Customs Tariff (No. 2) 1969 (Cth)

Customs Tariff (No. 2)

No. 32 of 1969

An Act relating to Duties of Customs.

[Assented to 9 June 1969]

BE it enacted by the Queen’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 (No. 2) 1969.

(2.) The Customs Tariff 1966-1968, as amended by the Customs Tariff 1969, is in this Act referred to as the Principal Act.

(3.) Section 1 of the Customs Tariff 1969 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Customs Tariff 1966-1969.

Commencement.

2.Except as provided otherwise, this Act shall be deemed to have come into operation on the twenty-eighth day of February, One thousand nine hundred and sixty-nine.

Amendments having effect from 28 February 1969.

3. The Principal Act is amended as set out in the First Schedule to this Act.

Amendments having effect from 7 March 1969.

4.—(1.) The Principal Act, as amended in accordance with the last preceding section, is amended as set out in the Second Schedule to this. Act.

(2.) This section shall be deemed to have come into operation on the seventh day of March, One thousand nine hundred and sixty-nine.

Amendments having effect from 30 April 1969.

5.—(1.) The Principal Act, as amended in accordance with the preceding sections of this Act, is amended as set out in the Third Schedule to this Act.

(2.) This section shall be deemed to have come into operation on the thirtieth day of April, One thousand nine hundred and sixty-nine.

Interpretation.

6.—(1.) Section 6 of the Principal Act is amended by omitting subsection (7.).

(2.) This section shall come into operation on the day on which this Act receives the Royal Assent.

Rules for classifying goods under the Schedules.

7.—(1.) Section 14 of the Principal Act is amended—

(a)by omitting from sub-section (2.) the words “In this section” and inserting in their stead the words “In the last preceding subsection”; and

 

(b) by adding at the end thereof the following sub-sections:—

“(3.) Where a description of goods is specified in column 3 of an item in the Fourth Schedule (not being a description by reference only to the tariff classification in the First Schedule that is specified in column 2 of that item), the goods that fall within that item by virtue of that description are such goods as would fall within that description if it were specified in that tariff classification in the First Schedule, and where a description of goods is specified in column 3 of an item in a Part of the Fifth Schedule (not being a description by reference only to the tariff classification in the First Schedule that is specified in column 2 of that item), the goods that fall within that item by virtue of that description are such goods as would fall within that description if it were specified in that tariff classification in the First Schedule.

“(4.) Unless the contrary intention appears, any word or phrase used in column 4 of an item in a Part of the Fifth Schedule has the same meaning as if it were used in column 3 or 4 of the First Schedule in the tariff classification in the First Schedule that is specified in column 2 of that item in that Part of the Fifth Schedule.

“(5.) Where, for any reason, goods fall within two or more items in a Part of the Fifth Schedule, the item that applies to the goods shall be ascertained in accordance with the following principles:—

(a)If one of the items provides a more specific description of the goods than any other of those items, that first-mentioned item applies to the goods.

(b) If—

(i) the item that applies to the goods cannot be ascertained in accordance with the last preceding paragraph;

(ii) the goods are mixtures or composite goods that consist of different materials or are made up of different components; and

(iii) one of those materials or components gives to the goods their essential character,

the goods shall be taken to consist of that material or component.

(c) If the item that applies to the goods cannot be ascertained in accordance with either of the last two preceding paragraphs, the item under which the greatest amount of duty is applicable to the goods under that Part of the Fifth Schedule applies to the goods or, if there are two or more such items, that one of those items that occurs last in that Part applies to the goods.”.

(2.) This section shall come into operation on the day on which this Act receives the Royal Assent.

 

THE SCHEDULES

—

FIRST SCHEDULE Section 3.

Amendments of the Principal Act

AMENDMENT OF PART II. OF THE FIRST SCHEDULE

Omit sub-paragraph 84.25.141, insert the following sub-paragraph:—
“84.25.141	- - -	Of a kind operated by air cooled internal combustion engines not exceeding 10 brake horse-power	45%	30%”,

AMENDMENT OF PART V. OF THE FIFTH SCHEDULE

After item 1358 insert the following items:—
“1358a	84.25.141	Lawnmowers, and parts therefor, of the cylinder or reel type, not being goods having a mechanical driving unit, or a part for a mechanical driving unit, incorporated therein	(G): 22½%
1358b	84.25.149	Lawnmowers, and parts therefor, of the cylinder or reel type, not being goods having a mechanical driving unit, or a part for a mechanical driving unit, incorporated therein	(G):22½%”.

SECOND SCHEDULE Section 4.

Amendments of the Principal Act as amended in accordance with Section 3 of this Act

amendments of part ii. of the first schedule

1. After note 7 to Chapter 29 insert the following note:—

“8. The following goods are specified for the purposes of sub-item 29.04.4, that is to say, goods that—

(a) were in transit to Australia on 3 February 1969; and

(b) are entered for home consumption within 21 days after importation.”.

2. After sub-item 29.04.3 insert the following sub-item:—
“29.04.4	- Sorbitol............................................................	7½%; and, except in respect of goods specified in note 8 to this Chapter, a temporary duty of 30%, and, if the FOB price per ton is less than $230, an amount per ton equal to the difference	Free; and, except in respect of goods specified in note 8 to this Chapter, a temporary duty of 30%, and, if the FOB price per ton is less than $230, an amount per ton equal to the difference”.

AMENDMENT OF PART V. OF THE FIFTH SCHEDULE

After item 347 insert the following item:—
“347a	29.04.4	Goods to which the tariff classification specified in column 2 of  this item applies	Free”.

 

THIRD SCHEDULE Section 5.

