EXPLANATORY STATEMENT
Issued by the authority of the Minister for Home Affairs
Customs Tariff Amendment (Schedule 4) Act 2012
Proclamation
Item 2 of subsection 2(1) of the Customs Tariff Amendment (Schedule 4) Act 2012 (the Act) provides for Schedules 1 and 2 to the Act to commence on a single day to be fixed by Proclamation.
Item 2 of subsection 2(1) of the Act also provides that if any of the provisions in Schedules 1 and 2 do not commence within the period of 6 months beginning on the day on which the Act receives the Royal Assent, they commence on the day after the end of that period.
The Act received the Royal Assent on 25 September 2012.
The purpose of the Proclamation is to fix 1 March 2013 as the day on which Schedules 1 and 2 to the Act commence.
Schedules 1 and 2 to the Act amend the Customs Tariff Act 1995 to repeal and replace Schedule 4 to that Act. Schedule 4 delivers a wide range of tariff concessions, which have the effect of reducing or removing the normal rate of customs duty that would otherwise apply. These concessions lower costs for businesses and individuals importing goods. New Schedule 4 removes items that are redundant or have no clear policy intent, consolidate items that have similar coverage and restructure the Schedule to place similar items together.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Authority: Subsection 2(1) of the Customs Tariff Amendment (Schedule 4) Act 2012
Overview
The Customs Tariff Amendment (Schedule 4) Act 2012 was enacted by the Australian Parliament to address the need for updating and streamlining tariff concessions under the Customs Tariff Act 1995. The Act aims to modernise and clarify the tariff concessions, ensuring they are relevant and effective in supporting the economic interests of businesses and individuals importing goods into Australia. The primary policy objective is to reduce or eliminate the normal rates of customs duty on certain goods, thereby lowering costs and facilitating smoother trade. The Customs Tariff Amendment (Schedule 4) Act received Royal Assent on 25 September 2012, with a Proclamation subsequently issued to set 1 March 2013 as the commencement date for the amended schedules. This legislative instrument was made under the authority of the Legislative Instruments Act 2003.
Scope and Application
The Customs Tariff Amendment (Schedule 4) Act 2012 applies to the amendments of the Customs Tariff Act 1995, specifically targeting Schedule 4 which pertains to tariff concessions on imported goods. This Act is relevant to any person or entity involved in the importation of goods into Australia, as it directly affects the customs duty rates applicable to such imports. The Act operates on a national level, with its provisions extending across the Commonwealth of Australia. The primary objective of the Act is to streamline and modernise the tariff concessions, thereby reducing the complexity and cost of customs duties for importers. The Act includes a mechanism for the commencement of its schedules through a Proclamation, which was issued to set 1 March 2013 as the effective date for Schedules 1 and 2. The Proclamation also ensures that any provisions not commencing within six months of the Act receiving Royal Assent will automatically commence on the day after the six-month period ends. The Act itself does not explicitly mention exclusions, exemptions, or thresholds, but these would be detailed in the amended Schedule 4 of the Customs Tariff Act 1995. Any further extensions or restrictions of the application of the Act are to be managed through subordinate instruments as per the Legislative Instruments Act 2003.
Key Provisions
The Customs Tariff Amendment (Schedule 4) Act 2012 outlines significant changes to the Customs Tariff Act 1995 through its schedules. Specifically, Schedules 1 and 2, which are set to commence on 1 March 2013, aim to repeal and replace Schedule 4 of the 1995 Act (sections 2(1)). This replacement is intended to refine and update the tariff concessions that affect customs duties on imported goods, ultimately lowering costs for businesses and individuals involved in importing. The new Schedule 4 eliminates items that are outdated or lack clear policy intent, consolidates similar items, and restructures the schedule for better clarity and efficiency.
Entities and individuals subject to the Customs Tariff Act 1995 must comply with the updated provisions as outlined in Schedules 1 and 2 of the 2012 Act. This includes understanding and applying the new tariff rates and concessions that result from the amendments. Importers, businesses, and relevant authorities need to ensure their practices align with these changes to avoid any discrepancies in duty calculations and compliance requirements. The updated schedule aims to streamline and clarify the tariff system, making it easier for stakeholders to understand and comply with the regulations.
Failure to comply with the provisions of the Customs Tariff Amendment (Schedule 4) Act 2012 may lead to various civil and criminal consequences. While specific penalties are not detailed within the text, non-compliance with customs regulations can typically result in fines, penalties, or other legal actions as per the broader Customs Act 1901. It is imperative for all parties involved in the import process to adhere strictly to the new tariff rates and concessions to avoid any legal repercussions.