United Kingdom and Australia Trade Agreement Act 1932 (Cth)
UNITED KINGDOM AND AUSTRALIA TRADE AGREEMENT.
An Act to approve the provisions of an agreement made between His Majesty’s Government in the United Kingdom and His Majesty’s Government in the Commonwealth of Australia and arising out of the Conference of Representatives of the Governments of the British Dominions held at Ottawa in July and August One thousand nine hundred and thirty-two.
[Assented to 2nd December, 1932.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
THE SCHEDULE.
Article 1.
His
Majesty’s Government in the United Kingdom undertake that Orders shall be made
in accordance with the provisions of Section 4 of the
Article 2.
His Majesty’s Government in the United Kingdom will invite Parliament to pass the legislation necessary to impose on the foreign goods specified in Schedule B appended hereto, the duties of customs shown in that Schedule in place of the duties (if any) now leviable.
The Schedule—
Article 3.
His Majesty’s Government in the United Kingdom will invite Parliament to pass the legislation necessary to secure to Australian goods of the kinds specified in Schedule C appended hereto which comply with the law and statutory regulations for the time being in force affecting the grant of Imperial preference, the margins of preference specified therein over similar foreign goods.
Article 4.
His
Majesty’s Government in the United Kingdom undertake that the general ad
valorem duty of ten per cent. imposed by Section 1 of the
Article 5.
The duties provided in this Agreement on foreign wheat in grain, copper, lead and zinc on importation into the United Kingdom are conditional in each case on Empire producers of wheat in grain, copper, lead and zinc respectively continuing to offer those commodities on first sale in the United Kingdom at prices not exceeding the world price.
Article 6.
His Majesty’s Government in the United Kingdom and His Majesty’s Government in the Commonwealth of Australia agree that arrangements shall be made for the regulation of imports of frozen mutton and lamb and frozen and chilled beef into the United Kingdom in accordance with the declaration by His Majesty’s Government in the United Kingdom which is appended as Schedule H.
Article 7.
His Majesty’s Government in the United Kingdom will invite the Governments of the non-self-governing Colonies and Protectorates to accord to Australia any preference which may for the time being be accorded to any other part of the British Empire, provided that this Article shall not extend to any preferences accorded by Northern Rhodesia to the Union of South Africa, Southern Rhodesia and the Territories of the South African High Commission by virtue of the Customs Agreement of 1930, and further will invite the Governments of the Colonies and Protectorates shown in Schedule E to accord to Australia new or additional preferences on the commodities and at the rates shown therein.
Article 8.
His Majesty’s Government in the Commonwealth of Australia will invite Parliament to pass the legislation making the tariff changes necessary to give effect to the preference formula set forth in Part I. of Schedule F appended hereto, subject to the exceptions indicated in Part II. of that Schedule, and further undertake that existing preferential margins which exceed those laid down in this formula shall be maintained subject, however, to the right of His Majesty’s Government in the Commonwealth of Australia to reduce the existing margins of preference in the case of goods of the kinds specified in Part III. of that Schedule to an extent not exceeding the amounts shown therein.
Article 9.
His Majesty’s Government in the Commonwealth of Australia undertake that protection by tariffs shall be afforded only to those industries which are reasonably assured of sound opportunities for success.
Article 10.
His Majesty’s Government in the Commonwealth of Australia undertake that during the currency of this Agreement the tariff shall be based on the principle that protective duties shall not exceed such a level as will give United Kingdom producers full opportunity of reasonable competition on the basis of the relative cost of economical and efficient production, provided that in the application of such principle special consideration may be given to the case of industries not fully established.
The Schedule—
Article 11.
His Majesty’s Government in the Commonwealth of Australia undertake that a review shall be made as soon as practicable by the Australian Tariff Board of existing protective duties in accordance with the principles laid down in Article 10 hereof, and that after the receipt of the report and recommendation of the Tariff Board the Commonwealth Parliament shall be invited to vary, wherever necessary, the tariff on goods of United Kingdom origin in such manner as to give effect to such principles.
Article 12.
His Majesty’s Government in the Commonwealth of Australia undertake that no new protective duty shall be imposed and no existing duty shall be increased on United Kingdom goods to an amount in excess of the recommendation of the Tariff Tribunal.
Article 13.
His Majesty’s Government in the Commonwealth of Australia undertake that United Kingdom producers shall be entitled to full rights of audience before the Tariff Board when it has under consideration matters arising under Articles 11 and 12 hereof.
Article 14.
