CUSTOMS TARIFF (EXCHANGE ADJUSTMENT) (No. 2).
No. 69 of 1936.
An Act to amend the Customs Tariff (Exchange Adjustment) Act 1933–1934, as amended by the Customs Tariff (Exchange Adjustment) Act 1936.
[Assented to 5th December, 1936.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Customs Tariff (Exchange Adjustment) Act (No. 2) 1936.
(2.) Section one of the Customs Tariff (Exchange Adjustment) Act 1936 is amended by omitting sub-section (2.).
(3.) The Customs Tariff (Exchange Adjustment) Act 1933–1934, as amended by the Customs Tariff (Exchange Adjustment) Act 1936, is in this Act referred to as the Principal Act.
(4.) The Principal Act, as amended by this Act, may be cited as the Customs Tariff (Exchange Adjustment) Act 1933–1936.
Amendment of Customs Tariff (Exchange Adjustment) Act.
2. The Schedule to the Principal Act is amended as set out in the Schedule to this Act.
Further variation of duties.
3. All duties of Customs (other than primage duty and duty imposed by the Customs Tariff (Industries Preservation) Act 1921–1933, or any Act amending or in substitution for that Act), as varied in accordance with the Principal Act, are further varied in the manner provided by the Principal Act in respect of the goods specified in the Schedule to the Principal Act, as amended by this Act, or covered by the Customs Tariff Items so specified, as on and after the twenty-third day of May, One thousand nine hundred and thirty-six, at nine o’clock in the forenoon, reckoned according to standard time in the Territory for the Seat of Government, and this Act shall be deemed to have come into operation at that time.
THE SCHEDULE
Section 2.
AMENDMENTS OF THE SCHEDULE TO THE PRINCIPAL ACT.
by omitting “291 (c) (2)” and inserting in its stead “291 (c) (2) (b)”.
by omitting “291 (d)” and inserting in its stead “291 (d) (2)”.
Overview
The Customs Tariff (Exchange Adjustment) Act (No. 2) 1936 was enacted to amend the Customs Tariff (Exchange Adjustment) Act 1933–1934, addressing the need for further adjustments to customs duties in response to economic changes. This Act was passed by the Parliament of the Commonwealth of Australia, reflecting the policy objective to provide a mechanism for modifying customs duties to reflect changes in exchange rates and economic conditions. The Act further varied duties on certain goods, as specified in the amended schedule of the Principal Act, to ensure the customs tariff remained aligned with the economic environment of the time.
This legislation was part of a series of measures introduced during a period of economic flux, aiming to stabilise and adjust the customs duties in response to fluctuations in currency values. By amending the Customs Tariff (Exchange Adjustment) Act 1933–1934, the Act sought to provide a more responsive and flexible framework for managing customs duties, thereby supporting broader economic policy objectives.
Scope and Application
The Customs Tariff (Exchange Adjustment) Act (No. 2) 1936 amends the Customs Tariff (Exchange Adjustment) Act 1933–1934 to further vary certain duties of Customs as specified in the Schedule to the Principal Act. This legislation applies to all duties of Customs, excluding primage duty and duty imposed by the Customs Tariff (Industries Preservation) Act 1921–1933, or any Act amending or in substitution for that Act. The Act applies nationally across Australia, impacting entities and individuals involved in the import and export of goods that are subject to these amended duties. The amendments outlined in the Schedule to this Act are designed to adjust the duties further in accordance with the Principal Act for goods specified in the amended Schedule, with the changes taking effect from the specified date and time of 23 May 1936 at 9 am. This Act extends the application of the Principal Act by providing additional variations to the Customs duties, thereby affecting the costs and regulations associated with the importation and exportation of specified goods within Australia.
Key Provisions
The Customs Tariff (Exchange Adjustment) Act (No. 2) 1936 primarily serves to amend the Customs Tariff (Exchange Adjustment) Act 1933–1934 through several key provisions. Section 1 provides the short title and citation of the Act, clarifying that it may be referred to as the Customs Tariff (Exchange Adjustment) Act 1933–1936 after amendment (s.1(1)-(4)). Section 2 outlines the amendment to the Schedule of the Principal Act, which is detailed in the accompanying Schedule to this Act. Section 3 further varies all duties of Customs, excluding certain specified duties, as per the manner provided by the Principal Act, for goods listed in the amended Schedule, effective from a specific date and time in May 1936 (s.3).
This Act imposes specific obligations and requirements on entities involved in the import and export of goods subject to customs duties. It mandates the amendment of customs duties on particular goods as outlined in the amended Schedule, ensuring that these duties are adjusted in accordance with the provisions of the Principal Act. Importers, exporters, and customs authorities must comply with these changes to ensure that the correct duties are applied and collected on affected goods. Additionally, the Act requires adherence to the specific timing stipulated for the implementation of these duty variations, ensuring consistency and clarity in the application of the amended tariffs.
Failure to comply with the provisions of this Act may result in various legal consequences. Although the Act does not explicitly outline specific offences or penalties within its text, breaches of customs regulations generally carry significant civil and criminal penalties under other applicable legislation. Non-compliance with duty adjustments could potentially lead to fines, confiscation of goods, and other legal repercussions as prescribed by the broader framework of customs and taxation laws in Australia. The exact penalties would depend on the severity of the breach and the specific laws under which the action is taken.