Customs Act 1920

Legislation au C1920A00041 Not in force Act

Legislation content

CUSTOMS.

 

No. 41 of 1920.

An Act to amend the Customs Act 1901–1916.

[Assented to 10th November, 1920.]

BE it enacted by the King’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 Act 1920.

(2.) The Customs Act 1901–1916 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Customs Act 1901–1920.

Commencement.

2. This Act shall commence on a day to be fixed by Proclamation.

Definitions.

3. Section four of the Principal Act is amended—

(a) by inserting therein, after the definition of “Answer questions”, the following definition:—

“‘Bank rate of exchange’ means the rate of exchange on Loudon at which commercial transactions are settled between two countries.”;

(b) by inserting therein, after the definition of “Master”, the following definition:—

“‘Mint par rate of exchange’ means the standard value of the coins of any country as compared with the pound sterling in gold coin.”; and

(c) by inserting therein, after the definition of “Smuggling”, the following definition:—

“‘The Board’ means the Commonwealth Board of Trade.”.

4. After section one hundred and fifty-seven of the Principal Act the following sections are inserted:—

Reference to Board of decline in bank rate of exchange.

“157a.—(1.) When the bank rate of exchange of any country is more than ten per centum above or below the mint par rate of exchange, the Minister shall refer to the Board the question whether the bank rate of exchange should be used as the basis of the computation of the value for duty of goods imported from that country.

“(2.) Upon receipt of a reference made in pursuance of the last preceding sub-section the Board may recommend to the Minister that the bank rate of exchange be used as the basis of the computation of the value for duty of goods imported from the country specified in the reference:


Provided that the Board shall not make a recommendation under this sub-section which, if adopted, would, in its opinion, be prejudicial to—

(a) the manufacture of goods in Australia or the sale in Australia of those goods; or

(b) any preference given to goods imported from the United Kingdom.

Direction that back rate of exchange be used in computing value for duty.

“157b. Upon the receipt by the Minister of a recommendation made in pursuance of the last preceding section the Minister shall direct that the bank rate of exchange shall be used as the basis of computation of the value for duty of all goods imported from the country in respect of which the recommendation is made, and thereupon, notwithstanding anything contained in this Act, the value for duty of those goods shall be so computed accordingly.

Recommendation that mint par rate of exchange be adopted in certain cases.

“157c. If at any time the Board is of opinion that goods of any class or description, produced or manufactured in any country in respect of which a recommendation has been made under section one hundred and fifty-seven a of this Act, are being imported into or are being sold or offered for sale in Australia, in substantial quantities, at prices below the fair market value for home consumption at the date of shipment of similar goods in the United Kingdom or Australia, and that the production or manufacture of similar goods in Australia or the United Kingdom is, or is likely to be, thereby adversely affected, the Board may recommend to the Minister that the value for duty of such goods be computed on the mint par rate of exchange, and, upon the receipt by the Minister of such recommendation, he shall direct that the value for duty of such goods shall be computed on the mint par rate of exchange.

Further reference by Minister.

“157d.—(1.) Where the Board has made a recommendation in pursuance of section one hundred and fifty-seven a of this Act, the Minister may, at any time refer to the Board for report the question whether the value for duty of the goods, or of any class or description of goods, imported from the country in respect of which the recommendation was made, should continue to be computed on the basis of the bank rate of exchange.

(2.) Upon the receipt by the Minister of a report made by the Board under this section that the value for duty of the goods or of any class or description of goods, should not continue to be computed on the basis of the bank rate of exchange, the Minister shall direct that the value for duty of those goods, or that class or description of goods, shall be computed as if no direction had been given in pursuance of section one hundred and fifty-seven b of this Act.

Powers of Board.

“157e. For the purposes of the last four preceding sections, the Board shall have all the powers conferred, by the Royal Commissions Act 1902–1912, upon a Royal Commission, and the provisions of that Act shall apply in like manner as if the Board were a Royal Commission and the president of the Board were the chairman of a Royal Commission.


Directions to be gazetted and tabled in Parliament.