His Majesty’s Government in the Commonwealth of Australia undertake in so far as concerns goods the produce or manufacture of the United Kingdom:
(
a ) to repeal as soon as practicable the Proclamation published inCommonwealth Gazette No. 46 of 19th May, 1932, prohibiting the importation of certain goods;(
b )to remove as soon as practicable the surcharges imposed by resolution introduced into the Parliament of Australia on the 24th May, 1932; and(
c ) to reduce or remove primage duty as soon as the finances of Australia will allow.
Article 15.
His Majesty’s Government in the Commonwealth of Australia undertake to accord to the non-self-governing Colonies and Protectorates and the Mandated Territories of Tanganyika, the Cameroons under British Mandate and Togoland under British Mandate, preferences on the commodities and at the rates shown in Schedule G and also any preferences for the time being accorded to the United Kingdom if His Majesty’s Government in the United Kingdom so request.
Provided that His Majesty’s Government in the Commonwealth of Australia shall not be bound to accord any preferences to any Colony or Protectorate which, not being precluded by international obligations from according preferences, either (i) accords to Australia no preferences or (ii) accords to some other part of the Empire (in the case of Northern Rhodesia, excepting the Union of South Africa, Southern Rhodesia, and the territories of the South African High Commission) preferences not accorded to Australia.
Article 16.
This Agreement between His Majesty’s Government in the United Kingdom and His Majesty’s Government in the Commonwealth of Australia is to be regarded as coming into effect as from the date hereof* (subject to the necessary legislative or other action being taken as soon as may be practicable hereafter). It shall remain in force for a period of five years, and if not denounced six months before the end of that period shall continue in force thereafter until a date six months after notice of denunciation has been given by either party.
In the event of circumstances arising which, in the judgment of His Majesty’s Government in the United Kingdom or of His Majesty’s Government in the Commonwealth of Australia as the case may be, necessitate a variation in the terms of the Agreement, the proposal to vary those terms shall form the subject of consultation between the two Governments.
* 20th August, 1932.
The Schedule—
SCHEDULE A.
COMMONWEALTH OF AUSTRALIA.
As regards Eggs, Poultry, Butter, Cheese and other Milk products, free entry for produce of Australia will be continued for three years certain. His Majesty’s Government in the United Kingdom, however, reserve to themselves the right after the expiration of the three years, if they consider it necessary in the interests of the United Kingdom producer to do so, to review the basis of preference, so far as relates to the articles enumerated, and, after notifying His Majesty’s Government in the Commonwealth of Australia either to impose a preferential duty on produce of Australia whilst maintaining existing preferential margins, or in consultation with the Commonwealth Government to bring such produce within any system which may be put into operation for the quantitative regulation of supplies from all sources in the United Kingdom market.
SCHEDULE B.
COMMONWEALTH OF AUSTRALIA.
Wheat in grain................................................................ | 2s. per quarter. |
Butter.............................................................................. | 15s. per cwt. |
Cheese............................................................................ | 15% ad valorem. |
| 4s. 6d. per cwt. |
Pears, raw....................................................................... | 4s. 6d. per cwt. |
Apples, canned............................................................... |
|
Other canned fruits......................................................... |
|
Dried fruits, now dutiable at 7s...................................... | 10s. 6d. per cwt. |
Eggs in shell— | |
( | 1s. per great hundred. |
| 1s. 6d. per great hundred. |
| 1s. 9d. per great hundred. |
Condensed milk, whole, sweetened............................... |
|
Condensed milk, whole, not sweetened......................... | 6s. per cwt. |
Milk powder and other preserved milk, not sweetened. | 6s. per cwt. |
Honey............................................................................. | 7s. per cwt. |
| 2d. per lb. |
Oranges, raw.................................................................. | 3s. 6d. per cwt. from 1st April to 30th November. |
Grape Fruit, raw............................................................. | 5s. per cwt. from 1st April to 30th November. |
Grapes (other than hot house)........................................ | per lb. from 1st February to 30th June. |
SCHEDULE C.
COMMONWEALTH OF AUSTRALIA.
Margin of Preference. | |
Wine not exceeding 27 degrees of proof spirit.......................... | 2s. per gallon. |
The Schedule—
SCHEDULE D.
COMMONWEALTH OF AUSTRALIA.
Leather.
Tallow.
Canned Meat.
Zinc.
Lead.
Barley.
Wheat Flour.
Macaroni.
Dried Peas.
Dressed Poultry.
Casein.
Eucalyptus Oil.
Meat Extracts and Essences.
Copra.
Sugar of Milk.
Sausage Casings.
Wattle Bark.
Asbestos.
Dried Fruits, other than Currants, not specified in Schedule B.
SCHEDULE E.
