Customs Tariff (Coal Export Duty) Amendment Act 1982 (Cth)

Customs Tariff (Coal Export Duty) Amendment Act 1982

No. 17 of 1982

An Act to amend the Customs Tariff (Coal Export Duty) Act 1975

[Assented to 28 April 1982]

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 Tariff (Coal Export Duty) Amendment Act 1982.

(2) The Customs Tariff (Coal Export Duty) Act 19751 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall be deemed to have come into operation at the hour of 8 o’clock in the evening by standard time in the Australian Capital Territory on 18 August 1981.

3. Section 4 of the Principal Act is repealed and the following section substituted:

 

Interpretation

“4. (1) In this Act—

‘coal’ does not include brown coal;

‘high quality coking coal’ means coal other than coal that a Collector is satisfied is included in a category of coal specified in any of the following paragraphs:

(a) coal the carbon content in which, if that content were determined by ultimate analysis on a dry ash free basis, would be less than 85%;

(b) coal that, if subjected to proximate analysis on an air-dried basis, would be classified as coal having an ash content greater than 12%;

(c) coal the crucible swelling number of which is not greater than 3.

“(2) For the purposes of sub-section (1), the crucible swelling number of coal is the number that, if the coal were subjected to a test made for the purpose of determining the crucible swelling number of the coal, being a test approved in writing by the Minister, would be that number.”.

Exemption

4. Section 7 of the Principal Act is repealed.

Application

5. Notwithstanding the amendments made by this Act, the Principal Act continues to apply to, and in relation to—

(a) coal that has been loaded on to a ship before the time specified in section 2 for export from Australia; or

(b) coal that is loaded on to a ship after the time specified in section 2 for export from Australia as part of a consignment of coal for export from Australia the loading of which on to that ship commenced before that time.

 

NOTE

1. No. 106, 1975, as amended. For previous amendments, see Nos. 37 and 145, 1976; No. 103, 1977; and No. 176, 1979.