Customs (Valuation) Amendment Act 1987 (Cth)
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting from subsection (1) the definitions of “price” and “relevant transaction” and substituting respectively the following definitions:
“ ‘price’, in relation to goods the subject of a contract of sale, means the aggregate of:
(a) all payments made, or to be made, directly or indirectly, in relation to the goods by, or on behalf of, the purchaser:
(i) to the vendor;
(ii) to an associate of the vendor for the direct or indirect benefit of the vendor; or
(iii) otherwise for the direct or indirect benefit of the vendor;
in accordance with the contract of sale or with any other contract relating to the purchase of the goods; and
(b) all payments made, or to be made, directly or indirectly, by or on behalf of, the purchaser:
(i) to the vendor;
(ii) to an associate of the vendor for the direct or indirect benefit of the vendor; or
(iii) otherwise for the direct or indirect benefit of the vendor;
under any other contract, agreement or arrangement, whether formal or informal, for the doing of anything to increase the value of the goods;
whether the payment is made in money or by letter of credit, negotiable instrument or otherwise, and includes:
(c) the value, as determined by a Collector, of any goods or services supplied, or to be supplied, by, or on behalf of, the purchaser as part of the consideration passing from the purchaser under the contract of sale;
(d) the value, as determined by a Collector, of any goods or services supplied, or to be supplied, directly or indirectly, by, or on behalf of, the purchaser:
(i) to the vendor;
(ii) to an associate of the vendor for the direct or indirect benefit of the vendor; or
(iii) otherwise for the direct or indirect benefit of the vendor;
under any other contract, agreement or arrangement, whether formal or informal, for the doing of anything to increase the value of the goods; and
(e) the value, as determined by a Collector, of any goods or services supplied, or any obligations incurred, in accordance with a requirement of the contract of sale, or of any other contract relating to the purchase of the goods, by, or on behalf of, the purchaser in relation to:
(i) the advertising of the goods; or
(ii) any warranty or guarantee in relation to the goods;
but does not include any duties of Customs, or any other taxes, payable under a law in force in Australia because of the importation or sale of the goods;
‘relevant transaction’, in relation to goods, means:
(a) where there was one, and only one, contract of sale for the importation of the goods into Australia entered into before they became subject to Customs control and it was also for their exportation from a foreign country—that contract;
(b) where there was one, and only one, contract of sale for the importation of the goods into Australia but not for their exportation from a foreign country, being a contract entered into before they became subject to Customs control—that contract; or
(c) where there were 2 or more contracts of sale for the importation of the goods into Australia entered into before they became subject to Customs control— whichever of the contracts was made last;
and includes any other contracts, agreements or arrangements, whether formal or informal, relating to the contract of sale that is the relevant transaction;”;
(b) by inserting in subsection (1) the following definition in its appropriate alphabetical position determined on a letter-by-letter basis:
“ ‘associate’, in relation to a vendor of goods, means:
(a) a person who substantially influences the business operations of the vendor;
(b) a person whose business operations are substantially influenced by the vendor;
(c) a person who substantially influences the business operations of a person whose business operations are substantially influenced by the vendor;
(d) a person whose business operations are substantially influenced by a person who substantially influences the business operations of the vendor; or
(e) a person who is related to the vendor;”;
(c) by inserting in subparagraph (2) (a) (i) “, and the benefit of which has not been received,” after “accrued”;
(d) by omitting from paragraph (2) (b) “, in accordance with generally accepted accounting principles,”;
(e) by omitting subparagraph (2) (b) (i) and substituting the following subparagraph:
“(i) any payment of interest paid or payable under a written contract, agreement or arrangement under which the purchaser is permitted to delay the payment of the price in return for the payment of that interest (whether or not also in return for an increase in the price or for the payment of an additional amount), being a contract, agreement or arrangement entered into between the purchaser and the vendor or another person in relation to the purchase of the goods, where:
(a) the interest is distinguished to the satisfaction of the Collector from the price actually paid or payable for the goods;
(b) if a Collector requires the purchaser to demonstrate to the satisfaction of a Collector that identical or similar goods are actually sold at the last-mentioned price—the purchaser so demonstrates; and
(c) if a Collector requires the purchaser to demonstrate to the satisfaction of a Collector that the rate of the interest does not exceed the rate of interest in similar contracts, agreements or arrangements entered into in the country where, and at the time when, finance under the first-mentioned contract, agreement or arrangement was provided—the purchaser so demonstrates;”; and
(f) by omitting subsection (5).
(a) by omitting from subsection (2) “or (6)” (wherever occurring) and substituting “(6), (9) or (11)”; and
(b) by adding at the end the following subsections:
“(8) Where:
(a) different goods are sold in a relevant transaction or relevant transactions; and
(b) a Collector is of the opinion that the price of some of the goods (in this paragraph called ‘special price goods’) is different from the price that would normally be paid for goods, being goods identical or similar to the special price goods, sold in a transaction similar to the relevant transaction in which the special price goods were sold;
the Collector shall, by notice in writing served, personally or by post, on the owner of the special price goods:
(c) advise the owner of the Collector’s opinion; and
(d) require the owner to satisfy the Collector, within a period specified in the notice (not being a period of less than 28 days), that the differences were not designed to obtain a reduction of, or to avoid, duty.
“(9) On the expiration of the period specified in a notice under subsection (8) in relation to goods, the Collector shall, unless the owner of the goods to whom the notice was given has satisfied the Collector as required by the notice, determine that the transaction value of the goods cannot be determined.
“(10) Where:
(a) goods are sold in a relevant transaction or relevant transactions;
(b) services in relation to the goods are provided by the vendor for the purchaser; and
(c) a Collector is of the opinion that the price of the services is different from the price that would normally be paid for identical or similar services in relation to identical or similar goods sold in a transaction similar to the relevant transaction in which the first-mentioned goods were sold;
the Collector shall, by notice in writing served, personally or by post, on the owner of the goods:
(d) advise the owner of the Collector’s opinion; and
(e) require the owner to satisfy the Collector, within a period specified in the notice (not being a period of less than 28 days), that the differences were not designed to obtain a reduction of, or to avoid duty.
“(11) On the expiration of the period specified in a notice under subsection (10) in relation to goods, the Collector shall, unless the owner of the goods to whom the notice was given has satisfied the Collector as required by the notice, determine that the transaction value of the goods cannot be determined.”.
(a) by omitting from subsection (3) “, in accordance with generally accepted accounting principles,”;
(b) by omitting from paragraph (3) (a) “his” and substituting “the purchaser’s”;
(c) by inserting in paragraph (3) (a) “where the agent is not the agent of the vendor, or otherwise associated with the vendor except as agent of the purchaser, in relation to the purchase” after “valued” (first occurring);
(d) by inserting in paragraph (3) (b) “but not including costs of containers” after “
1982 ”; and(e) by omitting from subsections (5), (6) and (7) “, in accordance with generally accepted accounting principles,”.
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 29 April 1987
Senate on 29 May 1987
0
0
0