Customs Tariff Amendment Act (No. 3) 1989

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Customs Tariff Amendment Act (No. 3) 1989

No. 74 of 1989

 

An Act to amend the Customs Tariff Act 1987

[Assented to 21 June 1989]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Customs Tariff Amendment Act (No. 3) 1989.

(2) In this Act, Principal Act means the Customs Tariff Act 19871.

Commencement

2. (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

(2) Section 3 commences on 1 July 1989.

Amendments of Schedule 3 having effect from 1 July 1989

3. The Principal Act is amended as set out in the Schedule.


SCHEDULE Section 3

AMENDMENTS HAVING EFFECT FROM 1 JULY 1989

Amendments of Schedule 3

1. Omit 1701, substitute:

“1701

CANE OR BEET SUGAR AND CHEMICALLY PURE SUCROSE, IN SOLID FORM:

 

 

1701.1

-Raw sugar not containing added flavouring or colouring matter:

 

 

1701.11.00

- - Cane sugar

From 1 July 1991

From 1 July 1992

 

$0.115/kg

PNG: $0.115/kg, less 5%

FI: $0. 115/kg, less 5%

DC: $0.115/kg, less 5%

$0.095/kg

PNG: $0.095/kg, less 5%

FI: $0.095/kg, less 5%

DC: $0.095/kg, less 5%

$0.07/kg

PNG: $0.07/kg, less 5%

FI: $0.07/kg, less 5%

DC: $0.07/kg, less 5%

1701.12.00

- - Beet sugar

From 1 July 1991

From 1 July 1992

 

$0.115/kg

PNG: $0. 115/kg, less 5%

FI: $0.115/kg, less 5%

DC: $0.115/kg, less 5%

$0.095/kg

PNG: $0.095/kg, less 5%

FI: $0.095/kg, less 5%

DC: $0.095/kg, less 5%

$0.07/kg

PNG: $0.07/kg, less 5%

FI: $0.07/kg, less 5%

DC: $0.07/kg, less 5%

1701.9

-Other:

 

 

1701.91.00

- - Containing added flavouring or colouring matter

From 1 July 1991

From 1 July 1992

 

$0.115/kg

PNG: $0.115/kg, less 5%

FI: $0.115/kg, less 5%

DC: $0.115/kg, less 5%

$0.095/kg

PNG: $0.095/kg, less 5%

FI: $0.095/kg, less 5%

DC: $0.095/kg, less 5%

$0.07/kg

PNG: $0.07/kg, less 5%

FI: $0.07/kg, less 5%

DC: $0.07/kg, less 5%

1701.99

- -Other:

 

 

1701.99.10

- - - Chemically pure sucrose derived from other than sugar cane or sugar beet

 

10%

FI: 5%

DC: 5%

1701.99.90

- - - Other

From 1 July 1991

From 1 July 1992

 

$0.115/kg

PNG: $0.115/kg, less 5%

FI: $0.115/kg, less 5%

DC: S0.115/kg, less 5%

$0.095/kg

PNG: $0.095/kg, less 5%

FI: $0.095/kg, less 5%

DC: $0.095/kg, less 5%

$0.07/kg

PNG: $0.07/kg, less 5%

FI: $0.07/kg, less 5%

DC: $0.07/kg, less 5%”.

 

SCHEDULE—continued

2. Omit 1702.90.00, substitute:

“1702.90

-Other, including invert sugar:

 

 

1702.90.10

- - - Goods, as follows:

(a) liquid sugars and invert sugars derived from sugar cane or sugar beet;

(b) golden syrup

From 1 July 1991

From 1 July 1992

 

$0.115/kg

PNG: $0.115/kg, less 5%

FI: $0.115/kg, less 5%

DC: $0.115/kg, less 5%

$0.095/kg

PNG: $0.095/kg, less 5%

FI: $0.095/kg, less 5%

DC: $0.095/kg, less 5%

$0.07/kg

PNG: $0.07/kg, less 5%

FI: $0.07/kg, less 5%

DC: $0.07/kg, less 5%

1702.90.90

- - - Other

 

10%

DC: 5%”.

