CUSTOMS TARIFF (EXCHANGE ADJUSTMENT) (No. 3).
No. 77 of 1936.
An Act to amend the Customs Tariff (Exchange Adjustment) Act 1933–1934, as amended by the Customs Tariff (Exchange Adjustment) Act 1936 and by the Customs Tariff (Exchange Adjustment) Act (No. 2) 1936.
[Assented to 7th 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. 3) 1936.
(2.) Section one of the Customs Tariff (Exchange Adjustment) Act (No. 2) 1936 is amended by omitting sub-section (4.).
(3.) The Customs Tariff (Exchange Adjustment) Act 1933–1934, as amended by the Customs Tariff (Exchange Adjustment) Act 1936, and by the Customs Tariff (Exchange Adjustment) Act (No. 2) 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 a date to be fixed by Proclamation, 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 “109”.
by omitting “122” and inserting in its stead “122 (a)” and “122 (b)”.
by omitting “179 (d) (1) (a) (1) (a)”, “179 (d) (1) (a) (1) (b) (when not exceeding 175 horse-power)”, “179 (d) (1) (a) (4) (a)”, “179 (d) (1) (b) (1)”, “179 (d) (1) (c) (1)”, “179 (d) (1) (c) (2) (a)”, “179 (d) (1) (c) (4) (a)”, “179 (d) (1) (d)”, “179 (d) (2) (a) (1) (b)”, “179 (d) (2) (a) (2) (when not exceeding 12,750 k.v.a.)”, “179 (d) (2) (b) (1)”, “179 (d) (2) (b) (2) (when not exceeding 1,275 k.v.a.)”, “179 (d) (2) (c) (1)” and “179 (d) (2) (d)”.
by omitting “255” and inserting in its stead “255 (a)”, “255 (b)” and “255 (c) (2)”.
by omitting “384 (a)”.
by omitting “397 (a)” and “397 (f)”.
Overview
The Customs Tariff (Exchange Adjustment) (No. 3) Act 1936 was enacted to amend the Customs Tariff (Exchange Adjustment) Act 1933–1934, as amended by the Customs Tariff (Exchange Adjustment) Act 1936 and by the Customs Tariff (Exchange Adjustment) Act (No. 2) 1936. This Act was introduced to address the need for further variation of customs duties in response to economic fluctuations and exchange rate adjustments. Enacted by the Parliament of the Commonwealth of Australia, the primary policy objective of this legislation is to provide a mechanism for the Commonwealth Government to adjust customs duties in a way that reflects changes in the economic environment and exchange rates, thereby supporting trade policy and economic stability.
The Act amends the existing customs tariff to further adjust duties on specific goods as outlined in the schedule, ensuring that the tariff remains responsive to economic conditions and exchange rate variations. The adjustments are intended to maintain the effectiveness of the tariff in supporting economic policy objectives and facilitating fair and balanced international trade.
Scope and Application
The Customs Tariff (Exchange Adjustment) Act (No. 3) 1936 amends the Customs Tariff (Exchange Adjustment) Act 1933–1934, as previously amended, to further adjust the duties of customs in response to currency fluctuations and exchange rates. This Act applies to all customs duties as varied under the Principal Act, except for primage duty and certain duties imposed by the Customs Tariff (Industries Preservation) Act 1921–1933, or any subsequent amending or substituting Acts. The application of this Act is national, covering the entire Commonwealth of Australia, and it aims to provide a structured adjustment to the customs duties to maintain economic stability and fairness in trade. The Act allows for further variation of duties as specified in the amended schedule, which is to be implemented from a date fixed by Proclamation, indicating the precise moment of its operational effect. This Act does not include specific exclusions, exemptions, or thresholds, but its application can be further detailed through subordinate instruments issued under the authority of the Act.
Key Provisions
The Customs Tariff (Exchange Adjustment) (No. 3) Act 1936 amends the Customs Tariff (Exchange Adjustment) Act 1933–1934 by further varying customs duties on certain goods, as specified in the schedule to the Principal Act (section 3). This Act is designed to align customs duties with economic changes and currency fluctuations. It removes subsection (4) of section one of the Customs Tariff (Exchange Adjustment) Act (No. 2) 1936 and amends the schedule to the Principal Act by omitting and inserting various tariff numbers to reflect changes in the duties (section 2). The amended duties are effective as of a date to be fixed by proclamation.
Under this Act, all customs duties, excluding those imposed by the Customs Tariff (Industries Preservation) Act 1921–1933 or any subsequent amendments, are further varied according to the Principal Act's provisions. These changes apply to goods listed in the amended schedule and take effect at a time specified by proclamation (section 3). The specific changes to the schedule include the omission and insertion of various tariff numbers, reflecting the new rates of duty for specified goods.
Entities and individuals involved in importing or exporting the affected goods must comply with the amended duties as specified in the schedule. Importers and exporters need to ensure that they are aware of and apply the new duty rates for the goods listed in the amended schedule. Customs officers and officials must enforce these amended duties, and importers and exporters must provide the necessary documentation to verify compliance.
Breach of the amended customs duties can lead to legal consequences, including fines and penalties. The specific penalties for non-compliance are not detailed in the Act but can include substantial fines and potential imprisonment for serious or repeated offences. The exact penalties would be determined by the courts based on the circumstances of each case and the severity of the breach.