COMMONWEALTH OF AUSTRALIA.
| |
| 1d. per pound. |
(2) The Bahamas. | |
|
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| 15% ad valorem. |
(3) Barbados, British Guiana, Trinidad. | |
| |
Not exceeding the strength of proof........................................ | 5s per gallon. |
Exceeding the strength of proof.............................................. | 5s. per proof gallon. |
(4) Barbados, Jamaica and Trinidad. | |
| 10% ad valorem (or the equivalent specific rate). |
(5) Bermuda. | |
| 15% ad valorem. |
| 15% ad valorem. |
(6) British Guiana and Trinidad. | |
| |
Sparkling................................................................................. | 5s. per gallon. |
Other, in bottle......................................................................... | 2s. per gallon. |
Other, in wood......................................................................... | 1s. 6d. per gallon. |
(7) Jamaica. | |
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In bulk...................................................................................... | 2s. 1d. per 100 pounds. |
Otherwise packed.................................................................... | 1d. per pound. |
| 15% ad valorem. |
| 15% ad valorem. |
| 15% ad valorem. |
The
Schedule—
Schedule E.—
(8) Ceylon. | |
| 10% ad valorem. |
| 10% ad valorem. |
| Rs. 3.50 per gallon. |
| 15% ad valorem. |
| 10% ad valorem. |
| 10% ad valorem. |
| 10% ad valorem. |
| |
Sparkling....................................................................................... | Rs. 1.50 per gallon. |
Other.............................................................................................. | Rs. 1 per gallon |
(9) Cyprus. | |
| One-third of the duty in lieu of one-sixth. |
(10) The Federated and Unfederated Malay States. | |
| Margin of Preference. (In the case of articles at present free of duty, so soon as it is possible to institute duties thereon.) |
|
|
| 4 cents per pound. |
| 15% ad valorem. |
| 10% ad valorem. |
| 10% ad valorem. |
| |
Sparkling....................................................................................... | $1 per gallon. |
Other.............................................................................................. | 60 cents per gallon. |
(11) Hong Kong. | |
| A margin of preference to be determined later. |
(12) Malta. | |
| 10% ad valorem. |
| 1s. per litre. |
| 2s. per 100 kilograms. |
| 10% ad valorem. |
(13) Mauritius. | |
| 5 rupees per 100 kilograms. |
| 10% ad valorem. |
(14) Straits Settlements. | |
|
|
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Sparkling....................................................................................... | $1 per gallon. |
Other.............................................................................................. | 60 cents per gallon. |
SCHEDULE F.
COMMONWEALTH OF AUSTRALIA.
Part I.
Subject to the exceptions enumerated in Part II., goods produced or manufactured in the United Kingdom and imported into the Commonwealth of Australia shall, on compliance with the regulations for the time being in force governing the entry of goods at preferential rates of duty, enjoy preferences in accordance with the following formula:—
(
a ) When goods the produce or manufacture of the United Kingdom are free of duty, or are liable to duties of customs not exceeding nineteen per cent. ad valorem, the difference between the British Preferential Tariff rate and the rate upon similar goods from the most favoured foreign country shall be at least fifteen per cent. ad valorem.
The Schedule—
Schedule F.—
Part
I.—
(
b ) When goods the produce or manufacture of the United Kingdom are liable to duties of customs exceeding nineteen per cent. ad valorem, and not exceeding twenty-nine per cent. ad valorem, the difference between the British Preferential Tariff rate and the rate upon similar goods from the most favoured foreign country shall be at least seventeen and one half per cent. ad valorem.(
c ) When goods the produce or manufacture of the United Kingdom are liable to duties of customs exceeding twenty-nine per cent. ad valorem, the difference between the British Preferential Tariff rate and the rate upon similar goods from the most favoured foreign country shall be at least twenty per cent. ad valorem, provided that in no case shall this margin be applied so as to result in a rate of duty exceeding seventy-five per cent. ad valorem.
Part II.
Tariff Item. | Goods. | Minimum margin of preference to be accorded. |
Ex. 105 (e) (1) |
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| Waste, Engine cleaning | |
| Waste, Axle | |
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The Schedule—
Schedule
F.—
Part II.—
Tariff Item. | Goods. | Minimum margin of preference to be accorded. |
|
| Twenty per cent. ad valorem |
|
| Twenty per cent. ad valorem |
|
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| Glass, viz.:— | |
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| Medicines:— | |
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| Cards, playing, in sheet or cut.......................... | Three shillings per dozen packs |
| Vacuum Cleaners for use in the household....... | Twenty per cent. ad valorem |
| Explosives, n.e.i. |
The Schedule—
Schedule F.—
Part III.
