omitting the whole of paragraph (49) of sub-item (v).

The Schedule—continued.

Tariff Items.

British Preferential Tariff.

Intermediate Tariff.

General Tariff.

Division VI.—Metals and Machinerycontinued.

176. By omitting from sub-item (c) the words “Metal-working machinery and tools for use in connexion therewith—”

and inserting in their stead the following:—

“Machines and machinery, metal working—”

By omitting from paragraph (2) of sub-item (c) the following:—

“lathes n.e.i.,”

By omitting the whole of paragraph (3) of sub-item (c) and inserting in its stead the following paragraph:—

“(3) Lathes n.e.i.  ad val.

15 per cent.

27½. per cent.

32½ per cent.”

By omitting the whole of paragraph (4) of sub-item (c). By omitting the whole of paragraph (2) of sub-item (e) and inserting in its stead the following paragraph:—

“(2) Ironing machines  ad val.

15 per cent.

27½ per cent.

32½ per cent.”

By omitting the whole of paragraph (3) of sub-item (e) and inserting in its stead the following paragraph:—

“(3) Washing machines (including dry cleaning washing machines)  ad val.

15 per cent.

27½ per cent.

32½ per cent.”

By adding to sub-item (f) a new paragraph (3) as follows:—

“(3) Tools, inserted type, parts and accessories, whether or not otherwise provided for, composed wholly or partly of cemented carbides, for use with machines, (but not including such tools parts or accessories otherwise specifically provided for at higher rates of duty, or inserted type tools for use in rotary and percussive rock drills)  ad val.

17½ per cent.

30 per cent.

35 per cent.”

By omitting the whole of sub-item (p).

178. By omitting the whole of sub-item (I) and inserting in its stead the following sub-item:—

“(I) Internal combustion engines (other than those included under Item 178 (J)), viz.:—

(1) Marine, including reversing gear and reduction gear imported therewith and for use therewith—

(a) up to and including 40 horsepower  ad val.

25 per cent.

42½. per cent.

52½. per cent.

(b) exceeding 40 horse-power—the rate of duty shall be the percentage rate under subparagraph (a) reduced by 2.5 for each horse-power above 40 horse-power, with minimum of  ad val.

Free

12½ per cent.

17½ per cent.

(2) Other—

(a) up to and including 60 horsepower   ad val.

25 per cent.

42½ per cent.

52½ per cent.

(b) exceeding 60 horse-power—the rate of duty shall be the percentage rate under sub-paragraph (a)reduced by 2.5 for each horse-power above 60 horse-power, with minimum of  ad val.

Free

12½ per cent.

17½ per cent.

For the purposes of this sub-item horse-power shall be determined as prescribed by Departmental By-laws.”

The Schedule—continued.

Tariff Items.

British Preferential Tariff.

Intermediate Tariff.

General Tariff.

Division VI.—Metals and Machinerycontinued.

194. By omitting the whole of paragraph (1) of sub-item (b) and inserting in its stead the following paragraph:—

“(1) Simple, duplex or triplex transmission chain or chains of roller, bush or conveyor types, with a pitch not less than .5 inch and not exceeding 1.65 inches, but not including the following, viz., bicycle chain or chains of .5 inch pitch and .13 inch or .192 inch width between inner plates, transmission roller chain or chains of 1.5 inches pitch and of 1 inch width between inner plates, roller chain or chains with a breaking load 30 per cent. or more above Australian Standard Specification No. B.60—1936, or inverted tooth chain or chains ad val.

27½ per cent.

45 per cent.

50 per cent.”

By adding to sub-item (b) a new paragraph (3) as follows:—

“(3) Other  ad val.

Free

12½ per cent.

12½ per cent.”

208. By omitting from sub-item (p) the words “centre-stretched,”.

By omitting the whole of sub-item (q) and inserting in its stead the following sub-item:—

“(q) Tips, tool, cemented carbide  ad val.

17½ per cent.

30 per cent.

35 per cent.”

219. By omitting the whole of sub-item (f) and inserting in its stead the following sub-item:—

“(f) Files (including rasps)  ad val.

17½ per cent.

32½ per cent.

35 per cent.”

By adding a new sub-item (k) as follows:—

“(k) Micrometers, being hand tools, viz.:—

(1) Dial micrometers  ad val.

Free

17½ per cent.

17½ per cent.

(2) Other  ad val.

Free

7½ per cent.

12½ per cent.”

By adding a new sub-item (l) as follows:—

“(l) Precision test indicators, not being hand tools, for testing the accuracy of surfaces, viz.:—

(1) Pneumatic type  ad val.

17½ per cent.

35 per cent.

40 per cent.

(2) Other  ad val.

Free

17½ per cent.

22½ per cent.”

By adding a new sub-item (m) as follows:—

“(m) Removers (or lifters), valve spring, internal combustion engine—

(1) Being hand tools  ad val.

17½ per cent.

25 per cent.

30 per cent.

(2) Other  ad val.

17½ per cent.

32½ per cent.

37½ per cent.”

DIVISION VII-OILS, PAINTS, AND VARNISHES.

225. By omitting the whole of sub-item (b) and inserting in its stead the following sub-item:—

“(b) Crayons and pastels, including solid lead pencils but not including leads for wooden lead pencils; chalks n.e.i.  ad val.

17½ per cent.

35 per cent.

45 per cent.”

By adding a new sub-item (d) as follows:—

“(d) Leads for wooden lead pencils  ad val.

Free

17½ per cent.

17½ per cent.”

