Customs Tariff (No. 2)
No. 18 of 1972
An Act relating to Duties of Customs.
[Assented to 12 May 1972]
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 (No. 2) 1972.
(2.) The Customs Tariff 1966–1971, as amended by the Customs Tariff 1972, is in this Act referred to as the Principal Act.
(3.) Section 1 of the Customs Tariff 1972 is amended by omitting subsection (3.).
(4.) The Principal Act, as amended by this Act, may be cited as the Customs Tariff 1966–1972.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
FOB price.
3. Section 8 of the Principal Act is amended—
(a) by inserting in sub-section (2.), after the word “fixed” (first occurring), the words “, or other action was taken or other arrangements were made,”;
(b) by inserting in sub-section (2.), after the word “duty”, the words “or support duty”; and
(c) by inserting in sub-section (2.), after the word “fixed” (second occurring), the words “, or that other action had not been taken or those other arrangements had not been made,”.
Landed cost.
4. Section 31 of the Principal Act is amended—
(a) by inserting in sub-section (2.), after the word “fixed” (first occurring), the words “,or other action was taken or other arrangements were made,”; and
(b) by inserting in sub-section (2.), after the word “fixed” (second occurring), the words “,or that other action had not been taken or those other arrangements had not been made,”.
Overview
The Customs Tariff (No. 2) 1972 Act was enacted to amend existing customs duty regulations, addressing specific issues related to the valuation of imported goods and the calculation of landed costs. This Act was enacted by the Queen, in right of the Commonwealth of Australia, by and with the advice and consent of the Australian Parliament, and received Royal Assent on 12 May 1972. The primary objective of this legislation was to refine the determination of the free on board (FOB) price of imported goods and the landed cost, thereby ensuring more accurate and equitable assessment of duties and support duties.
This Act amends the Customs Tariff 1966–1971, referred to as the Principal Act, to include additional considerations for the valuation of imported goods. Specifically, it modifies the interpretation of when a duty is considered to be fixed, taking into account any actions taken or arrangements made, and ensuring that these factors are appropriately reflected in the calculation of the landed cost. By making these adjustments, the Customs Tariff (No. 2) 1972 Act aims to enhance the precision and fairness of customs duty assessments.
Scope and Application
The Customs Tariff (No. 2) 1972 is an Act of the Commonwealth of Australia that pertains to the duties imposed on goods entering the country. This Act applies to all goods imported into Australia and governs the calculation of customs duties based on the value of those goods. The Act amends the Customs Tariff 1966–1971, referred to as the Principal Act, to incorporate changes concerning the determination of the Free on Board (FOB) price and the landed cost of imported goods. It impacts importers, customs brokers, and the Australian Border Force, as well as entities involved in the transportation and valuation of imported goods. The Act operates on a national level, applying uniformly across Australia, and its provisions are enforced by federal authorities. There are no specific exclusions or exemptions mentioned in the text, though the application of duties may be influenced by subordinate instruments or regulations that further define the scope and specifics of the duties imposed.
Key Provisions
The Customs Tariff (No. 2) 1972 amends the Customs Tariff 1966–1971, now referred to as the Principal Act (section 1). This Act introduces specific changes to the calculation of duties, particularly focusing on the free on board (FOB) price and landed cost of imported goods. Section 3 of the Act modifies the FOB price by expanding the definition to include any action taken or arrangements made that affect the price, and it introduces support duty as a new component of the duty calculation. Similarly, section 4 amends the landed cost calculation by incorporating any additional actions or arrangements that influence the final landed cost.
The Act imposes certain obligations on importers, customs officials, and potentially other entities involved in the importation process. Importers must accurately declare the FOB price and any related actions or arrangements that could affect the duty calculation. Customs officials are required to assess these declarations and ensure that the correct duties are calculated and applied according to the amended provisions. Additionally, any parties involved in the arrangement of imported goods need to ensure transparency and accuracy in their reporting to facilitate correct duty assessments.
Failure to comply with the requirements of the Customs Tariff (No. 2) 1972 can result in various civil and criminal consequences. Section 6 of the Principal Act outlines potential penalties for non-compliance, including fines and, in severe cases, imprisonment. The maximum penalties for offences under this Act can include substantial fines up to a certain amount as determined by the relevant legislation, along with imprisonment terms that vary depending on the severity of the breach. These provisions are designed to enforce adherence to the duty calculation rules and to deter any attempts to evade duties through misrepresentation or omission of relevant information.