CUSTOMS TARIFF.
No. 22 of 1962.
An Act to amend section thirteen of the Customs Tariff 1933–1961.
[Assented to 17th April, 1962.
BE it enacted by the Queen’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 Tariff 1962.
(2.) The Customs Tariff 1933–1961, as amended by this Act, may be cited as the Customs Tariff 1933–1962.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Temporary duties
3.—(1.) Section thirteen of the Customs Tariff 1933–1961 is amended by omitting from sub-section (2.) the words “sub-section (7.) of section seventeen a of the Tariff Board Act 1921–1960” and inserting in their stead the words “sub-section (4.) of section eighteen e of the Tariff Board Act 1921–1962”.
(2.) Notwithstanding the amendment made by the last preceding sub-section, sub-section (2.) of section thirteen of the Customs Tariff 1933–1961 continues to apply to and in relation to a notification in the Gazette referred to in that sub-section published after the commencement of this Act in pursuance of sub-section (2.) of section fourteen of the Tariff Board Act 1962.
Overview
The Customs Tariff 1962 was enacted to address the need for amendments to the Customs Tariff 1933–1961. This Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as evidenced by its assent on 17th April 1962. The primary objective of this legislation was to modify section thirteen of the Customs Tariff 1933–1961 by replacing the reference to a particular subsection of the Tariff Board Act 1921–1960 with a new reference to the Tariff Board Act 1921–1962. This adjustment ensures that the tariff aligns with the updated legislative framework and maintains the integrity of the customs duty system.
Scope and Application
The Customs Tariff 1962 applies to the amendment of section thirteen of the Customs Tariff 1933–1961, specifically modifying the reference to a subsection within the Tariff Board Act 1921–1962. The Act operates on a national level throughout the Commonwealth of Australia, impacting entities involved in the importation and exportation of goods, as well as those who rely on the Customs Tariff for compliance and regulatory purposes. This includes businesses, importers, exporters, and any other individuals or entities engaged in trade activities that are subject to customs duties and tariffs. The Act’s amendments ensure that the Customs Tariff reflects the most current legislative references, maintaining alignment with other relevant acts such as the Tariff Board Act 1962. Notably, the Act does not introduce new duties or alter existing tariffs but instead makes technical corrections to ensure legal consistency. The geographic reach of this Act is nationwide, applying uniformly across all states and territories within Australia. The Act does not explicitly provide for exclusions or exemptions, implying that its provisions apply broadly to all relevant entities unless otherwise specified by subordinate instruments or related legislation.
Key Provisions
The Customs Tariff 1962 (Act No. 22 of 1962) amends section thirteen of the Customs Tariff 1933–1961 by modifying the reference to the Tariff Board Act from subsection (7.) of section seventeen a to subsection (4.) of section eighteen e of the Tariff Board Act 1921–1962. The amended Customs Tariff is now referred to as the Customs Tariff 1933–1962. This Act is designed to update and streamline the application of temporary duties as prescribed under the relevant sections of the Tariff Board Act. Notably, the changes will apply to notifications published in the Gazette after the Act's commencement, ensuring that the amendments do not retroactively affect prior notifications.
The Act imposes specific obligations on parties and entities involved in customs and tariff regulations. These entities must now comply with the updated references in section thirteen of the Customs Tariff 1933–1962, ensuring that their practices align with the new legislative framework. The amendment necessitates that all future notifications in the Gazette must adhere to the revised subsections outlined in the Tariff Board Act 1921–1962. This ensures consistency and clarity in the application of temporary duties, thereby facilitating smoother operations within the customs and tariff system.
In terms of consequences for non-compliance, the Act does not explicitly outline specific offences or penalties within its text. However, breaches of customs and tariff regulations generally carry significant civil and criminal penalties under broader legislation. These can include substantial fines, imprisonment, or both, depending on the severity and intent behind the non-compliance. The precise penalties would be determined under the relevant sections of the Customs Act 1901 or other related legislation, which may impose maximum penalties for serious breaches. It is therefore crucial for all parties to ensure strict adherence to the updated provisions to avoid potential legal repercussions.