229. By omitting the whole of sub-item (G) and inserting in its stead the following sub-item:—

“(g) Vegetable oils, edible, for denaturation as prescribed by Departmental By-laws:—

(1) Babassu  per gallon

3d.

5d.

9d.

(2) Other  per gallon

5d.

9d.

9d.”

The Schedule—continued.

Tariff Items.

British Preferential Tariff.

Intermediate Tariff.

General Tariff.

DIVISION VIII.—EARTHENWARE, CEMENT, CHINA, GLASS, AND STONE.

244. By omitting the whole of sub-item (b) and inserting in its stead the following sub-item:—

“(b) Bifocal and multifocal lenses (including fused shapes for further manufacture into bifocal and multifocal lenses, whether ground or unground, polished or unpolished), and single-vision lenses

ad val.

15 per cent.

37½ per cent.

42½ per cent.

DIVISION IX—DRUGS AND CHEMICALS.

280. By adding a new sub-item (E) as follows:—

“(e) Butyl alcohol  ad val.

10 per cent.

22½ per cent.

27½ per cent.

DIVISION XI- JEWELLERY AND FANCY GOODS.

321. By omitting the whole of sub-item (a) and inserting in its stead the following sub-item:—

“(a) Spectacles (other than X-ray spectacles or fluoroscopic spectacles), spectacle frames, sunglasses, and goggles—

(1) Wholly or partly of gold or silver (not being included in paragraph (2) ) ad val.

20 per cent.

47½ per cent.

52½ per cent.

(2) Rolled-gold, gold-filled, gold-cased, gold-plated or gilt, including the articles named when fitted with pads bridges or knuckles of gold   ad val.

20 per cent.

37½ per cent.

42½ per cent.

(3) N.E.I.  ad val.

20 per cent.

37½ per cent.

42½per cent.”

DIVISION XII—HIDES, LEATHER, AND RUBBER.

331. By omitting the whole of sub-paragraph (b) of paragraph (2) of sub-item (b) and inserting in its stead the following sub-paragraph:—

“(b) Elastic, viz.:—

(1) Having a width or diameter not exceeding 2 inches  ad val.

17½ per cent.

35 per cent.

65 per cent.

(2) Having a width or diameter exceeding 2 inches but not exceeding 6 inches  ad val.

15 per cent.

32½per cent.

65 per cent.

(3) Knitted or lock stitched, in tubular form, of the type used in the manufacture of corsets and foundation garments  ad val.

Free

12½ per cent.

17½ per cent.

(4) Other  ad val.

Free

12½ percent.

12½ per cent.”

DIVISION XVI- MISCELLANEOUS.

369. By omitting the whole of paragraph (4) of sub-item (c) and inserting in its stead the following paragraph:—

“(4) Of a type not included in any other paragraph of this sub-item—

(a) As prescribed by Departmental By-laws

Free

Free

Free

(b) Other  ad val.

Free

12½ per cent.

12½ per cent.”

By adding to sub-item (c) a new paragraph (5) as follows:—

“(5) Of polyethylene—

(a) As prescribed by Departmental By-laws

Free

Free

Free

(b) Other  ad val.

Free

12½ per cent.

112½ per cent.”

The Schedule—continued.

Tariff Items.

British Preferential Tariff.

Intermediate Tariff.

General Tariff.

Division XVI.—Miscellaneouscontinued.

369—continued.

By omitting the whole of paragraph (4) of sub-item (d) and inserting in its stead the following paragraph:—

“(4) Of a type not included in any other paragraph of this sub-item  ad val.

Free

12½ per cent.

12½ per cent.”

By adding to sub-item (d) a new paragraph (5) as follows:—

“(5) Of polyethylene  ad val.

10 per cent.

22½ per cent.

27½ per cent.”

By omitting the whole of sub-paragraph (d) of paragraph (1) of sub-item (F) and inserting in its stead the following sub-paragraph:—

(d)Of a type not included in any other sub-paragraph of this paragraph  ad val.

Free

12½ per cent.

12½ per cent.”

By adding to paragraph (1) of sub-item (f) a new subparagraph (e) as follows:—“(e) Of polyethylene   ad val.

10 per cent.

22½ per cent.

27½ per cent.”

374. By adding to sub-item (d) a new paragraph (4) as follows:—

“(4) Gaskets, metal and asbestos combined  ad val.

25 per cent.

40 per cent.

50 per cent.”

376. By omitting the whole of sub-item (G) and inserting in its stead the following sub-item:—

“(G) Kit bag frames  ad val.

22½ per cent.

37½ per cent.

45 per cent.”

By adding a new sub-item (h) as follows:—

“(h) Frames for ladies’ or children’s handbags; catches (not being fasteners covered by item 106 (G) or item 106 (h)) for wallets or for ladies’ or children’s handbags   ad val.

17½ per cent.

32½ per cent.

40 per cent.”

395. By omitting the whole item and inserting in its stead the following item:—

“395. Corks n.e.i.; cork rings; cork bungs

Free

Free

Free “

418. By omitting from paragraph (1) of sub-item (c) the words “dial micrometers;”.

449. By adding a new sub-item (c) as follows:—

“(c) Articles designed or produced for use and used exclusively in the practice of religion, viz.:—

(1) Being of a class or kind not commercially produced or manufactured in Australia, as prescribed by Departmental By-laws

ad val.

Free

12½ per cent.

12½ per cent.

(2) Being of a class or kind not commercially produced or manufactured in Australia or the United Kingdom, as prescribed by Departmental By-laws

Free

Free

Free”

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0