CUSTOMS.
No. 54 of 1947.
An Act to amend the Customs Act 1901–1936.
[Assented to 13th November, 1947.]
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 1947.
(2.) The Customs Act 1901–1936 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 1901–1947.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Australian currency.
3. Section one hundred and thirty-seven of the Principal Act is amended by omitting the word “British” and inserting in its stead the word “Australian”.
Value for duty, how ascertained.
4. Section one hundred and fifty-four of the Principal Act is amended—
(a) by adding at the end of paragraph (a) of sub-section (1.) the word “and”;
(b) by omitting from paragraph (b) of sub-section (1.) the word “and”; and
(c) by omitting paragraph (c) of sub-section (1.).
5. Section one hundred and fifty-seven of the Principal Act is repealed and the following section inserted in its stead :—
Value for duty to be in Australian currency.
“157.—(1.) Where any amount which is, under any other provision of this Act, required to be taken into account for the purpose of ascertaining the value for duty of any goods is not an amount in Australian currency, the amount to be so taken into account shall be the equivalent in Australian currency of that amount, ascertained according to a fair rate of exchange at the date of exportation of the goods.
“(2.) For the purposes of this section, the Minister may, where he considers it desirable so to do for the avoidance of doubt, specify, by notice published in the Gazette, a rate which is to be deemed to be, or to have been, a fair rate of exchange in relation to any currency—
(a) on a date, or during a period, preceding the date of publication of the notice; or
(b) from the date of publication of the notice, or an earlier date specified in the notice, until the revocation of the notice.
“(3.) The rate of exchange specified in relation to any currency in pursuance of the last preceding sub-section shall, in relation to the value for duty of any goods exported on the date or during the period to which the rate so specified applies, be the rate of exchange which shall be applied for the purposes of sub-section (1.) of this section in respect of the currency specified in the notice.
“(4.) In any case in which the rate of exchange to be applied is not ascertained by virtue of the last preceding sub-section, and in which doubt exists as to that rate, the Minister may specify a fair rate of exchange to be applied for the purposes of the particular case.”.
Overview
The Customs Act 1947 was enacted by the Commonwealth Parliament to amend the Customs Act 1901–1936, addressing the need to update the legislation in light of changes in the Australian economic environment and the adoption of the Australian currency. The Act, which received royal assent on 13 November 1947, modifies the original Act to reflect contemporary economic realities and ensures that customs duties and other financial requirements under the Act are calculated in Australian currency. This update facilitates clearer and more accurate financial transactions within the framework of the customs legislation, contributing to the smooth operation of customs processes and the administration of duties.
Scope and Application
The Customs Act 1947 applies to the Commonwealth of Australia and amends the Customs Act 1901–1936, which is now referred to as the Principal Act and collectively known as the Customs Act 1901–1947 when considered with the amendments. The Act is concerned with the valuation of goods for customs duty purposes and the application of Australian currency in these calculations. It applies to any transactions involving the importation or exportation of goods where the value of these goods must be determined for duty purposes. The Act specifically addresses the conversion of foreign currencies into Australian currency at a fair rate of exchange to ensure accurate duty calculations. The Minister is empowered to specify rates of exchange to be applied, either generally or in specific cases, to avoid ambiguity and ensure consistency in the application of the Act. This legislative framework is applicable across the nation, influencing various industries and entities involved in international trade, ensuring compliance with Australian customs regulations.
Key Provisions
The Customs Act 1947 amends the Customs Act 1901–1936, primarily by replacing references to British currency with Australian currency and modifying the valuation methods for customs duty. Section 3 of the Act alters section one hundred and thirty-seven of the Principal Act, replacing the term "British" with "Australian," thus formalising the shift to the nation's own currency. Additionally, section 4 amends section one hundred and fifty-four of the Principal Act to refine the methods for ascertaining the value for duty of goods. Section 5 of the Act repeals section one hundred and fifty-seven of the Principal Act and introduces a new section that mandates the value for duty to be calculated in Australian currency. It specifies that if the value of goods is not in Australian currency, the equivalent in Australian currency must be determined using a fair exchange rate at the date of exportation.
The Act imposes specific obligations on entities involved in the import and export of goods. Firstly, it mandates that all currency values related to the valuation of goods for customs duty must be converted into Australian currency using a fair exchange rate. The Minister has the authority to specify a fair exchange rate through a notice published in the Gazette, which can apply retroactively or from a specified future date until revoked. This ensures clarity and avoids disputes over currency conversion rates. Importers, exporters, and other relevant parties must ensure that they comply with these currency conversion requirements when declaring the value of goods for customs purposes.
Failure to comply with the provisions of the Customs Act 1947 can result in various civil and criminal consequences. Although the specific penalties are not detailed within the Act itself, breaches of customs laws generally can lead to financial penalties, confiscation of goods, and potential criminal charges. The severity of the penalty may depend on the nature and extent of the non-compliance. For example, deliberate misdeclaration of the value of goods can be considered an offence under the Crimes Act 1914, leading to fines and imprisonment. Therefore, it is crucial for all parties to adhere strictly to the requirements set forth in the Act to avoid these potential repercussions.