Customs Tariff Act 1982

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Customs Tariff Act 1982

No. 113 of 1982

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

3. Incorporation of Customs Act

4. Interpretation

5. Certain installations to be part of Australia

6. Installations and goods deemed to be imported

7. Goods taken to installations

8. Export of off-shore installations

9. Export of goods from off-shore installations

10. Measurement of alcohol

11. Ad valorem duties

12. Certain words, &c., deemed rates

13. Phasing rates

14. Classes of countries and places in relation to which special rates apply

15. Application of rates of duty in relation to countries and places

16. Schedule 3 divided into items, &c.

17. Rules for classifying goods under the Schedules

PART II—DUTIES OF CUSTOMS

18. Imposition of duties

19. General rates of duty

20. Special rates of duty for New Zealand

21. Special rates of duty for Papua New Guinea


TABLE OF PROVISIONS—continued

Section

22. Special rates of duty for Forum Island Countries, Declared Preference Countries and Developing Countries

23. Special rates of duty for Canada

24. Rates in respect of separate parts of goods

25. Substitutes and imitations

26. Goods consisting of separate articles

PART III—CONCESSIONAL RATES OF DUTY

27. Special concessional rates of duty

28. Application of sub-section 27 (1)

29. Substituted concessional rates of duty

PART IV—MISCELLANEOUS

30. Temporary rates of duty

31. Duty where goods consist of certain containers and certain contents

32. Repeal

SCHEDULE 1

Classes of countries and places in relation to which special rates apply

PART I—Forum Island Countries

PART II—Declared Preference Countries

PART III—Developing Countries

SCHEDULE 2

Rules for the interpretation of Schedule 3

SCHEDULE 3

Description of goods and general and special rates of duty

SCHEDULE 4

Concessional rates of duty

PART I—Special concessional rates of duty

PART II—Substituted concessional rates of duty

SCHEDULE 5

Rates of duty applying in relation to New Zealand

SCHEDULE 6

Repealed Acts


Customs Tariff Act 1982

No. 113 of 1982

 

An Act relating to duties of Customs

[Assented to 22 November 1982]

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

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Customs Tariff Act 1982.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

Incorporation of Customs Act

3. The Customs Act 1901 is incorporated, and shall be read as one, with this Act.


Interpretation

4. (1) In this Act, unless the contrary intention appears—

“abbreviation”, in relation to a country or place, means the abbreviation specified in Schedule 1 opposite to the name of that country or place wherever that name occurs in that Schedule;

“commencing date” means the date on which this Act comes into operation;

“Declared Preference Country” means—

(a) a country that is a Declared Preference Country by virtue of paragraph 14 (b);

Overview

The Customs Tariff Act 1982 was enacted to provide a comprehensive framework for the imposition of customs duties on goods imported into Australia. It sought to address the need for a streamlined and updated system of tariff classification and duty imposition to replace the existing fragmented and outdated customs tariff laws. This Act was passed by the Queen, in Parliament, as part of the legislative process in Australia, aiming to efficiently manage and regulate the import of goods into the country by specifying the applicable duties and rates for various categories of goods. It incorporates the Customs Act 1901 and outlines specific provisions for the classification of goods, the application of duty rates, and the treatment of goods from certain countries and regions, including New Zealand, Papua New Guinea, and various developing and preference countries. The Act also includes provisions for concessional and substituted rates of duty, temporary rates, and the repeal of previous customs tariff acts to consolidate and modernize Australia's customs duty regime.

Scope and Application

The Customs Tariff Act 1982 applies to goods imported into Australia, excluding those imported before the Act's commencement. It imposes duties on these goods, with the rate of duty determined by the country of origin, as specified in the Act's schedules. The Act applies to various categories of goods, including live animals, dairy products, beverages, textiles, machinery, and many others, as outlined in Schedule 3. It also includes provisions for concessional rates of duty for certain countries and goods. The Act has a national scope, applying across Australia as a Commonwealth law, and its application can be extended or restricted through subordinate instruments, such as regulations and notifications, which may specify particular goods, countries, or rates of duty. Exclusions and exemptions are detailed in the various sections and schedules, such as for goods imported for personal or official use by diplomats and international organisations, and for certain scientific, educational, and charitable goods. The Act incorporates the Customs Act 1901, which provides the framework for customs duties in Australia.

Key Provisions

  • The Customs Tariff Act 1982 imposes duties on goods imported into Australia, establishing a comprehensive tariff schedule. Section 18 mandates that duties of Customs are imposed on imported goods, with specific rates outlined in Schedule 3 and related schedules. Sections 19 to 26 detail general and special rates of duty applicable to various categories of goods, including those from New Zealand, Papua New Guinea, Forum Island Countries, Declared Preference Countries, Developing Countries, and Canada. Concessional rates of duty are provided for in Part III, and temporary rates of duty are mentioned in Part IV. The Act also outlines the classification of goods under Schedule 3, with rules for interpretation set out in Schedule 2. Specific provisions address the measurement of alcohol (Section 10), ad valorem duties (Section 11), and the phasing of duty rates (Section 13). The Act includes provisions for the treatment of certain installations and goods as if they were imported or exported (Sections 5-9). It further details the circumstances under which goods are deemed to be imported or exported, such as when taken onto an Australian installation or when an installation is detached from the Australian seabed (Sections 5-9). The Act incorporates the Customs Act 1901 and specifies certain words as rates of duty where they appear in the relevant schedules (Sections 3, 12).
  • The obligations and requirements imposed by the Act on the parties it governs include the need for accurate classification of goods to determine applicable duty rates, adherence to the rules for interpreting the tariff classifications, and compliance with the specified rates for different categories of goods and countries. Importers must ensure that goods are correctly classified according to the schedules and that the appropriate duty is paid based on the country of origin and the nature of the goods. The Act requires the Minister to direct the value of parts, components, or ingredients of goods for duty assessment purposes (Section 11(2)). Additionally, it mandates that the duty for goods manufactured in specific countries or places is to be determined by reference to the rates set out in Schedule 3 or Schedule 4 (Sections 15, 20, 21, 22, and 23). The Minister has the authority to declare goods as substitutes or imitations and to direct the applicable duty rates for such goods (Section 25).
  • In terms of civil and criminal consequences for breach, the Act does not explicitly state penalties within its text. However, breaches of customs laws generally fall under the purview of the Customs Act 1901 and the Crimes Act 1914. Under these Acts, offences related to the importation or exportation of goods can result in significant penalties. For instance, the Customs Act 1901 includes provisions for fines and imprisonment for offences such as smuggling, undervaluation, and incorrect classification of goods. The maximum penalties can vary depending on the severity of the offence and may include substantial fines and lengthy prison sentences for serious violations. Furthermore, non-compliance with the Act can lead to the seizure of goods and additional administrative actions taken by the Australian Customs and Border Protection Service.

Legal classification tags

Area of Law
International Trade Law
Customs Law
Taxation Law
Instrument
Act
Concepts
Commencement Provisions
Ad valorem duties
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.