Customs Tariff Amendment Act (No. 1) 2001

Administered by Department of Home Affairs

Legislation au C2004A00790 In force Act

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Customs Tariff Amendment Act (No. 1) 2001

 

No. 26, 2001

 

 

 

 

Customs Tariff Amendment Act (No. 1) 2001

 

No. 26, 2001

 

 

 

 

An Act to amend the Customs Tariff Act 1995, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendment of the Customs Tariff Act 1995

Part 1—Amendments having effect on and from 1 July 2000

Part 2—Amendment having effect on and from 4 July 2000

Part 3—Amendment having effect on and from 14 August 2000

Part 4—Amendment having effect on and from 1 September 2000

 

Customs Tariff Amendment Act (No. 1) 2001

No. 26, 2001

 

 

 

An Act to amend the Customs Tariff Act 1995, and for related purposes

[Assented to 6 April 2001]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Customs Tariff Amendment Act (No. 1) 2001.

2  Commencement

 (1) Subject to subsections (2), (3), (4) and (5), this Act commences on the day on which it receives the Royal Assent.

 (2) The amendments of the Customs Tariff Act 1995 made by items 1 to 7 of Schedule 1 to this Act are taken to have commenced on 1 July 2000.

 (3) The amendment of the Customs Tariff Act 1995 made by item 8 of Schedule 1 to this Act is taken to have commenced on 4 July 2000.

 (4) The amendment of the Customs Tariff Act 1995 made by item 9 of Schedule 1 to this Act is taken to have commenced on 14 August 2000.

 (5) The amendment of the Customs Tariff Act 1995 made by item 10 of Schedule 1 to this Act is taken to have commenced on 1 September 2000.

3  Schedule(s)

  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1Amendment of the Customs Tariff Act 1995

Part 1—Amendments having effect on and from 1 July 2000

1  Division 1 of Part 2 of Schedule 1

Repeal the following country names and abbreviations:

Angola

Madagascar

ANGO

MASY

 

 

2  Division 1 of Part 3 of Schedule 1

Repeal the following country name and abbreviation:

Zaire

ZAIR

 

 

3  Division 1 of Part 3 of Schedule 1

Insert the following country names and abbreviations:

Angola

Congo, Democratic Republic of

Madagascar

ANGO

ZAIR

 

MASY

 

 

4  The rates of duty in column 3 of each of the headings or subheadings in Schedule 3 included in the list below:

Repeal the rates, substitute:

 

 

Free

 

LIST

2905.12.00

2915.60.00

4011.30.00

4014.10.00

7013.10.00

8211.93.00

8407.21.00

8419.60.00

8475.21.00

8506.10.00

8506.40.00

8506.50.00

8509.30.00

8509.40.00

8509.80.00

8510.20.00

8516.50.00

8528.21.00

8528.30.00

8539.21.00

9008.40.00

9010.10.00

9010.50.10

9010.50.20

9503.10.00

9503.20.00

9503.80.00

9506.11.00

9617.00.00

 

 

 

5  Subheadings 8520.32 to 8520.32.90 of Schedule 3

Repeal the subheadings, substitute:

8520.32.00

Digital audio type

Free

6  The list of subheadings in item 36 in Part III of Schedule 4

Repeal the following subheading:

2905.12.00

7  The description of goods in column 2 of item 54 in Part III of Schedule 4

Repeal the description, substitute:

 

Goods imported under the Textiles, Clothing and Footwear Import Credit Scheme and entered for home consumption on or before 30 December 2001, as prescribed by bylaw

 


Part 2—Amendment having effect on and from 4 July 2000

8  Item 17 in Part II of Schedule 4

Repeal the item, substitute:

 

17

 

Goods:

(a) produced in Australia, that have been exported from Australia and returned in an unaltered condition, being goods which have not been subjected to treatment, repair, renovation, alteration or any other process; or

