Customs Tariff (No. 3) 1938

Legislation au C1938A00068 Not in force Act

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CUSTOMS TARIFF (No. 3).

 

No. 68 of 1938.

An Act relating to Duties of Customs.

[Assented to 10th December, 1938.]

BE it enacted by the Kings 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. 3) 1938.

(2.) Section one of the Customs Tariff (No. 2) 1938 is amended by omitting sub-section (4.).

(3.) The Customs Tariff 19331936, as amended by the Customs Tariff 1938 and by the Customs Tariff (No. 2) 1938, is in this Act referred to as the Principal Act.

(4.) The Principal Act, as amended by this Act may be cited as the Customs Tariff 19331938.

Amendment of Tariff.

2. The Schedule to the Principal Act is amended as set out in the Schedule to this Act, and duties of Customs are hereby imposed in accordance with the first-mentioned Schedule as amended by the last-mentioned Schedule.

Time of imposition of duties.

3.—(1.) The time of the imposition of the duties of Customs imposed by this Act (not being duties of Customs the time of the imposition of which is fixed by either of the next two succeeding sub-sections) is the twenty-second day of September, One thousand nine hundred and thirty-eight, at nine oclock in the forenoon, reckoned according to standard time in the Australian Capital Territory, and this Act shall be deemed to have come into operation at that time.

(2.) The time of the imposition of the duties of Customs imposed by this Act in respect of which a date later than the twenty-second day of September, One thousand nine hundred and thirty-eight is specified in the Schedule to this Act (not being duties of Customs the time of the imposition of which is fixed by the next succeeding subsection) is the later date so specified at nine oclock in the forenoon, reckoned according to standard time in the Australian Capital Territory.

(3.) The time of the imposition of the duties of Customs imposed by this Act and set out in the column headed Intermediate Tariff in the Schedule to this Act, upon any goods which are specified in, and are the produce or manufacture of any British or foreign country specified in, a Proclamation which, after the commencement of this section, is issued under section nine a of the Principal Act applying, or varying the application of, the Intermediate Tariff, is the time and date specified in that Proclamation.


THE SCHEDULE. Sec. 2.

 

AMENDMENTS OF THE SCHEDULE TO THE PRINCIPAL ACT.

 

IMPORT DUTIES.

Tariff Items.

British Preferential Tariff.

Intermediate Tariff.

General Tariff.

DIVISION II.—TOBACCO AND MANUFACTURES THEREOF.

19. By omitting the whole of paragraph (1) of sub-item (a) and inserting in its stead the following paragraph:—

 

 

 

(1) For the manufacture of tobacco in which only imported tobacco leaf is used; for the manufacture of tobacco containing less than 13 per cent. by weight of stemmed Australian-grown tobacco leaf (or its equivalent in terms of un-stemmed tobacco leaf) to the total stemmed tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) used—

 

 

 

(a) Unstemmed----------------------per lb.

5s.

5s.

5s.

(b) Stemmed, or partly stemmed, or in strips

per lb.

5s. 6d.

5s. 6d.

5s. 6d.

And in respect of paragraph (1)—

 

 

 

On and after 1st October, 1938

 

 

 

(1) For the manufacture of tobacco in which only imported tobacco leaf is used; for the manufacture of tobacco containing less than 15 per cent. by weight of stemmed Australian-grown tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) to the total stemmed tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) used—

(a) Unstemmed----------------------per lb.

5s.

5s.

5s.

(b) Stemmed, or partly stemmed, or in strips

per lb.

5s. 6d.

5s. 6d.

5s. 6d.

By omitting the whole of paragraph (1) of sub-item (b) and inserting in its stead the following paragraph:—

 

 

 

(1) For the manufacture of cigarettes in which only imported tobacco leaf is used; for the manufacture of cigarettes containing less than 2 per cent. by weight of stemmed Australian-grown tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) to the total stemmed tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) used—

 

 

 

(a) Unstemmed----------------------per lb.

6s. 7d.

6s. 7d.

6s. 7d.

(b) Stemmed, or partly stemmed, or in strips

per lb.

7s. 1d.

7s. 1d.

7s. 1d.

And in respect of paragraph (1)—

 

 

 

On and after 1st October, 1938

 

 

 

(1) For the manufacture of cigarettes in which only imported tobacco leaf is used; for the manufacture of cigarettes containing less than 3 per cent. by weight of stemmed Australian-grown tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) to the total stemmed tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) used—

(a) Unstemmed----------------------per lb.

6s. 7d.

6s. 7d.

6s. 7d.

(b) Stemmed, or partly stemmed, or in strips

per lb.

7s. 1d.

7s. 1d

7s. 1d.


Import Duties.continued.

Tariff Items.

