Customs Tariff (Miscellaneous Amendments) Act 1987 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE CUSTOMS ACT 1901
3. Principal Act
4. Application
5. Interpretation
6. Repeal of sections 151 and 151a, substitution of new section:
151. When goods are produce or manufacture of countries other than Australia
7. Other amendments of Customs Act
8. Transitional
PART III—AMENDMENTS OF OTHER ACTS
9. Amendments of other Acts
10. Saving
SCHEDULE 1
Amendments of the
SCHEDULE 2
Amendments of other Acts
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by inserting after the definition of “Trafficable quantity” in subsection (1) the following definition:
“ ‘unmanufactured raw products’ means natural or primary products that have not been subjected to an industrial process, other than an ordinary process of primary production, and, without limiting the generality of the foregoing, includes:
(a) animals;
(b) bones, hides, skins and other parts of animals obtained by killing, including such hides and skins that have been sun-dried;
(c) greasy wool;
(d) plants and parts of plants, including raw cotton, bark, fruit, nuts, grain, seeds in their natural state and unwrought logs;
(e) minerals in their natural state and ores; and
(f) crude petroleum;”; and
(b) by inserting after subsection (3) the following subsections:
“(3a) A reference in this Act or any other law of the Commonwealth to the tariff classification under which goods are classified is a reference to the heading in Schedule 3 to the
Customs Tariff Act 1987 or such a heading’s subheading:(a) in whose third column a rate of duty or the quota sign within the meaning of that Act is set out; and
(b) under which the goods are classified for the purposes of that Act.
“(3b) For the purposes of this Act and any other law of the Commonwealth:
(a) a heading in Schedule 3 to the
Customs Tariff Act 1987 may be referred to by the word ‘heading’ followed by the digits with which the heading begins;(b) a subheading of a heading in that Schedule may be referred to by the word ‘subheading’ followed by the digits with which the subheading begins;
(c) an item in Schedule 4 to that Act may be referred to by the word ‘item’ followed by the number, or the number and letter, with which the item begins;
(d) an item in Schedule 5 to that Act may be referred to by the word ‘item’ followed by the number with which the item begins; and
(e) a subitem in Schedule 5 to that Act may be referred to by the word ‘subitem’ followed by the number and letter with which the subitem begins.
“(3c) Where the word ‘Free’ is set out in section 22, 23 or 25 of the
Customs Tariff Act 1987 or in the third column of Schedule 3, 4 or 5 to that Act, that word shall, unless the contrary intention appears, be deemed, for the purposes of this Act and any other law of the Commonwealth, to be a rate of duty.“(3d) Any words, or words and figures, set out in the third column of Schedule 3, 4 or 5 to the
Customs Tariff Act 1987, being words, or words and figures, that enable the duty to be ascertained in respect of goods shall, unless the contrary intention appears, be deemed for the purposes of this Act or any other law of the Commonwealth, to be a rate of duty.”.
“151. (1) This section does not apply when ascertaining whether goods are the produce or manufacture of Australia for the purposes of this Act.
“(2) Goods are not the produce or manufacture of a country for the purposes of this Act unless they are such produce or manufacture under this section.
“(3) Notwithstanding subsections (5), (6) and (7), goods are not the produce or manufacture of New Zealand for the purposes of this Act unless:
(a) they have been shipped to Australia from New Zealand; and
(b) either:
(i) they have not been transhipped; or
(ii) the Collector is satisfied that, when they were shipped from New Zealand, their intended destination was Australia.
“(4) Notwithstanding subsections (5), (6) and (12), goods are not the produce or manufacture of Canada for the purposes of this Act unless:
(a) they have been shipped to Australia from Canada; and
(b) either:
(i) they have not been transhipped; or
(ii) the Collector is satisfied that, when they were shipped from Canada, their intended destination was Australia.
“(5) For the purposes of this Act, goods are the produce of a country if they are its unmanufactured raw products.
“(6) For the purposes of this Act, goods are the manufacture of a country, being New Zealand, Papua New Guinea, Canada or a country that is not a Preference Country, if they were wholly manufactured in the country from one or more of:
(a) unmanufactured raw products;
(b) materials wholly manufactured in one or both of Australia and the country; and
(c) materials imported into the country that the Comptroller has determined, by notice in writing published in the
Gazette ,to be manufactured raw materials of the country.