(b) on which duties of the Commonwealth were paid when first imported into Australia, that have been exported from Australia and are returned in an unaltered condition, being goods which have not been subjected to treatment, repair, renovation, alteration or any other process, not being goods in respect of which:

 (i) any duties of the Commonwealth were payable at or prior to the date of exportation but which have not been paid; or

(ii) drawback or refund of any duties of the Commonwealth was paid and an amount equal to such drawback or refund has not been paid to the Commonwealth; or

Free

 

(c) which, when first imported into Australia, were entered for home consumption under item 41A in Part III of Schedule 4 to the Customs Tariff Act 1995 and export credits were used in calculating the amount of duty, that have been exported from Australia and are returned in an unaltered condition, being goods which have not been subjected to treatment, repair, renovation, alteration or any other process, not being goods in respect of which:

 (i) any duties of the Commonwealth were payable at or prior to the date of exportation but which have not been paid; or

 (ii) drawback or refund of any duties of the Commonwealth was paid and an amount equal to such drawback or refund has not been paid to the Commonwealth; or

 (iii) reinstatement of export credits was made and an amount equal to the value of the export credits has not been paid to the Commonwealth; or

 (iv) reinstatement of export credits was made and has not been reversed; or

(d) which, when first imported into Australia, were entered for home consumption under item 54 in Part III of Schedule 4 to the Customs Tariff Act 1995 and import credits were used in calculating the amount of duty, that have been exported from Australia and are returned in an unaltered condition, being goods which have not been subjected to treatment, repair, renovation, alteration or any other process, not being goods in respect of which:

 (i) any duties of the Commonwealth were payable at or prior to the date of exportation but which have not been paid; or

 (ii) drawback or refund of any duties of the Commonwealth was paid and an amount equal to such drawback or refund has not been paid to the Commonwealth; or

 (iii) reinstatement of import credits was made and an amount equal to the value of the import credits has not been paid to the Commonwealth; or

 (iv) reinstatement of import credits was made and has not been reversed.

Exception

This item does not apply to goods covered by item 17A of this Schedule.

 

17A

 

Goods produced in Australia, that have been exported from Australia and returned in an unaltered condition, being goods which have not been subjected to treatment, repair, renovation, alteration or any other process, which contain components of the following kind:

(a) components that were previously imported by the holder of a Tradex Order (in force under the Tradex Scheme Act 1999) in which the components were specified; or

(b) components that were previously imported under the Manufacturing in Bond Scheme

For each component or part of goods previously imported under the Tradex Scheme Act 1999 or the Manufacturing in Bond Scheme on which duty was not payable:

The rate in relation to each component or part of goods is the rate assessed in accordance with Part 2 of this Act

NZ/PNG/FI/DC/DCS/DCT: The rate in relation to each component or part of goods is the rate assessed in accordance with Part 2 of this Act

 

In relation to each of the remaining components or part of goods: Free


Part 3—Amendment having effect on and from 14 August 2000

9  Items 17 and 17A in Part II of Schedule 4

Repeal the items, substitute:

 

17

 

Goods:

(a) produced in Australia, that have been exported from Australia and returned in an unaltered condition, being goods that have not been subjected to treatment, repair, renovation, alteration or any other process, and not being:

 (i) goods that, at a time before they were exported, were excisable goods (within the meaning of the Excise Act 1901) in respect of which excise duty (payable under the Excise Tariff Act 1921) has not been paid; or

 (ii) goods in respect of which drawback or refund of any duties of the Commonwealth was paid and an amount equal to such drawback or refund has not been paid to the Commonwealth; or

(b) on which duties of the Commonwealth were paid when first imported into Australia, that have been exported from Australia and are returned in an unaltered condition, being goods that have not been subjected to treatment, repair, renovation, alteration or any other process, and not being goods in respect of which:

 (i) any duties of the Commonwealth were payable at or prior to the date of exportation but which have not been paid; or

