Customs Tariff (Exchange Adjustment) Act (No. 4) 1939

Overview

The Customs Tariff (Exchange Adjustment) (No. 4) Act 1939 was enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, aiming to further amend the Customs Tariff (Exchange Adjustment) Act 1933–1938. This Act was introduced to address the need for further adjustments to customs duties in response to economic conditions and exchange rate variations. The policy objective, as indicated in the Act, is to provide for the further variation of customs duties in line with the adjustments previously made by the Principal Act and its subsequent amendments. The Customs Tariff (Exchange Adjustment) (No. 4) Act 1939 modifies the schedule of the Principal Act, refining the duties on specified goods to better reflect current economic realities.

Scope and Application

The Customs Tariff (Exchange Adjustment) Act (No. 4) 1939 applies to the adjustment of duties of customs as provided under the Customs Tariff (Exchange Adjustment) Act 1933–1938, as amended by subsequent acts. The Act extends its application to all duties of Customs except those explicitly excluded, such as primage duty and duties imposed by the Customs Tariff (Industries Preservation) Act 1921–1936, or any Act amending or substituting for it. The Act operates nationally across Australia and is administered at the Commonwealth level. The scope of the Act is confined to modifying the schedule of the Principal Act to further vary duties on specified goods. The Act comes into effect on a date determined by a proclamation, which sets the commencement time as nine o'clock in the morning according to standard time in the Australian Capital Territory. Subordinate instruments may extend or restrict the application of the Act, thereby allowing for adjustments and clarifications as needed within the legislative framework.

Key Provisions

The Customs Tariff (Exchange Adjustment) Act (No. 4) 1939 (Act) amends the Customs Tariff (Exchange Adjustment) Act 1933–1938, as previously amended by several other Acts. This Act (sections 1 and 3) specifies that all duties of Customs, except for certain exceptions like primage duty and duties imposed by specific industry preservation Acts, are further varied. This variation applies to goods listed in the Schedule to the Principal Act as amended by this Act, effective from a date to be determined by Proclamation, which will be made at nine o’clock in the morning according to Australian Capital Territory standard time (section 3). The Schedule to the Principal Act is amended as outlined in the Schedule to this Act, specifically by omitting "424 (b) (1)" (section 2). The Act imposes several obligations and requirements on the parties it governs. Firstly, it mandates the amendment of the Customs Tariff (Exchange Adjustment) Act to reflect the changes specified in this Act. This includes ensuring that all relevant duties are adjusted according to the provisions of the Principal Act, as amended. Additionally, the Act requires the issuance of a Proclamation to set the effective date of these changes, ensuring that all amendments are implemented at the specified time. Importers, exporters, and other stakeholders must stay informed of these changes to comply with the updated tariff regulations. Breaching the provisions of the Act can lead to various civil and criminal consequences. Although the specific offences and penalties are not detailed within the provided text, it is understood that non-compliance with customs duties and regulations can lead to penalties under the applicable Customs Acts. Generally, such breaches can result in fines, penalties, or even imprisonment, depending on the severity and intent of the violation. For instance, under the Customs Act 1901, penalties for non-compliance can include substantial fines and, in cases of serious breaches, imprisonment for up to two years. It is crucial for all parties to adhere to the amended tariff regulations to avoid these potential consequences.