“(7) For the purposes of this Act, goods are the manufacture of New Zealand if:
(a) the last process in their manufacture was performed in New Zealand; and
(b) not less than 50%, or, where the goods are in a class in respect of which the Comptroller has determined, by notice in writing published in the
Gazette ,that another percentage is appropriate, that other percentage, of their factory or works cost is represented by the value of labour or materials, or of labour and materials, of New Zealand or of Australia and New Zealand.
“(8) For the purposes of this Act, goods are the manufacture of a country, being Papua New Guinea or a Forum Island Country, if:
(a) the last process in their manufacture was performed in the country; and
(b) not less than 50%, or, where the goods are in a class in respect of which the Comptroller has determined, by notice in writing published in the
Gazette ,that a lesser percentage is appropriate, that lesser percentage, of their factory or works cost is represented by the value of labour or materials, or of labour and materials, of one or more of Australia, Papua New Guinea and Forum Island Countries.
“(9) For the purposes of this Act, goods are the manufacture of a country, being Papua New Guinea or a Forum Island Country, if:
(a) the last process in their manufacture was performed in the country;
(b) they were partly manufactured from materials the produce or manufacture of New Zealand, being materials:
(i) any quantity of which could lawfully be imported into Australia; and
(ii) that, if so imported, the duty of Customs in respect of which ascertained in accordance with sections 22, 24, 26 and 27 of the
Customs Tariff Act 1987 would be ‘free’;(c) not less than 50%, or, where the goods are in a class in respect of which the Comptroller has determined, by notice in writing published in the
Gazette ,that a lesser percentage is appropriate, that lesser percentage, of their factory or works cost is represented by the value of labour or materials, or of labour and materials, of one or more of Australia, New Zealand, Papua New Guinea and Forum Island Countries; and(d) not less than 25% of their factory or works cost is represented by the value of labour or materials, or of labour and materials, of one or more of Papua New Guinea and Forum Island Countries.
“(10) For the purposes of this Act, goods are the manufacture of a country, being a Developing Country, if:
(a) the last process in their manufacture was performed in the country; and
(b) not less than 50% of their factory or works cost is represented by the value of labour or materials, or of labour and materials, of one or more of Australia, Papua New Guinea, Forum Island Countries and Developing Countries.
“(11) For the purposes of this Act, goods are the manufacture of a Developing Country, but not of any particular Developing Country, if:
(a) the last process in their manufacture was performed in Papua New Guinea or a Forum Island Country;
(b) they are not the manufacture of Papua New Guinea or a Forum Island Country under subsection (8) or (9); and
(c) not less than 50% of their factory or works cost is represented by the value of labour or materials, or of labour and materials, of one or more of Australia, Papua New Guinea, Forum Island Countries and Developing Countries.
“(12) For the purposes of this Act, goods are the manufacture of a country, being Canada or a country that is not a Preference Country, if:
(a) the last process in their manufacture was performed in the country; and
(b) not less than 75%, or, where the goods are of a kind not commercially manufactured in Australia, 25%, of their factory or works cost is represented by the value of labour or materials, or of labour and materials, of the country or of Australia and the country.
“(13) For the purposes of this
section, the Comptroller may, by notice in writing published in the
(a) specify the manner in which the factory or works cost of goods is to be determined; and
(b) specify the manner in which the value of labour, the value of materials or the value of labour and materials is to be determined.
“(14) For the purposes of
subsection (12), the Comptroller may, by notice in writing published in the
“(15) In this section, ‘Forum
Island Country’, ‘Developing Country’ and ‘Preference Country’ have the same
meanings as they have in the
“Comptroller” means the Comptroller-General of Customs;
“concession order” has the same meaning as in Part XVa of the Principal Act;
“Customs instrument” includes:
(a) a regulation under an Act relating to Customs;
(b) a by-law, determination and order under such an Act (including a concession order);
(c) a licence and a permit under such an Act; and
(d) an application for an instrument referred to in paragraph (b) or (c);
but does not include an undertaking given otherwise than on behalf of the Commonwealth;
“item” means:
(a) in relation to the 1982 Act, an item of that Act or of that Act as proposed to be altered by a Customs Tariff alteration proposed in the Parliament, a subitem of such an item, a paragraph of such a subitem or a subparagraph of such a paragraph; and
(b) in relation to the 1987 Act, a heading or an item of that Act or of that Act as proposed to be altered by a Customs Tariff alteration proposed in the Parliament, a subheading of such a heading or a subitem of such an item;
“made” includes given and issued;
“the 1982 Act” means the
Customs Tariff Act 1982 ;“the 1987 Act” means the
Customs Tariff Act 1987.