 (ii) drawback or refund of any duties of the Commonwealth was paid and an amount equal to such drawback or refund has not been paid to the Commonwealth; or

 

Free

 

(c) which, when first imported into Australia, were entered for home consumption under item 41A of Part III of Schedule 4 to this Act with export credits used in calculating the rate of duty, that have been exported from Australia and that are returned in an unaltered condition, being goods that have not been subjected to treatment, repair, renovation, alteration or any other process, and not being goods in respect of which:

 (i) any duties of the Commonwealth were payable at or prior to the date of exportation but which have not been paid; or

 (ii) drawback or refund of any duties of the Commonwealth was paid and an amount equal to such drawback or refund has not been paid to the Commonwealth; or

 (iii) reinstatement of export credits was made and an amount equal to the value of the export credits has not been paid to the Commonwealth; or

 (iv) reinstatement of export credits was made and has not been reversed; or

(d) which, when first imported into Australia, were entered for home consumption under item 54 of Part III of Schedule 4 to this Act with import credits used in calculating the rate of duty, that have been exported from Australia and are returned in an unaltered condition, being goods that have not been subjected to treatment, repair, renovation, alteration or any other process, and not being goods in respect of which:

 (i) any duties of the Commonwealth were payable at or prior to the date of exportation but which have not been paid; or

 (ii) drawback or refund of any duties of the Commonwealth was paid and an amount equal to such drawback or refund has not been paid to the Commonwealth; or

 (iii) reinstatement of import credits was made and an amount equal to the value of the import credits has not been paid to the Commonwealth; or

 (iv) reinstatement of import credits was made and has not been reversed

 

Exception

This item does not apply to goods covered by item 17A of this Schedule

 

 

17A

 

Goods produced in Australia, that have been exported from Australia and returned in an unaltered condition, being goods that have not been subjected to treatment, repair, renovation, alteration or any other process, and that contain components of any of the following kinds:

(a) components that were previously imported by the holder of a tradex order in which the components were specified other than components on which tradex duty has been paid under section 21 of the Tradex Scheme Act 1999; or

(b) components that were previously imported under the manufacturing in bond scheme other than components on which duties of the Commonwealth have been paid; or

(c) components in respect of which drawback of any duties of the Commonwealth was paid and in respect of which an amount equal to such drawback has not been paid to the Commonwealth; or

(d) components that, at a time before they were exported, were excisable goods (within the meaning of the Excise Act 1901) in respect of which excise duty (payable under the Excise Tariff Act 1921) was not paid

 

An amount equal to the amount of duty assessed in respect of each component mentioned in paragraph (a), (b), (c) or (d) in column 2 of this item in accordance with Part 2 of this Act as if each component had been separately imported and, if the goods contain more than one such component, the total of the amounts of duty assessed

NZ/PNG/FI/DC/DCS/DCT:

An amount equal to the amount of duty assessed in respect of each component mentioned in paragraph (a), (b), (c) or (d) in column 2 of this item in accordance with Part 2 of this Act as if each component had been separately imported and, if the goods contain more than one such component, the total of the amounts of duty assessed


Part 4—Amendment having effect on and from 1 September 2000

10  The rates of duty in column 3 of subheading 7019.40.00 in Schedule 3

Repeal the rates, substitute:

 

 

5%

 

 

[Minister’s second reading speech made in—

House of Representatives on 6 December 2000

Senate on 1 March 2001]

 

(210/00)


 

 

 

 

 

Overview

The Customs Tariff Amendment Act (No. 1) 2001 was enacted by the Parliament of Australia to amend the Customs Tariff Act 1995. This Act addresses various issues related to tariff classifications, rates of duty, and the treatment of imported goods. Its primary objective is to ensure that the customs tariff remains up-to-date and aligned with international standards and obligations. The Act received Royal Assent on 6 April 2001 and includes several amendments to the Customs Tariff Act 1995, with different provisions taking effect on various dates from 1 July 2000 onwards. The changes encompass updates to country names and abbreviations, modifications to rates of duty, and adjustments to the treatment of specific goods under the tariff schedule. This Act provides a structured approach to updating tariff regulations, ensuring that the customs regime reflects current economic and trade realities. By specifying the commencement dates for different amendments, the Act allows for a phased implementation, facilitating compliance and adjustment for stakeholders in the import and export sectors.

