Customs Tariff (Industries Preservation) Act 1922 (Cth)

 

CUSTOMS TARIFF (INDUSTRIES PRESERVATION).

No. 20 of 1922.

An Act to amend the Customs Tariff (Industries Preservation) Act 1921.

[Assented to 9th October, 1922.]

BE it enacted by the King’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 (Industries Preservation) Act 1922.

(2.) The Customs Tariff (Industries Preservation) Act 1921 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 (Industries Preservation) Act 1921–1922.

Definition of reasonable price.

2.Section five of the Principal Act is amended by omitting from sub-section (4.) thereof the words “five per centum” and inserting in their stead the words “such addition, not exceeding twenty per centum, as is determined by the Minister after inquiry and report by the Tariff Board”.

Goods on consignment.

3.Section six of the Principal Act is amended—

(a)by omitting from sub-section (4.) thereof the word “five” and inserting in its stead the words “such addition, not exceeding fifteen”;

(b)by adding at the end of sub-section (4.) thereof the words “, as is determined by the Minister after inquiry and report by the Tariff Board”;

 

(c)by omitting from sub-section (5.) thereof the words “five per centum of such cost” and inserting in their stead the words “such addition, not exceeding twenty per centum of such cost, as is determined by the Minister after inquiry and report by the Tariff Board,”; and

(d)by omitting from sub-section (5.) thereof the words “five per centum of such estimated cost” and inserting in their stead the words “such addition, not exceeding twenty per centum of such estimated cost, as is determined by the Minister after inquiry and report by the Tariff Board”.

Duty where exchange value is less than one-twelfth of par.

4.Section eight of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(3.) Notwithstanding anything contained in this Act, when the currency of the country of origin or export of any goods has depreciated to less than one-twelfth of its normal par value as compared with the pound sterling, the duty which shall be charged collected and paid under this section on the goods shall be such amount as represents the difference between—

(a) the landed cost in warehouse in Australia (including duty calculated in accordance with the provisions of the Customs Act 1901–1920) plus a percentage of profit to be determined by the Minister after inquiry and report by the Board, and

(b)the Australian wholesale price of similar goods of Australian manufacture.

“(4.) For the purposes of the last preceding sub-section the normal par value of the currency of any country shall be such as is determined by the Minister.

“(5.) Notwithstanding anything contained in the Customs Act 1901–1920, the value for duty under that Act of goods dutiable under sub-section (3.) of this section shall be the value ascertained in accordance with that Act plus the special duty imposed under that sub-section.

“(6.) Notwithstanding anything contained in the Customs Act 1901–1920 or the Customs Tariff 1921, the duty payable under the Customs Tariff 1921 on goods dutiable under that Tariff otherwise than ad valorem which are dutiable also under sub-section (3.) of this section, shall be the duty calculated in accordance with that Act and Tariff plus twenty per centum of the duty so calculated.

“(7.) Nothing in the last two preceding sub-sections shall affect the calculation, for the purposes of paragraph (a)of sub-section (3.) of this section, of duty in accordance with the provisions of the Customs Act 1901–1920.”.

Value for duty.

5.Section nine of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(4.) Notwithstanding anything contained in the Customs Act 1901–1920, the value for duty under that Act of goods dutiable under this section shall be the value ascertained in accordance with that Act plus the dumping preference duty imposed under this section.”.

Amendment of section 11.

6.Section eleven of the Principal Act is amended by omitting therefrom the word “two” and inserting in its stead the word “three”.

Duties to be collected separately.

7.Section twelve of the Principal Act is amended by omitting the proviso thereto and inserting in its stead the following proviso:—

“Provided that, where duty has been imposed, under section eight or section nine of this Act, upon any particular goods, duty shall not be imposed upon those goods under the other of those sections.”.