CUSTOMS TARIFF (EXCHANGE ADJUSTMENT) (No. 3).
No. 60 of 1939.
An Act to amend the Customs Tariff (Exchange Adjustment) Act 1933–1938, as amended by the Customs Tariff (Exchange Adjustment) Act 1939 and by the Customs Tariff (Exchange Adjustment) Act (No. 2) 1939.
[Assented to 15th December, 1939.]
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) 1939.
(2.) Section one of the Customs Tariff (Exchange Adjustment) Act (No. 2) 1939 is amended by omitting sub-section (2.).
(3.) The Customs Tariff (Exchange Adjustment) Act 1933–1938, as amended by the Customs Tariff (Exchange Adjustment) Act 1939, and by the Customs Tariff (Exchange Adjustment) Act (No. 2) 1939, 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 1933–1939.
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 1921–1936, 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 September, One thousand nine hundred and thirty-nine, at nine o’clock in the forenoon, reckoned according to standard time in the Australian Capital Territory, and this Act shall be deemed to have come into operation at that time.
THE SCHEDULE. Sec. 2.
amendment of the schedule to the principal act.
by omitting “105 (a) (1) (b)”.
Overview
The Customs Tariff (Exchange Adjustment) Act (No. 3) 1939 was enacted by the Parliament of Australia to amend the Customs Tariff (Exchange Adjustment) Act 1933–1938 and subsequent amendments made by the Customs Tariff (Exchange Adjustment) Act 1939 and the Customs Tariff (Exchange Adjustment) Act (No. 2) 1939. This Act aimed to further adjust customs duties in response to changes in exchange rates, providing a mechanism to maintain the competitiveness of Australian goods in international markets. As assented to on 15th December, 1939, the Act was part of a series of legislative measures designed to address economic challenges of the time, specifically by modifying the schedule of customs duties in line with prevailing economic conditions. The overarching policy objective was to support Australia's trade and economic stability during a period of significant global economic flux.
Scope and Application
The Customs Tariff (Exchange Adjustment) Act (No. 3) 1939 applies to the entire Commonwealth of Australia and governs the adjustment of customs duties to reflect changes in exchange rates. It is pertinent to all duties of Customs, except those specified under the Customs Tariff (Industries Preservation) Act 1921–1936 or any amending or substituting Act, and it extends to goods specified in the Schedule to the Customs Tariff (Exchange Adjustment) Act 1933–1939, as further amended by this Act. The Act does not explicitly provide for exclusions or exemptions, but it does exclude duties such as primage duty and those imposed under the aforementioned Industries Preservation Act. The application and further variation of duties are set out in the Schedule to the Principal Act and are deemed to have come into operation on 23 September 1939 at 9 am Australian Capital Territory time. The Act may also be extended or restricted through subordinate instruments.
Key Provisions
The Customs Tariff (Exchange Adjustment) Act (No. 3) 1939 (Act) primarily serves to further amend the Customs Tariff (Exchange Adjustment) Act 1933–1938 and its subsequent amendments. Specifically, Section 2 of the Act amends the Schedule to the Principal Act, which refers to the Customs Tariff (Exchange Adjustment) Act 1933–1938 as amended by the Customs Tariff (Exchange Adjustment) Act 1939 and the Customs Tariff (Exchange Adjustment) Act (No. 2) 1939. This amendment involves the removal of certain specified items from the Schedule, as detailed in the Schedule to this Act. Section 3 extends the variation of duties as previously stipulated in the Principal Act to additional goods, effective from 23 September 1939.
The Act imposes obligations on the entities it governs by requiring compliance with the amended duties as set out in the updated Schedule. The specified duties on customs are to be varied in accordance with the provisions of the Principal Act, impacting the tariff rates on certain goods. This adjustment is to be implemented strictly as per the timing and conditions outlined, ensuring that the new rates come into effect at the specified date and time.
Breaches of the provisions set out in this Act may result in legal consequences. While the Act does not explicitly detail specific offences or penalties, it is reasonable to infer that non-compliance with the amended customs duties could lead to legal actions under the broader Customs Act 1901 or related legislation. This might include fines or other penalties for failure to pay the correct duties or for misrepresenting goods in contravention of the Act's requirements. The exact penalties would depend on the nature and severity of the breach, as governed by the overarching customs legislation.