CUSTOMS TARIFF (NEW ZEALAND PREFERENCE) (No. 3).
No. 56 of 1961.
An Act to amend the Customs Tariff (New Zealand Preference) 1933-1960, as amended by the Customs Tariff (New Zealand Preference) (No .1) 1961 and by the Customs Tariff (New Zealand Preference) (No. 2) 1961.
[Assented to 24th October, 1961.]
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. 3) 1961.
(2.) The Customs Tariff (New Zealand Preference) 1933-1960, as amended by the Customs Tariff (New Zealand Preference) (No. 1) 1961 and by the Customs Tariff (New Zealand Preference) (No. 2) 1961, is in this Act referred to as the Principal Act.
(3.) Section one of the Customs Tariff (New Zealand Preference) (No. 2) 1961 is amended by omitting sub-section (4.).
(4.) The Principal Act, as amended by this Act, may be cited as the Customs Tariff (New Zealand Preference) 1933-1961.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
3. After section eleven of the Principal Act the following section is inserted:—
Temporary duties.
“11a.—(1.) Where a temporary duty on any goods is provided in the Schedule to this Act, the duty shall cease to operate at the expiration of a period of three months from the date upon which the Minister of State for Trade receives the final report of the Tariff Board upon the reference to that Board with respect to those goods that was pending on the date as from which the duty commenced to be collected.
“(2.) For the purposes of this section, a notification in the Gazette by the Minister of State for Trade, under sub-section (7.) of section seventeen a of the Tariff Board Act 1921-1960, of the fact that he has received the final report of the Board upon a particular reference and of the date upon which he received that report is conclusive evidence of the matters so notified.”.
Overview
The Customs Tariff (New Zealand Preference) (No. 3) Act 1961 was enacted to further amend the Customs Tariff (New Zealand Preference) 1933-1960, as previously modified by two other acts passed in the same year. This Act was introduced to address the need for updating and refining tariff preferences between Australia and New Zealand. Enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act aims to ensure the continued effectiveness and relevance of tariff measures as part of the ongoing economic relationship between the two nations. The policy objective is to maintain and enhance the preferential trade arrangements that foster economic cooperation and integration between Australia and New Zealand.
Scope and Application
The Customs Tariff (New Zealand Preference) (No. 3) 1961 Act amends the Customs Tariff (New Zealand Preference) 1933-1960, as previously amended by the Customs Tariff (New Zealand Preference) (No. 1) 1961 and the Customs Tariff (New Zealand Preference) (No. 2) 1961. It applies to the Commonwealth of Australia and governs the imposition of temporary duties on certain goods originating from New Zealand. This Act is relevant to entities and individuals involved in the importation of goods from New Zealand that are subject to the specified temporary duties. It does not specify any exclusions or exemptions within the text but indicates that the temporary duties will cease to operate three months after the Minister of State for Trade receives the final report of the Tariff Board regarding those goods. The Act’s provisions can be further extended or modified through subordinate instruments, allowing for flexibility in the administration of the temporary duties.
Key Provisions
The Customs Tariff (New Zealand Preference) (No. 3) 1961 Act primarily amends the Customs Tariff (New Zealand Preference) 1933-1960, referred to as the Principal Act, by introducing a new section (section 11a) concerning temporary duties on goods (section 11a(1)). This new section mandates that any temporary duty on specified goods will cease to operate three months after the Minister of State for Trade receives the final report from the Tariff Board regarding those goods (section 11a(1)). The notification of this receipt in the Gazette serves as conclusive evidence of the Minister's receipt of the report (section 11a(2)).
The Act imposes specific obligations on the Minister of State for Trade and the Tariff Board. The Minister must ensure that the temporary duties are correctly applied and must cease these duties upon receiving the Tariff Board's final report, as evidenced by a Gazette notification (section 11a(1) and (2)). The Tariff Board is required to complete its review and submit the final report within the stipulated period, which influences the cessation of the temporary duties (section 11a(1)).
Breaches of the provisions within this Act are not explicitly detailed in the provided text, and thus, specific penalties or consequences for non-compliance are not stated. However, it is reasonable to infer that any failure by the Minister or the Tariff Board to adhere to the specified timelines and procedures could lead to legal challenges or administrative consequences, although the exact nature of these consequences would depend on further legislative provisions or common law principles.