–––––––––––––
AMENDMENTS OF THE CUSTOMS ACT 1901
Omit “
Omit “1982” (wherever occurring),
substitute “
Omit “(including costs of packages
and coverings that fall within item 12 in Part I of Schedule 4 to the
Omit “(including costs of packages
and coverings that fall within item 12 in Part I of Schedule 4 to the
Omit “
(a) Omit “Part I of”.
(b) Omit “
1982 ”, substitute “1987 ”.
Omit “
Omit “1982”, substitute “
Omit subsection (2), substitute the following subsection:
“(2) Unless the contrary intention appears, a reference in this Part to an item of a Customs Tariff includes a reference to:
(a) a heading and a subheading in Schedule 3 to the
Customs Tariff Act 1987 ; and(b) a subitem of an item in Schedule 5 to that Act.”.
Omit “section 11 of the
AMENDMENTS OF OTHER ACTS
Omit “
Omit “
Omit “item 87.05”, substitute “heading 8707”.
(a) Omit “item 84.06”, substitute “heading 8407 or 8408”.
(b) Omit “goods to which section 19, but not subsection 21 (4) or (6),”, substitute “not goods the manufacture of a Preference Country or goods to which Schedule 4”.
(a) Omit “item 84.06”, substitute “heading 8409”.
(b) Omit “goods to which section 19, but not subsection 21 (4) or (6),”, substitute “not goods the manufacture of a Preference Country or goods to which Schedule 4”.
(a) Omit “item 87.06”, substitute “heading 8708”.
(b) Omit “goods to which section 19, but not subsection 21 (4) or (6),”, substitute “not goods the manufacture of a Preference Country or goods to which Schedule 4”.
After the definition of “manufacturer” insert the following definition: “Preference Country’ has the same meaning as in the Tariff Act;”.
Omit “
Omit “item 87.01”, substitute “heading 8701”.
Omit “item 49.01, 49.03 or 49.05”, substitute “heading 4901, 4903 or 4905”.
Omit “
(a) Omit “item 84.53” (first and second occurring), substitute “heading 8471”.
(b) Omit “item 84.51, 84.52 or 84.54”, substitute “heading 8469, 8470 or 8472”.
(c) Omit “item 84.55”, substitute “heading 8473”.
(d) Omit “goods to which section 19, but not subsection 21 (4) or (6),”, substitute “not goods the manufacture of a Preference Country or goods to which Schedule 4”.
(e) Omit “item 85.21”, substitute “heading 8542”.
Omit “item 85.13”, substitute “heading 8517”.
Omit “item 85.13”, substitute “heading 8517”.
Omit “item 85.21”, substitute “heading 8542”.
Omit “item 85.21”, substitute “heading 8542”.
After the definition of “operating software” insert the following definition: “Preference Country’ has the same meaning as in the Tariff Act;”.
Omit “
Omit “goods to which section 29, but not subsection 21 (4) or (6),”, substitute “not goods the manufacture of a Preference Country or goods to which Schedule 4”.
Omit “item 85.01”, substitute “heading 8501”.
Omit “
Omit “item 84.59”, substitute “heading 8479”.
Omit “
(a) Omit “item 90.28”, substitute “heading 8537 or 9032”.
(b) Omit “goods to which section 19, but not subsection 21 (4) or (6),”, substitute “not goods the manufacture of a Preference Country or goods to which Schedule 4”.
Omit “item 84.50 or 85.11”, substitute “heading 8468, 8479 or 8515”.
(a) Omit “item 84.48”, substitute “heading 8466”.
(b) Omit “goods to which section 19, but not subsection 21 (4) or (6),”, substitute “not goods the manfacture of a Preference Country or goods to which Schedule 4”.
Omit “item 84.45, 84.50 or 85.11”, substitute “heading 8456, 8457, 8458, 8459, 8460, 8461, 8462, 8463, 8468, 8479 or 8515”.
Omit “item 85.21”, substitute “heading 8542”.
Omit “item 85.11”, substitute “heading 8515”.
Omit “item 84.45”, substitute “heading 8456, 8457, 8458, 8459, 8460, 8461, 8462 or 8463”.
Omit “item 84.45”, substitute “heading 8456, 8457, 8458, 8459, 8460, 8461, 8462 or 8463”.
Omit “an item” (wherever occurring), substitute “a heading”.