Scope and Application

The Customs Tariff Amendment Act (No. 1) 2001 is an Act of the Commonwealth of Australia designed to amend the Customs Tariff Act 1995. The Act applies to all entities and individuals involved in the importation and exportation of goods in Australia, as well as those engaged in the administration and enforcement of customs duties and tariffs. The amendments to the Customs Tariff Act 1995 made by this Act include changes to tariff rates, the addition and repeal of specific country names and abbreviations, and modifications to the description of goods and their associated duty rates. These amendments have varying commencement dates, with some taking effect from 1 July 2000, others from 4 July 2000, 14 August 2000, and 1 September 2000. The Act does not specify any exclusions, exemptions, or thresholds within its primary text, though it is noted that certain exclusions apply to specific items within the Customs Tariff Act 1995 as amended by this Act. The scope and detailed provisions of the Act are further defined through subordinate instruments, which may provide additional clarification or specific implementation details for the amendments introduced.

Key Provisions

The Customs Tariff Amendment Act (No. 1) 2001 amends the Customs Tariff Act 1995. This Act introduces several changes to the tariff structure, effective on different dates between 1 July 2000 and 1 September 2000. Section 1 of the Act provides for the repeal of certain country names and abbreviations in the Customs Tariff Act 1995, while inserting new ones. Specifically, it removes Angola and Madagascar, adding Angola and Congo, Democratic Republic of Madagascar as new entries. Section 2 further repeals the country name and abbreviation for Zaire, replacing it with Congo, Democratic Republic. The amendments in Section 3 and Section 4 modify the rates of duty for various goods listed in Schedule 3 and subheadings in Schedule 4. This includes repealing existing rates and substituting new free rates for specific goods, as well as altering the descriptions and subheadings to reflect changes in classification and duty rates. Section 5 repeals certain subheadings and substitutes new ones, and Section 6 modifies the description of goods in item 54 of Part III of Schedule 4, focusing on the goods imported under the Textiles, Clothing and Footwear Import Credit Scheme. Section 8, effective from 4 July 2000, revises the items in Part II of Schedule 4 concerning the conditions under which goods produced in Australia, exported, and returned in an unaltered condition are exempt from duty. It clarifies the conditions under which these goods qualify for exemption, specifying the types of components that may be included without affecting the exemption. Section 9, effective from 14 August 2000, further refines these conditions by excluding certain types of goods from the exemption if they have not been subjected to treatment, repair, renovation, alteration, or any other process. Section 10, effective from 1 September 2000, changes the rate of duty for a specific subheading in Schedule 3, reducing it from 10% to 5%. This amendment directly affects the customs duty payable on the goods classified under that subheading. The Customs Tariff Amendment Act (No. 1) 2001 imposes obligations on importers, exporters, and other entities involved in the importation and exportation of goods. Importers and exporters must ensure that their goods comply with the new tariff classifications and duty rates, particularly those goods that are returned after exportation. They must also ensure that any components included in the goods have been correctly assessed for duty, especially if these components were previously imported under specific schemes. Entities must adhere to the new descriptions and subheadings for goods, ensuring that they classify and declare their goods accurately to avoid penalties. Breach of the provisions in this Act can result in civil and criminal consequences. The specific penalties are not detailed within the Act itself, but typically, failure to comply with customs regulations can lead to fines, confiscation of goods, and potential criminal charges. The maximum penalties would depend on the severity of the breach and could include substantial fines, imprisonment, or both, as outlined in the Customs Act 1901 and other relevant legislation.

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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.