CUSTOMS TARIFF (NEW ZEALAND PREFERENCE) (No. 1).
No. 23 of 1962.
An Act to amend section eleven a of the Customs Tariff (New Zealand Preference) 1933–1961.
[Assented to 17th April, 1962.]
BE it enacted by the Queen’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 (New Zealand Preference) (No. 1) 1962.
(2.) The Customs Tariff (New Zealand Preference) 1933–1961, as amended by this Act, may be cited as the Customs Tariff (New Zealand Preference) 1933–1962.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Temporary duties.
3.—(1.) Section eleven a of the Customs Tariff (New Zealand Preference) 1933–1961 is amended by omitting from sub-section (2.) the words “sub-section (7.) of section seventeen a of the Tariff Board Act 1921–1960” and inserting in their stead the words “sub-section (4.) of section eighteen E of the Tariff Board Act 1921–1962”.
(2.) Notwithstanding the amendment made by the last preceding sub-section, sub-section (2.) of section eleven a of the Customs Tariff (New Zealand Preference) 1933–1961 continues to apply to and in relation to a notification in the Gazette referred to in that sub-section published after the commencement of this Act in pursuance of sub-section (2.) of section fourteen of the Tariff Board Act 1962.
Overview
The Customs Tariff (New Zealand Preference) (No. 1) 1962, enacted by the Parliament of Australia, aims to amend section eleven a of the Customs Tariff (New Zealand Preference) 1933–1961. This Act was introduced to address a specific issue related to the application of tariff duties under the Customs Tariff, ensuring they align with the updated provisions of the Tariff Board Act 1962. By modifying the references within the Customs Tariff, the legislation ensures that the duty rates and conditions reflect the most current legal framework, thus maintaining consistency and clarity in trade practices between Australia and New Zealand. The Act received Royal Assent on 17 April 1962, and it came into operation on the same day, indicating the urgency and importance of these amendments in the context of international trade relations.
Scope and Application
The Customs Tariff (New Zealand Preference) (No. 1) 1962 amends the Customs Tariff (New Zealand Preference) 1933–1961, affecting the tariff rates applicable to goods imported from New Zealand into Australia. This Act applies to entities involved in the importation of goods from New Zealand, and it governs the tariff rates and conditions under which these goods are subject to customs duties. The Act’s reach extends nationally within Australia, applying uniformly across all states and territories. However, the Act itself does not explicitly mention any exclusions or exemptions, but it is reasonable to assume that any exclusions or specific conditions would be detailed in subordinate instruments or the referenced Tariff Board Act. This Act came into operation immediately upon receiving Royal Assent and amends a specific subsection of the Customs Tariff, thereby altering the legal framework for temporary duties on New Zealand goods, ensuring that the referenced subsections from the Tariff Board Act are updated accordingly.
Key Provisions
The Customs Tariff (New Zealand Preference) (No. 1) 1962 amends Section eleven a of the Customs Tariff (New Zealand Preference) 1933–1961. This amendment involves changing the reference from sub-section (7.) of section seventeen a of the Tariff Board Act 1921–1960 to sub-section (4.) of section eighteen E of the Tariff Board Act 1921–1962. This change ensures that the tariffs are aligned with the updated legal framework governing the Tariff Board. The Act comes into operation immediately upon receiving Royal Assent, as stated in section 2.
The obligations under this Act primarily concern the entities involved in the administration and enforcement of customs duties, particularly those related to the preferential treatment of goods imported from New Zealand. The amendments require that the references in the Customs Tariff be updated to reflect the changes in the Tariff Board Act, ensuring that the legal framework remains current and applicable. The continued applicability of sub-section (2.) of section eleven a to notifications published after the commencement of this Act further ensures that any ongoing tariff adjustments remain legally sound and enforceable.
The Act does not explicitly outline specific offences or penalties for breaches. However, any non-compliance with the amended tariff provisions could potentially lead to legal disputes or administrative penalties under the broader customs and tariff legislation. The penalties for breaches of customs laws generally can include fines and, in severe cases, imprisonment, depending on the nature and severity of the offence under the Customs Act 1901. The exact penalties would be determined by the courts or administrative tribunals based on the specific circumstances of the breach.
In summary, the Customs Tariff (New Zealand Preference) (No. 1) 1962 aims to update the legal references within the Customs Tariff to align with the latest Tariff Board Act, ensuring that the preferential treatment of New Zealand goods continues to be legally enforceable. The obligations primarily involve updating the relevant sections to reflect these changes, and while the Act itself does not detail specific penalties, any non-compliance would be subject to the broader legal consequences under existing customs legislation.