“157f. Any direction issued by the Minister in pursuance of section one hundred and fifty-seven b, one hundred and fifty-seven c, or one hundred and fifty-seven d of the Act shall—

(a) be published in the Gazette;

(b) take effect from the date of publication or from a date specified in the direction; and

(c) be laid before both Houses of the Parliament within seven days after the date of publication or, if the Parliament is not then sitting, then within seven days after the next meeting of the Parliament;

but if either House of the Parliament passes a resolution, of which notice has been given at any time within fifteen sitting days after the direction has been laid before that House, disallowing the direction, the direction shall thereupon cease to have effect.”

 

Overview

The Customs Act 1920 was enacted by the Parliament of the Commonwealth of Australia to amend the existing Customs Act 1901–1916, thereby addressing issues related to the computation of the value for duty on imported goods. The Act introduces specific provisions to manage exchange rates, ensuring that the value for duty calculations reflect the economic realities of international trade while protecting local industries. The Customs Act 1920 aims to regulate the computation of the value for duty based on the bank rate of exchange or the mint par rate of exchange, depending on the circumstances, and involves the Commonwealth Board of Trade in making recommendations to the Minister regarding these rates. The Customs Act 1920 establishes a structured process where the Minister refers matters to the Board concerning the bank rate of exchange, which then assesses the potential impact on Australian manufacturing and trade preferences. The Board has the authority to recommend the use of the bank rate or the mint par rate for computing the value for duty, and the Minister must follow these recommendations, subject to parliamentary oversight. This legislative framework seeks to balance international trade with the protection of domestic industries and consumer interests.

Scope and Application

The Customs Act 1920 amends the Customs Act 1901–1916 and introduces various provisions that govern the assessment of the value for duty of imported goods based on exchange rates. This Act applies to the Minister for Home Affairs, the Commonwealth Board of Trade, and to the calculation of customs duties on goods imported into Australia. The scope of this Act is national, as it pertains to the Commonwealth of Australia, thereby affecting entities and industries involved in the importation of goods into the country. It does not explicitly exclude any particular person, entity, industry, or type of conduct from its application. The Act extends its application through subordinate instruments such as directions issued by the Minister, which are subject to parliamentary oversight and may be disallowed by either House of Parliament. These directions are intended to ensure transparency and accountability in the application of the Act.

Key Provisions

The Customs Act 1920 introduces several key provisions primarily focused on the computation of the value for duty of goods imported into Australia. Section 157a requires the Minister to refer to the Board (the Commonwealth Board of Trade) when the bank rate of exchange for any country is more than ten per centum above or below the mint par rate of exchange. This referral prompts the Board to consider whether the bank rate should be used as the basis for computing the value for duty of imported goods. Section 157b mandates that if the Board recommends the use of the bank rate, the Minister must issue a direction that the value for duty of goods from the specified country be computed on that basis. This computation must then be followed regardless of other provisions in the Act. Section 157c allows the Board to recommend that the mint par rate of exchange be used if it determines that imported goods are being sold at prices below the fair market value, adversely affecting local or UK production. Section 157d permits the Minister to refer back to the Board for a report on whether the bank rate should continue to be used as the basis for computing the value for duty, and if the Board advises against it, the Minister must adjust the computation accordingly. The Act imposes specific obligations on the Minister and the Board. The Minister is required to refer to the Board when significant deviations in the bank rate of exchange occur, as per section 157a. Additionally, the Minister must act on the Board's recommendations, directing the computation of the value for duty on the bank rate or mint par rate as advised, as outlined in sections 157b and 157d. The Board, in turn, must exercise its powers to make informed recommendations, taking into account the potential impact on Australian manufacturing and sales, as well as preferences for UK goods. The Board's recommendations must not prejudice Australian or UK industries, as stipulated in section 157b. The Minister's directions must be published in the Gazette, take effect from the specified date, and be tabled in Parliament, with the possibility of disallowance by either House, as detailed in section 157f. Breaches of the provisions outlined in this Act can lead to civil or criminal consequences. For instance, if a Minister fails to refer to the Board when required or does not act on the Board's recommendations, this could be seen as a failure to comply with the Act's directives. Such non-compliance might result in the value for duty being miscalculated, potentially leading to financial losses or unfair trade advantages. However, the Act does not explicitly state penalties for such breaches. Instead, any misuse of the Board's recommendations or the Minister's directions might be subject to scrutiny under general administrative law principles, which could include judicial review or other corrective measures.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.