After the definition of “numerically controlled machine” insert the following definition: “ ‘Preference Country’ has the same meaning as in the Tariff Act;”.
Omit “
Omit “item 89.01”, substitute “heading
8901, 8902, 8903 or 8906
Omit “
Omit “
Omit the subparagraph, substitute the following subparagraph:
“(i) where the goods are goods to which section 11 of the
Customs Tariff Act 1987 applies—the item in Schedule 4 to that Act that applies to the goods is expressed to apply to goods, or to a class or kind of goods, as prescribed by by-law; and”.
Omit “Part I of”.
Omit the subparagraph, substitute the following subparagraph:
“(i) where the goods are goods to which section 11 of the
Customs Tariff Act 1987 applies—the item in Schedule 4 to that Act that applies to the goods is expressed to apply to goods, or to a class or kind of goods, as prescribed by by-law; and”.
Omit “Part I ofr”.
Omit “Tariff Act”, substitute “
Omit the definition, substitute the following definition:
“relevant tariff classification’ means:
(a) heading 2709.00.00;
(b) subheading 2710.00.10;
(c) subheading 2710.00.20;
(d) subheading 2710.00.30;
(e) subheading 2710.00.40;
(f) subheading 2710.00.51;
(g) subheading 2710.00.52;
(h) subheading 2710.00.59; and
(j) subheading 2710.00.90;
in Schedule 3 to the Tariff Act;”.
Omit “
Omit “Part I of Schedule 4 to the
Omit “
Omit “1982”, substitute “
Omit “item 22, or paragraph (c) of
item 27, in Part I”, substitute “item 26 or paragraph (c) of item 23”
Omit “item 99.05”, substitute “heading 9705”.
Omit “item 17 in Part I”, substitute “item 25”.
Omit “item 99.06”, substitute “heading 9706”.
Omit “Part I of (wherever
occurring)
(a) Omit “item 84.24”, substitute “heading 8432”.
(b) Omit “goods to which section 19, but not subsection 21 (4) or (6),”, substitute “not goods the manufacture of a Preference Country within the meaning of the Tariff Act or goods to which Schedule 4”.
(a) Omit “item 84.24”, substitute “heading 8432”.
(b) Omit “goods to which section 19, but not subsection 21 (4) or (6),”, substitute “not goods the manufacture of a Preference Country within the meaning of the Tariff Act or goods to which Schedule 4”.
Omit “
(a) Omit “item 84.25”, substitute “heading 8433”.
(b) Omit “goods to which section 19, but not subsection 21 (4) or (6),”, substitute “not goods the manufacture of a Preference Country within the meaning of the Tariff Act or goods to which Schedule 4”.
(a) Omit “item 84.25”, substitute “heading 8433”.
(b) Omit “goods to which section 19, but not subsection 21 (4) or (6),”, substitute “not goods the manufacture of a Preference Country within the meaning of the Tariff Act or goods to which Schedule 4”.
Omit “
1. No. 6, 1901, as amended. For previous amendments, see No. 21, 1906; Nos. 9 and 36, 1910; No. 9, 1914; No. 10, 1916; No. 41, 1920; No. 19, 1922; No. 12, 1923; No. 22, 1925; No. 6, 1930; Nos. 7 and 45, 1934; No. 7, 1935; No. 85, 1936; No. 54, 1947; No. 45, 1949; Nos. 56 and 80, 1950; No. 56, 1951; No. 108, 1952; No. 47, 1953; No. 66, 1954; No. 37, 1957; No. 54, 1959; Nos. 42 and 111, 1960; No. 48, 1963; Nos. 29, 82 and 133, 1965; No. 28, 1966; No. 54, 1967; Nos. 14 and 104, 1968; Nos. 12 and 134, 1971; No. 162, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 28 and 120, 1974; Nos. 56, 77 and 107, 1975; Nos. 41, 91 and 174, 1976; No. 154, 1977; Nos. 36 and 183, 1978; Nos. 92, 116, 177 and 180, 1979; Nos. 13, 15 and 110, 1980; Nos. 45, 64, 67, 152 and 157, 1981; Nos. 48, 51, 80, 108, 115 and 137, 1982; No. 81, 1982 (as amended by No. 39, 1983); Nos. 19, 39 and 101, 1983; Nos. 2, 22, 63, 72 and 165, 1984; Nos. 39, 40 and 175, 1985; and No. 34, 1986.
[
House of Representatives on 2 April 1987
Senate on 5 May 1987
0
0
0