Customs Undertakings (Penalties) Act 1981 (Cth)
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Customs Undertakings (Penalties) Act 1981 .
This Act shall come into operation on the day on which the
Customs Amendment (Tenders) Act 1981 comes into operation.
The Comptroller‑General of Customs (within the meaning of the
Customs Act 1901 ) has the general administration of this Act.
(1) In this Act, unless the contrary intention appears:
Customs undertaking means an undertaking given under subsection 267(1) or 268(2) of theCustoms Act 1901 , and includes such an undertaking as varied.item of a Customs Tariff andproposed item of a Customs Tariff have the same respective meanings as in Part XVI of theCustoms Act 1901 .prescribed percentage , in relation to goods, means the prescribed percentage set out in the Customs undertaking that relates to the goods.(2) For the purposes of this Act, where a Customs undertaking sets out the value of a unit of the goods to which the undertaking relates, the value of the goods shall be calculated in accordance with that value.
This Act does not extend to Norfolk Island.
(1) Subject to subsection (2), where a person breaches a Customs undertaking given by him or her, there is payable by that person to the Commonwealth, by way of penalty, an amount equal to the prescribed percentage of the value of the goods to which the undertaking relates.
(2) Where a person who has given a Customs undertaking has, in partial compliance with the undertaking, entered goods for home consumption under an item, or proposed item, of a Customs Tariff to which the undertaking relates during the period, or each of the periods, specified in the undertaking, the penalty otherwise applicable under subsection (1) shall be reduced by an amount that bears to the amount of that penalty the same proportion as:
(a) where a particular quantity of goods was required to be so entered to comply fully with the undertaking—the quantity of goods so entered bears to that particular quantity; or
(b) where a quantity of goods of a particular value was required to be so entered to comply fully with the undertaking—the value of the goods so entered bears to that particular value.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Customs Undertakings (Penalties) Act 1981 | 47, 1981 | 14 May 1981 | 14 May 1981 (s 2) | |
Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985 | 39, 1985 | 29 May 1985 | s 4 and Sch: 10 June 1985 (s 2) | s 4 |
Customs Undertakings (Penalties) Amendment Act 1985 | 177, 1985 | 16 Dec 1985 | 30 May 1985 (s 2) | s 4 |
| ||||
| 76, 1986 | 24 June 1986 | s 9: 24 June 1986 (s 2(1)) Sch 1: 30 May 1985 (s 2(7)) | s 9 |
Customs, Excise and Bounty Legislation Amendment Act 1995 | 85, 1995 | 1 July 1995 | s 18 and Sch 9 (item 64): 1 July 1995 (s 2(1)) | s 18 |
Customs and Other Legislation Amendment (Australian Border Force) Act 2015 | 41, 2015 | 20 May 2015 | Sch 6 (item 70) and Sch 9: 1 July 2015 (s 2(1) items 2, 7) | Sch 9 |
Territories Legislation Amendment Act 2016 | 33, 2016 | 23 Mar 2016 | Sch 5 (item 37): 1 July 2016 (s 2(1) item 7) | — |
s 2A....................................... | ad No 39, 1985 |
am No 85, 1995; No 41, 2015 | |
s 3A....................................... | ad No 33, 2016 |
s 4......................................... | am No 177, 1985 |
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