3. Omit 1703, substitute:

“1703

MOLASSES RESULTING FROM THE EXTRACTION OR REFINING OF SUGAR:

 

 

1703.10

- Cane molasses:

 

 

1703.10.10

- - - Treacle

From 1 July 1991

From 1 July 1992

 

$0.115/kg

PNG: $0.115/kg, less 5%

FI: $0.115/kg, less 5%

DC: $0.115/kg, less 5%

$0.095/kg

PNG: $0.095/kg, less 5%

FI: $0.095/kg, less 5%

DC: $0.095/kg, less 5%

$0.07/kg

PNG: $0.07/kg, less 5%

FI: $0.07/kg, less 5%

DC: $0.07/kg, less 5%

1703.10.90

Other

 

Free

1703.90

- Other:

 

 

1703.90.10

- - - Treacle refined from beet sugar

From 1 July 1991

From 1 July 1992

 

$0.115/kg

PNG: $0.115/kg, less 5%

FI: $0.115/kg, less 5%

DC: $0.115/kg, less 5%

$0.095/kg

PNG: $0.095/kg, less 5%

FI: $0.095/kg, less 5%

DC: $0.095/kg, less 5%

$0.07/kg

PNG: $0.07/kg, less 5%

FI: $0.07/kg, less 5%

DC: $0.07/kg, less 5%

1703.90.90

- - - Other

 

Free”.

NOTE

1. No. 82, 1987, as amended. For previous amendments, see Nos. 43 and 147, 1987; Nos. 60 and 68, 1988; and Nos. 27 and 67, 1989.

[Minister’s second reading speech made in—

House of Representatives on 23 May 1989

Senate on 26 May 1989]

Overview

The Customs Tariff Amendment Act (No. 3) 1989 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the Customs Tariff Act 1987. This legislation was introduced to address the need for adjustments in tariff rates for certain sugar and molasses products, reflecting changes in trade policies and economic considerations. The Act was passed by the Parliament of Australia and received Royal Assent on 21 June 1989, with specific sections of the Act commencing on the same date and others effective from 1 July 1989. The primary objective of the Act was to revise the tariff rates for various sugar and molasses products, thereby aligning them with updated economic policies and trade agreements in place at the time.

Scope and Application

The Customs Tariff Amendment Act (No. 3) 1989 is an Act of the Commonwealth of Australia that amends the Customs Tariff Act 1987. This Act is concerned specifically with modifying the tariff rates for certain sugar and sugar-related products as listed in the Schedule of the Act. The amendments are set to take effect from 1 July 1989, with different tariff rates applicable from 1 July 1991 and 1 July 1992. The Act applies to the goods listed in the Schedule, specifically cane or beet sugar and chemically pure sucrose in solid form, other sugars including invert sugar, and molasses resulting from the extraction or refining of sugar. The changes impact various sugar products, with different rates for raw sugar, beet sugar, and other sugar types, as well as molasses, with provisions for countries such as Papua New Guinea, Fiji, and the Dominican Republic. The Act applies nationally across Australia, as it is a Commonwealth Act, and no specific exclusions, exemptions, or thresholds are mentioned in the text provided. The scope of application may potentially be extended or restricted through subordinate instruments, though this is not elaborated upon in the provided text.

Key Provisions

The Customs Tariff Amendment Act (No. 3) 1989 primarily modifies the Customs Tariff Act 1987, which deals with the duties and taxes levied on goods imported into Australia. Specifically, Section 3 of the Act (referenced in the Schedule) amends Schedule 3, which lists the tariffs for various types of sugar and sugar-related products, effective from 1 July 1989. The amendments include changes to the tariff rates for cane or beet sugar, chemically pure sucrose, molasses, and other sugar products, as well as the removal and substitution of certain tariff items. The obligations and requirements imposed by this Act are mainly focused on ensuring compliance with the updated tariff rates. Importers, exporters, and customs brokers must adhere to these new rates when declaring and paying duties on the affected goods. The changes are designed to reflect evolving trade policies and agreements, particularly those pertaining to sugar and sugar-related products. Compliance with these tariffs is critical to avoid any delays or penalties in customs clearance. The Act also outlines potential consequences for non-compliance. While the Act does not explicitly state penalties for breaches, it is understood that failure to comply with the amended tariff rates could lead to civil or criminal penalties under the broader Customs Act 1901. This might include fines, imprisonment, or other enforcement actions as deemed appropriate by the Australian government. The specific penalties would depend on the severity and intent behind the non-compliance, as governed by the general provisions of the Customs Act.

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