Customs Tariff (Anti-Dumping) Amendment Act 1982
No. 114 of 1982
An Act to amend the Customs Tariff (Anti-Dumping) Act 1975 consequent upon the enactment of the Customs Tariff Act 1982 and for related purposes
[Assented to 22 November 1982]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Customs Tariff (Anti-Dumping) Amendment Act 1982.
(2) The Customs Tariff (Anti-Dumping) Act 19751 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which the Customs Tariff Act 1982 comes into operation.
Dumping duties
3. Section 8 of the Principal Act is amended—
(a) by omitting sub-paragraph (7) (c) (i) and substituting the following sub-paragraph:
“(i) the tariff classification in Schedule 3 to the Customs Tariff Act 1982 that applies to the goods, or, where the goods are goods to which section 27 of that Act applies, the item in Part I of Schedule 4 to that Act that applies to the goods is expressed to apply to goods, or to a class or kind of goods, as prescribed by by-law; and”; and
(b) by omitting sub-paragraph (7) (d) (i) and substituting the following sub-paragraph:
“(i) the tariff classification in Schedule 3 to that Act that applies to the goods is such that no duty is payable in respect of the goods or the duty payable in respect of the goods is at a rate equivalent to a rate payable under Part I of Schedule 4 on the goods; and”.
Countervailing duties
4. Section 10 of the Principal Act is amended—
(a) by omitting sub-paragraph (8) (b) (i) and substituting the following sub-paragraph:
“(i) the tariff classification in Schedule 3 to the Customs Tariff Act 1982 that applies to the goods, or, where the goods are goods to which section 27 of that Act applies, the item in Part I of Schedule 4 to that Act that applies to the goods is expressed to apply to goods, or to a class or kind of goods, as prescribed by by-law; and”; and
(b) by omitting sub-paragraph (8) (c) (i) and substituting the following sub-paragraph:
“(i) the tariff classification in Schedule 3 to that Act that applies to the goods is such that no duty is payable in respect of the goods or the duty payable in respect of the goods is at a rate equivalent to a rate payable under Part I of Schedule 4 on the goods; and”.
Saving
5. Notwithstanding the amendments of the Principal Act made by this Act, any notices under sub-section 8 (7) or 10 (8) of the Principal Act that were in force immediately before the commencement of this Act continue in force but section 20 of the Principal Act as amended and in force from time to time applies in relation to those notices.
NOTE
1. No. 76, 1975. For previous amendments, see No. 66, 1981 and No. 53, 1982.
Overview
The Customs Tariff (Anti-Dumping) Amendment Act 1982 was enacted to update and align the Customs Tariff (Anti-Dumping) Act 1975 with the new Customs Tariff Act 1982, addressing any legislative gaps that arose from the enactment of the latter. This Act was assented to on 22 November 1982, and it was passed by the Queen, in accordance with the authority of the Senate and the House of Representatives of the Commonwealth of Australia. The primary objective of this amendment is to ensure that the anti-dumping provisions in the Customs Tariff (Anti-Dumping) Act 1975 are consistent with the new tariff classifications and duties outlined in the Customs Tariff Act 1982, thereby maintaining the integrity and effectiveness of Australia's anti-dumping regime.
Scope and Application
The Customs Tariff (Anti-Dumping) Amendment Act 1982 applies to the amendments of the Customs Tariff (Anti-Dumping) Act 1975, focusing specifically on the imposition of anti-dumping duties on goods imported into Australia. The Act amends the Principal Act to incorporate changes necessitated by the enactment of the Customs Tariff Act 1982, ensuring that the tariff classifications and related duties are updated in alignment with the new legislative framework. This amendment applies to any entities or individuals involved in the importation of goods that may be subject to anti-dumping duties under the revised Customs Tariff Act. The geographic reach of this Act is national, as it pertains to Commonwealth legislation and the importation of goods into Australia. There are no specific exclusions or exemptions outlined in the text, but the application of duties is contingent on the tariff classifications specified by the Customs Tariff Act 1982. The Act may be further extended or restricted through subordinate instruments, which would provide additional clarification or detail on the application of anti-dumping duties.
Key Provisions
The Customs Tariff (Anti-Dumping) Amendment Act 1982, as referred to in Section 1, amends the Customs Tariff (Anti-Dumping) Act 1975. The Act, as per Section 2, comes into effect on the same day the Customs Tariff Act 1982 is enacted. The primary amendments, detailed in Sections 3 and 4, modify the conditions under which dumping and countervailing duties are imposed. Specifically, Section 3(a) alters the tariff classification in Schedule 3 of the Customs Tariff Act 1982, and Section 3(b) adjusts the conditions for duty payment. Similarly, Section 4(a) and (b) make corresponding changes to the countervailing duties based on the new tariff classifications. Section 5 ensures that any notices under Sections 8(7) and 10(8) of the Principal Act remain in force despite the amendments, with Section 20 of the amended Principal Act applying to these notices.
The obligations imposed by this Act primarily pertain to the classification and duty assessment of imported goods. Section 3 and 4 require adherence to the updated tariff classifications as outlined in Schedule 3 and Part I of Schedule 4 of the Customs Tariff Act 1982. These sections necessitate that any anti-dumping and countervailing duties be calculated based on the new criteria. Additionally, Section 5 ensures continuity in the enforcement of notices issued under the Principal Act, with the updated provisions of Section 20 applying to those notices.
Failure to comply with the provisions of this Act may result in significant legal consequences. Although specific offences and penalties are not explicitly detailed in the provided text, breaches of anti-dumping and countervailing duty regulations can typically lead to fines or other penalties as prescribed by the relevant legislation. The exact penalties would be determined by the applicable laws and regulations in force at the time of the breach. It is essential to note that the legal consequences can vary, and parties affected by such breaches should seek specific legal advice for precise implications.