Customs Amendment Act 1983

Overview

The Customs Amendment Act 1983 was enacted to address gaps and issues in the Customs Act 1901. This Act, passed by the Parliament of Australia and assented to by the Queen on 14 June 1983, provides amendments to the Customs Act 1901 to enhance the administration and enforcement of customs regulations. The Customs Amendment Act 1983 introduces provisions for commercial tariff concession orders, allowing the Minister to grant tariff reductions on imported goods where similar goods are not produced in Australia or cannot be produced domestically in the normal course of business. The policy objective is to support Australian industries by providing tariff protection where necessary, while also considering the national interest and international obligations.

Scope and Application

The Customs Amendment Act 1983 is a Commonwealth Act that amends the Customs Act 1901, which is the principal Act governing the administration and enforcement of customs duties and regulations in Australia. The amendment Act applies to persons and entities engaged in the importation and exportation of goods in Australia, as well as industries and conduct related to customs and trade. The geographic and jurisdictional reach of the Act is national, applying to the entire Commonwealth of Australia. The Act introduces specific amendments to the Customs Act 1901, including modifications to the interpretation of when goods are deemed to be imported into Australia and the introduction of new provisions concerning Commercial Tariff Concession Orders. These orders are intended for goods for which there is no Australian production or capability to produce domestically, and they allow for tariff concessions to encourage competition and protect Australian industries from unfair foreign competition. The Act also outlines the criteria for determining whether goods are produced in Australia and the circumstances under which concession orders may be refused or revoked. The Act does not explicitly state any exclusions or exemptions but does allow the Minister to refuse or revoke concession orders under certain conditions, such as when they would adversely affect the Australian market or national interest, or contravene international agreements. The application and scope of the Act may be extended or restricted through subordinate instruments, such as regulations and directions made by the Minister under the authority of the Act.

Key Provisions

• The Customs Amendment Act 1983 amends the Customs Act 1901 by introducing several new provisions and modifications. Section 3 of the Act amends Section 151 of the Principal Act to include Papua New Guinea alongside Australia in paragraphs (5)(b) and (6)(b). This change affects the classification of goods as the produce or manufacture of a particular country. Section 4 amends Section 265 of the Principal Act by introducing a new sub-section (2) that clarifies the treatment of goods imported before the commencement of a new year but entered for home consumption during that year. These goods are deemed to have been imported during the year they are entered for home consumption.
• The Act introduces a new Part XVa, which deals with Commercial Tariff Concession Orders. Section 269b outlines definitions pertinent to this part, such as "application," "concession order," "particular goods," and "prescribed item." This section also stipulates conditions for determining when goods are considered to serve similar functions and when they are deemed to have been produced in Australia. Section 269c details the circumstances under which the Minister can make a concession order, including the necessity that goods serving similar functions are not produced in Australia and cannot be produced by any person in the normal course of business.
• Parties subject to the Act, such as applicants and the Minister, have specific obligations. Applicants must submit written applications for concession orders, specifying particulars as prescribed (Section 269g). The Minister must consider these applications, take into account any objections submitted in response to a published notice (Section 269l), and publish any concession orders made in the Gazette (Section 269m). The Minister also has discretion to refuse to make certain concession orders if they would adversely affect the Australian market or not be in the national interest (Section 269e). Any party whose interests are affected by a Minister’s decision regarding a concession order can request a referral to the Industries Assistance Commission (Section 269r).
• Breaches of the provisions in this Act may lead to civil or criminal consequences. While the Act does not explicitly detail specific penalties, violations of customs regulations typically fall under the broader framework of the Customs Act 1901, where penalties can include fines and imprisonment. For example, under Section 210 of the Principal Act, a person found guilty of a customs offence can be fined up to 10,000 penalty units or imprisoned for up to five years, or both, for serious offences. The exact penalties would depend on the specific nature of the breach and the provisions of the broader customs legislation.

Legal classification tags

Area of Law

Customs Law

Instrument

Act

Concepts

Commencement Provisions

Repeal & Amendment

Licensing & Registration

Prohibited Conduct