Customs Tariff Amendment Act 1978 (Cth)

CUSTOMS TARIFF AMENDMENT ACT 1978

No. 2 of 1978

An Act to amend the Customs Tariff Act 1966.

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

Short title, &c.

1. (1) This Act may be cited as the Customs Tariff Amendment Act 1978.

 

 (2) The Customs Tariff Act 1966 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the date of commencement of the Industries Assistance Commission Amendment Act 1978.

3. (1) Section 34 of the Principal Act is repealed and the following section substituted:

Temporary rates

“34. (1) Where—

(a) a rate of duty set out in column 3 or column 4 of Part II, or column 4 of Part III, of Schedule 1, in column 6 of Schedule 4 or in column 4 of Schedule 5 in relation to any goods is referred to in that column as a temporary duty;

(b) the imposition of the duty was specified by the Minister in a notice published in the Gazette in pursuance of sub-section (3) of section 30b of the Industries Assistance Commission Act 1973 as assistance that had commenced to be provided to an industry; and

(c) the Minister has received a report of the Industries Assistance Commission—

(i) in pursuance of a reference to that Commission that, by virtue of section 30c of the Industries Assistance Commission Act 1973, was required to be made to the Commission forthwith after assistance consisting of or including that duty commenced to be provided to an industry; or

(ii) in pursuance of a request by the Minister under section 30e of that Act in relation to assistance to an industry consisting of or including that duty,

the rate ceases to operate at the expiration of the period of 3 months commencing on the date on which the Minister received the report referred to in paragraph (c).

“(2) For the purposes of sub-section (1), a notification by the Minister in the Gazette under sub-section (3) of section 30f of the Industries Assistance Commission Act 1973 of the fact that he received the report of the Industries Assistance Commission in pursuance of a particular reference or request and of the date upon which he received that report is conclusive evidence of the matters so notified.

 

“(3) The reference in paragraph (b) of sub-section (1) to the imposition of a duty shall be read as including a reference to—

(a) the tabling in the Parliament of a proposal for a Customs Tariff alteration to impose that duty; and

(b) the publication in the Gazette, in pursuance of section 273ea of the Customs Act 1901, of a notice of intention to propose a Customs Tariff alteration to impose that duty.

 

“(4) In this section, ‘Minister’ means the Minister administering the Industries Assistance Commission Act 1973.”.

(2) Notwithstanding the repeal effected by sub-section (1), section 34 of the Principal Act continues to apply in relation to—

(a) duties that commenced to be collected before the commencement of this Act in pursuance of action taken under section 29 of the Industries Assistance Commission Act 1973; and

 

(b) duties that commenced to be collected after the commencement of this Act in pursuance of action taken under section 29 of the Industries Assistance Commission Act 1973 as continued in force by section 18 of the Industries Assistance Commission Amendment Act 1978.

 

(3) In the application of section 34 of the Principal Act by virtue of sub-section (2) of this section, the reference in sub-section 34(2) of the Principal Act to sub-section (4) of section 29 of the Industries Assistance Commission Act 1973 shall be read as a reference to sub-section (4) of section 29 of the Industries Assistance Commission Act 1973 as in force at any relevant time before the commencement of the Industries Assistance Commission Amendment Act 1978 or as continued in force by section 18 of that last-mentioned Act.