CUSTOMS TARIFF (INDUSTRIES PRESERVATION).
No. 30 of 1933.
An Act to amend the Customs Tariff (Industries Preservation) Act 1921-1922.
[Assented to 4th December, 1933.]
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 (Industries Preservation) Act 1933.
(2.) The Customs Tariff (Industries Preservation) Act 1921-1922 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Customs Tariff (Industries Preservation) Act 1921-1933.
2. Section eight of the Principal Act is repealed and the following section inserted in its stead:—
Exchange special duty.
“8.—(1.) If the Minister is satisfied, after inquiry and report by the Tariff Board, that the exchange value of the currency of the country of origin of any goods has depreciated in relation to Australian currency, and that by reason of such depreciation goods have been or are being sold to an importer in Australia at prices which will be detrimental to an Australian industry, the Minister may publish a notice in the Gazette specifying the country as to the exchange value of the currency of which he is so satisfied, and the goods originated in that country to which in his opinion the provisions of this section should apply.
“(2.) Upon the publication of the notice, there shall be charged, collected and paid to the use of the King, for the purposes of the Commonwealth, on all goods specified in the notice and produced or manufactured in the country specified therein, a special duty ascertained as follows:—
(a) From the nominal par value in sterling of a unit of the currency of the country of origin of the goods there shall be deducted the value in Australian currency of the same unit at the date of exportation of the goods;
(b) The amount ascertained under the last preceding paragraph shall be divided by the value in Australian currency of a unit of the currency of the country of origin of the goods at the date of exportation of the goods; and
(c) The figure ascertained under the last preceding paragraph shall be multiplied by the value for duty of the goods assessed in accordance with the Customs Act 1901-1930.”.
Repeal of Schedule.
3. The Schedule to the Principal Act is repealed.
Overview
The Customs Tariff (Industries Preservation) Act 1933 was enacted to amend the existing Customs Tariff (Industries Preservation) Act 1921-1922. This Act was introduced to address the issue of currency depreciation in the country of origin of imported goods, which was detrimental to Australian industries. The policy objective was to mitigate the adverse effects of such depreciation on domestic industries by introducing a special duty on affected goods. The Act was passed by the Commonwealth Parliament and received Royal Assent on 4th December 1933. It effectively repealed the previous schedule and replaced it with new provisions that allowed the Minister to impose a special duty upon being satisfied that currency depreciation had led to unfair pricing of imported goods.
Scope and Application
The Customs Tariff (Industries Preservation) Act 1921-1933 applies to the Commonwealth of Australia, extending its jurisdiction over the imposition of special duties on imported goods to protect domestic industries from unfair competitive disadvantages caused by currency depreciation. This Act specifically targets imported goods that are being sold in Australia at prices detrimental to local industries due to the devaluation of the originating country's currency. The Act allows the Minister, upon confirmation by the Tariff Board, to publish a notice in the Gazette identifying the affected country and goods, thereby triggering the imposition of a special duty on the specified goods. The duty is calculated based on the difference between the nominal par value of the originating country's currency and its value in Australian currency at the time of exportation. The Act does not specify any exclusions, exemptions, or thresholds but implies that the application of the special duty is contingent upon the Minister's determination following a Tariff Board inquiry and report. The Act also incorporates subordinate instruments to define the specifics of the duty calculation and application.
Key Provisions
The Customs Tariff (Industries Preservation) Act 1933 amends the Customs Tariff (Industries Preservation) Act 1921-1922 by introducing new provisions aimed at protecting Australian industries from the adverse effects of currency depreciation in countries of origin of imported goods. Section 8 of the Principal Act is repealed and replaced with a new section that allows the Minister to impose a special duty on goods if it is determined that the exchange value of the currency of the country of origin has depreciated, causing the goods to be sold in Australia at prices detrimental to local industries. Once the Minister is satisfied, following an inquiry and report by the Tariff Board, a notice is published in the Gazette specifying the country and the goods affected. This notice triggers the imposition of a special duty calculated based on the difference between the currency values at the time of exportation and the assessment of duty under the Customs Act 1901-1930.
The Act imposes several obligations on the parties it governs. Firstly, the Minister must conduct an inquiry and receive a report from the Tariff Board before deciding to impose the special duty. This requirement ensures that the Minister's decision is informed by expert advice and analysis of currency values and their impact on Australian industries. Secondly, the Tariff Board must provide a comprehensive report to the Minister, which includes findings on the exchange value of currencies and the potential impact on Australian industries. This report serves as the basis for the Minister's decision. Thirdly, upon the publication of the notice in the Gazette, importers of the specified goods must comply with the new duty requirements, which involves calculating and paying the special duty based on the prescribed formula.
The Act also outlines consequences for non-compliance with its provisions. Although the specific offences and penalties are not detailed in the provided text, it is reasonable to infer that failure to comply with the special duty requirements could result in civil or criminal penalties. Typically, such legislation includes provisions for fines, penalties, or even imprisonment for significant breaches. The precise penalties would be determined based on the severity of the breach and could include both financial penalties and potential imprisonment, as is common in Acts designed to protect domestic industries from unfair trade practices.