Customs Tariff (Anti-Dumping) Amendment (Off-shore Installations) Act 1982

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Customs Tariff (Anti-Dumping) Amendment (Off-shore Installations) Act 1982

No. 53 of 1982

 

An Act to amend the Customs Tariff (Anti-Dumping) Act 1975

[Assented to 16 June 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 (Off-shore Installations) 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, or shall be deemed to have come into operation, as the case requires, on the twenty-eighth day after the day on which the Off-shore Installations (Miscellaneous Amendments) Act 1982 receives the Royal Assent.

Interpretation

3. Section 4 of the Principal Act is amended by omitting from sub-section (1) the definition of “importer” and substituting the following definition:


“‘importer’, in relation to goods exported to Australia, means—

(a) in a case to which paragraph (b) does not apply—the beneficial owner of the goods at the time of their arrival within the limits of the port or airport in Australia at which they are landed;

(b) in the case of goods taken from parts beyond the seas to an Australian installation or goods on board an overseas installation at the time when it is attached to the Australian seabed—the beneficial owner of the goods at the time when they are imported into Australia; or

(c) in the case of goods being an overseas installation that becomes attached to the Australian seabed—the beneficial owner of the installation at the time when it is imported into Australia.”.

4. After section 4 of the Principal Act the following section is inserted:

Certain off-shore installations to be part of Australia

“4aa. (1) For the purposes of this Act, where an overseas installation becomes attached to the Australian seabed, the installation shall, subject to sub-section (4), be deemed to be part of Australia.

“(2) For the purposes of this Act, an installation that, at the commencement of this sub-section, is attached to the Australian seabed shall, subject to sub-section (4), be deemed to be part of Australia.

“(3) For the purposes of this Act, an installation (other than an installation that is deemed by sub-section (1) to be part of Australia) that becomes attached to the Australian seabed shall, subject to sub-section (4), be deemed to be part of Australia.

“(4) An installation that is deemed to be part of Australia by virtue of the operation of this section shall, for the purposes of this Act, cease to be part of Australia if—

(a) the installation is detached from the Australian seabed, or from another installation that is attached to the Australian seabed, for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits); or

(b) after having been detached from the Australian seabed otherwise than for the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits).

Installations and goods deemed to be imported

“4ab. (1) Where an overseas installation (not being an installation referred to in sub-section (2)) becomes attached to the Australian seabed, the installation and any goods on the installation at the time when it becomes so


attached shall, for the purposes of this Act, be deemed to have been exported to Australia and to have been imported into Australia at the time when the installation becomes so attached.

“(2) Where an overseas installation—

(a) is brought to a place in Australia; and

(b) is to be taken from that place into Australian waters for the purpose of becoming attached to the Australian seabed,

the installation and any goods on the installation at the time when it is brought to that place shall, for the purposes of this Act, be deemed to have been exported to Australia and to have been imported into Australia at the time when the installation is brought to that place.

Goods taken to installations

“4ac. Where goods are taken from parts beyond the seas on to an Australian installation, the goods shall, for the purposes of this Act, be deemed to have been exported to Australia and to have been imported into Australia upon being taken on to the installation.”.

 

NOTE

1. No. 76, 1975, as amended. For previous amendments, see No. 66, 1981.

Overview

The Customs Tariff (Anti-Dumping) Amendment (Off-shore Installations) Act 1982 was enacted to address the legal complexities arising from the attachment of offshore installations to the Australian seabed and their treatment under the Customs Tariff (Anti-Dumping) Act 1975. This Act, passed by the Queen, the Senate, and the House of Representatives of Australia, aims to ensure that such installations and any goods on them are appropriately considered under Australian customs law once they become part of the Australian territory. The primary policy objective is to provide clarity and legal certainty regarding the customs implications of offshore installations, thereby protecting Australian industries from potential dumping practices and ensuring compliance with anti-dumping regulations.

Scope and Application

The Customs Tariff (Anti-Dumping) Amendment (Off-shore Installations) Act 1982 amends the Customs Tariff (Anti-Dumping) Act 1975 to incorporate certain offshore installations into the scope of Australian customs law concerning anti-dumping measures. This Act applies to offshore installations that become attached to the Australian seabed, considering them as part of Australia for the purposes of anti-dumping regulations. It also applies to goods that are brought onto these installations from parts beyond the seas. The beneficial owner of such goods or installations is considered the importer for anti-dumping purposes. The Act’s jurisdiction extends to the Commonwealth of Australia, impacting entities and persons involved in the importation of goods or installations into these offshore sites. There are no stated exclusions or thresholds within the primary Act, but it is noted that further details and specific regulations may be established through subordinate instruments, potentially extending or restricting the application of the primary Act.

Key Provisions

The Customs Tariff (Anti-Dumping) Amendment (Off-shore Installations) Act 1982 primarily amends the Customs Tariff (Anti-Dumping) Act 1975 by incorporating provisions specifically concerning offshore installations. Section 3 of the Act redefines the term "importer" (section 4 of the Principal Act) to include not only the beneficial owner of goods at the time of their arrival in Australia but also the beneficial owner of goods taken from parts beyond the seas to an Australian installation or goods on board an overseas installation when it is attached to the Australian seabed. Furthermore, it includes the beneficial owner of an overseas installation that becomes attached to the Australian seabed at the time of importation into Australia. The Act imposes specific obligations on entities importing goods or installations into Australia. It mandates that offshore installations that are attached to the Australian seabed are considered part of Australia for the purposes of the Act (section 4aa). This includes installations that are already attached to the seabed at the commencement of the Act and those that become attached in the future. However, if such installations are detached from the seabed for the purpose of being taken outside the outer limits of Australian waters, they cease to be considered part of Australia (section 4aa(4)). Additionally, the Act deems offshore installations and any goods on them to be imported into Australia when they become attached to the seabed or when they are brought into Australia for the purpose of being attached to the seabed (section 4ab). Similarly, goods taken from parts beyond the seas to an Australian installation are deemed to be imported into Australia upon being taken onto the installation (section 4ac). Breach of the provisions outlined in the Act could result in significant consequences. Although the Act does not explicitly detail specific offences or penalties, the primary repercussions would stem from misinterpretation or non-compliance with the definitions and deemed importation provisions. Incorrect identification of the importer could lead to misapplication of anti-dumping duties or other tariffs, potentially resulting in financial penalties, legal disputes, or administrative actions. Non-compliance with the provisions concerning the deemed importation of goods and installations could similarly lead to improper tariff application, with associated financial and legal consequences. While the Act does not specify maximum penalties, breaches could result in civil or criminal liability under broader customs and tariff laws.

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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.