Amendments of the Principal Act as amended in accordance with Sections 3 and 4 of this Act

AMENDMENTS OF PART II. OF THE FIRST SCHEDULE

1. Omit paragraph 15.07.93, insert the following paragraph:—
“15.07.93	- -	Maize oil; peanut oil; soya bean oil; rape seed oil		$0.40 per gal	$0.267 per gal”.
2. Omit paragraph 38.12.95, insert the following paragraph:—
“38.12.95	- -	Of casein...................................................................................		40%	17½%”.
3. After note 4 to Chapter 39 insert the following note:—
“5. In paragraphs 39.01.11, 39.02.11 and 39.03.12 and sub-item 39.05.1 ‘adhesives’ means goods that consist of a mixture of two or more ingredients where the presence of more than one of those ingredients is essential to give adhesive properties to the goods.”.
4. Omit sub-paragraph 73.15.613, insert the following sub-paragraphs:—
“73.15.613	- - -		Containing 10 % but less than 12.5% by weight of chromium and having an FOB price of less than $1, 120 per ton, not being goods falling within sub-paragraph 73.15.611 or 73.15.612	35%	25%
73.15.614	- - -		Containing not less than 12.5% by weight of chromium and having an FOB price of less than $1,120 per ton, not being goods falling within sub-paragraph 73.15.611 or 73.15.612	35%. or, if higher, $280 per ton	25%; or, if higher, $280 per ton less 10%”.
5. Omit sub-paragraph 73.15.711, insert the following sub-paragraphs:—
“73.15.711	- - -		Containing 10% but less than 12.5% by weight of chromium and having an FOB price not exceeding $943 per ton	35%	25%
73.15.712	- - -		Containing not less than 12.5% by weight of chromium and having an FOB price not exceeding $943 per ton	35%, or, if higher, $280 per ton	25%; or, if higher, $280 per ton less 10% “.
6. After note 4 to Chapter 82 insert the following note:—
“ 5. The following goods are specified for the purposes of sub-paragraph 82.02.259, that is to say, goods that—
(a)were in transit to Australia on 24 March 1969; and
(b)are entered for home consumption within 21 days after importation.”.
7. Omit sub-paragraph 82.02.231.
8. After sub-paragraph 82.02.232 insert the following sub-paragraph:—
“82.02.233	- - -		Inserted tooth types or segmental types, not being goods falling within a preceding sub-paragraph in this paragraph	7½%	Free”.
9. After paragraph 82.02.24 insert the following paragraph:—
“82.02.25	- - -		Band saw blades:
82.02.251	- - -		Blades having an FOB price exceeding $20 per 100 feet	22½%	12½%
82.02.259	- - -		Other.................................................................................	22½%, and, except in respect of goods specified in note 5 to this Chapter, a temporary duty of 12½%	12½%, and, except in respect of goods specified in note 5 to this Chapter, a temporary duty of 12½%”.

Third Schedule—continued

10. Omit paragraph 82.04.94, insert the following paragraph:—
“82.04.94	- -	Kitchenware; can openers.....................................................			45%, or, if higher, $0.237 per doz	22½%, or, if higher, $0.075 per doz”.
11. Omit sub-paragraph 84.48.991, insert the following sub-paragraph:—
“84.48.991	- - -			Of a kind used solely or principally with machines of a kind to which sub-item 84.46.1 or 84.47.1 applies	7½%	Free”.
12. Omit sub-item 90.19.2, insert the following sub-item:—
“90.19.2	- - -		Deaf aids:
90.19.21	- - -		Of a kind carried on the person............................................		15%	Free
90.19.29	- - -		Other..........................................................................................		45%	27½%”.

AMENDMENT OF PART IV. OF THE SECOND SCHEDULE

After—	”
“70.05.9
insert—
“82.02.251
82.02.259	”.

AMENDMENT OF PART II. OF THE THIRD SCHEDULE

Omit—
“Sub-paragraph 38.12.952	”,
insert—
“Paragraph 38.12.95	”,

AMENDMENT OF PART IV. OF THE THIRD SCHEDULE

Omit— “Sub-paragraph 73.15.711 ”,

AMENDMENTS OF PART V. OF THE FIFTH SCHEDULE

1. Omit items 115 to 117 (inclusive), insert the following items:—
“115	15.07.93		Rape seed oil; rape seed oil mixtures; other oils in bulk or in packs exceeding one gallon	Free
116	15.07.99		Safflower seed oil....................................................................	(A): $0.226 per gal
117	15.07.99		Oils in bulk or in packs exceeding one gallon, other than safflower seed oil	Free”.
2. Omit item 456, insert the following items:—
“456		32.09.331	Goods in packs exceeding 1 gallon......................................	Free
456a		32.09.339	Goods in packs exceeding 1 gallon......................................	Free”.
3. Omit items 563 to 565 (inclusive), insert the following items:—
“563		38.12.95	Goods containing size of animal origin, shellac or artificial resins	17½%
564		38.12.95	Goods not containing size of animal origin, shellac or artificial resins	(A): 14% “.
4. Omit item 1516c, insert the following item:—
“1516c		85.15.9	Communications transceivers having a frequency range from 535 kc/s to 10 Mc/s; television translators	(F):22%”.

Third Schedule—continued

5. After item 1518 insert the following item:—
“1518a	85.18.31	Goods to which the tariff classification specified in column 2 of this item applies	(A): 22%”.
6. Omit item 1653, insert the following items:—
“1653	90.19.21	Goods to which the tariff classification specified in column 2 of this item applies	Free
1653a	90.19.29	Goods to which the tariff classification specified in column 2 of this item applies	(F): 22%”,