Tariff Item. | Goods. | Maximum Amount of Reduction in Preference. |
|
| Two and one half per cent. ad valorem |
|
| Five per cent. ad valorem |
|
| Five per cent. ad valorem |
|
| Five per cent. ad valorem |
|
| Five per cent. ad valorem |
|
| Five per cent. ad valorem |
|
| Five per cent. ad valorem |
|
| Five per cent. ad valorem |
| Glassware, n.e.i....................................................... | Five per cent. ad valorem |
|
| Five per cent. ad valorem |
|
| Five per cent. ad valorem |
|
| Five per cent. ad valorem |
| Fancy Goods, n.e.i................................................. | Five per cent. ad valorem |
The Schedule—
SCHEDULE G.
commonwealth of australia.
Commodities. | Margin of Preference. |
Asphalt. Bitumen and Natural Pitch.................................................... | 10% ad valorem. |
Dry Gums, viz.—................................................................................ | 15% ad valorem. |
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Essential Oils, viz.—........................................................................... | 15% ad valorem. |
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Bananas............................................................................................... |
|
Cocoa, raw........................................................................................... | per pound. |
Fruit Juices.......................................................................................... | 3d. per gallon. |
Fruits (preserved in liquid, or partly preserved, or pulped)— | |
| 6d. per dozen. |
| 1s. per dozen. |
| 2s. per dozen. |
| 4s. per dozen. |
| 1s. 3d. per gallon. |
Cocoanuts, whole................................................................................ | 1s. per cwt. |
Plumbago and Graphite....................................................................... | 15% ad valorem. |
Sago and Tapioca................................................................................. | 15% ad valorem. |
Spirits, viz.— | |
| |
| 5s. per gallon. |
| 5s. per proof gallon. |
| |
| 5s. per gallon. |
| 5s. per proof gallon. |
Sponges............................................................................................... | 15% ad valorem. |
Timber, viz.— | |
| 20% ad valorem. |
| 6d. per pound. |
Tobacco, manufactured........................................................................ | 1s. per pound. |
Cigars | 2s. per pound. |
The Schedule—
Schedule G.—continued.
Commodities. | Margin of Preference. |
Unground Spices, viz.—...................................... | 15% ad valorem. |
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SCHEDULE H.
AUSTRALIA.
Declaration by United Kingdom Government.
(
a ) arranging for the regulation of the importation of foreign meat in accordance with a programme (hereinafter referred to as the “agreed programme”) agreed between His Majesty’s Government in the United Kingdom and His Majesty’s Government in the Commonwealth of Australia and including within its scope Frozen Mutton and Lamb, Frozen Beef and Chilled Beef;(
b ) arranging, as soon as possible after receiving the Report of the Commission now sitting on the re-organization of the Pig Industry in the United Kingdom, for the quantitative regulation of the supplies of bacon and hams coming on to the United Kingdom market;(
c ) undertaking that no restriction will be placed upon the importation of any meat from Australia during the period named in the agreed programme referred to in Section 5 (a ) of this Declaration.
The Schedule—
Schedule
H—
(
a ) to arrange for the continuance, unless otherwise agreed between the Governments concerned, of the regulation of the imports of foreign meat at the rates in force at the end of the period named in the agreed programme”(
b ) in any action affecting the imports of meat into the United Kingdom which the United Kingdom Government may take on behalf of United Kingdom agriculture, to have regard to the policy set out in Section 4 hereof.
STATEMENT SHOWING THE MAXIMUM QUANTITIES OP FOREIGN MEAT TO BE ALLOWED TO BE IMPORTED INTO THE UNITED KINGDOM DURING EACH QUARTER OF THE PERIOD 1st JANUARY, 1933, TO 30th JUNE, 1934, EXPRESSED AS PERCENTAGES OF THE QUANTITIES IMPORTED IN THE CORRESPONDING QUARTERS OF THE TWELVE MONTHS ENDED 30th JUNE, 1932.
Meat. | 1933. | 1934. | ||||
Jan.-Mar. | Apr.-Jne. | Jly.-Sept. | Oct.-Dec. | Jan.-Mar. | Apr.-June. | |
Frozen Mutton and Lamb................. | 90 | 85 | 80 | 75 | 70 | 65 |
Frozen Beef (Car-cases and Boned Beef) | 90 | 85 | 80 | 75 | 70 | 66 |
Chilled Beef.......... | 100 | 100 | 100 | 100 | 100 | 100 |
N.B.—His Majesty’s Government in the Commonwealth of Australia, recognizing the inter-relation of all meat products, and that the object of the above regulation of imports into the United Kingdom is to raise the price level of frozen meat, undertakes to use its best endeavours to ensure that during the year 1933, the exports of frozen beef from Australia to the United Kingdom shall not be increased to an extent exceeding 10 per cent. of the quantities exported for the year ending 30th June, 1932.
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