British Preferential Tariff.

Intermediate Tariff.

General Tariff.

Division II.—Tobacco and Manufactures thereofcontinued.

20. By omitting the whole of sub-item (a) and inserting in its stead the following sub-item:—

 

 

 

(a) The manufacture of the United Kingdom, containing not less than 13 per cent. by weight of stemmed Australian-grown tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) to the total stemmed tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) used in the manufacture of such tobacco              per lb.

9s. 3d.

..

..

And in respect of sub-item (a)—

 

 

 

On and after 1st January, 1939

 

 

 

(a) The manufacture of the United Kingdom, containing not less than 15 per cent. by weight of stemmed Australian-grown tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) to the total stemmed tobacco leaf (or its equivalent in terms of-unstemmed tobacco leaf) used in the manufacture of such tobacco              per lb.

 

 

 

21. By omitting the whole of sub-item (a) and inserting in its stead the following sub-item:—

 

 

 

(a) The manufacture of the United Kingdom, containing not less than 13 per cent. by weight of stemmed Australian-grown tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) to the total stemmed tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) used in the manufacture of such tobacco              per lb.

9s.

..

..

And in respect of sub-item (a)—

 

 

 

On and alter 1st January, 1939

 

 

 

(a) The manufacture of the United Kingdom, containing not less than 15 per cent. by weight of stemmed Australian-grown tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) to the total stemmed tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) used in the manufacture of such tobacco              per lb.

9s.

..

..

22. By omitting the whole of sub-item (a) and inserting in its stead the following sub-item:—

 

 

 

(a) The manufacture of the United Kingdom, containing not less than 2 per cent. by weight of stemmed Australian-grown tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) to the total stemmed tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) used in the manufacture of such cigarettes or fine cut tobacco              per lb.

16s.

..

..

And in respect of sub-item (a)

 

 

 

On and after 1st January, 1939

(a) The manufacture of the United Kingdom, containing not less than 3 per cent. by weight of stemmed Australian-grown tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) to the total stemmed tobacco leaf (or its equivalent in terms of unstemmed tobacco leaf) used in the manufacture of such cigarettes or fine out tobacco              per lb.

16s.

..

..

 

Overview

The Customs Tariff (No. 3) 1938 is an Act that amends the Customs Tariff 1933–1936 to adjust import duties, particularly those related to tobacco and its manufactures. Enacted by the Parliament of Australia, this Act seeks to provide more detailed and specific regulations on the import duties for tobacco products, which include tobacco leaf, cigarettes, and fine cut tobacco. The objective appears to be to refine and update the existing tariff structure to reflect changes in trade policies and possibly to address emerging economic conditions during the period. The amendments in this Act specifically target the British Preferential Tariff, Intermediate Tariff, and General Tariff, indicating a comprehensive approach to updating customs duties across different categories of imported tobacco products. The Act came into operation on the 22nd of September, 1938, with subsequent duties imposed on specified dates as outlined within the Act.

Scope and Application

The Customs Tariff (No. 3) 1938 is a Commonwealth Act that pertains to the imposition of customs duties on imported goods. The Act applies to all entities and individuals involved in the importation of goods into Australia, thereby affecting a broad range of industries and transactions that involve the importation of goods. The scope of the Act is national, as it applies across all states and territories within Australia. The Act amends the existing Customs Tariff by imposing new or altered duties on specific goods, particularly focusing on tobacco and its manufactures. The amendments include changes to the tariffs for tobacco products based on the percentage of Australian-grown tobacco leaf used in their manufacture, with different rates applied to unstemmed and stemmed tobacco. The Act specifies the dates on which the amended duties take effect, with some duties coming into force on 22 September 1938, while others are effective from later dates specified in the Schedule or under subsequent proclamations. The Act does not explicitly mention any exclusions, exemptions, or thresholds, but it allows for the extension or restriction of its application through subordinate instruments, such as proclamations under section nine a of the Principal Act.

Key Provisions

The Customs Tariff (No. 3) 1938 (referred to as the Act) amends the existing Customs Tariff, specifically the Customs Tariff 1933–1936, and introduces new duties of Customs. Section 2 of the Act modifies the Schedule to the Principal Act, setting out the revised tariff rates for various goods, including tobacco and its manufactures. The imposition of these duties is specified in section 3, with the general effective date being 22 September 1938, at 9 am Australian Capital Territory time, unless otherwise stated in the Schedule. The Act imposes several obligations on parties involved in the import and manufacture of goods subject to these tariffs. Importers and manufacturers must ensure compliance with the new tariff rates as outlined in the amended Schedule. This includes adhering to the specific percentages of Australian-grown tobacco leaf required for certain tobacco products to qualify for preferential tariff rates. Failure to comply with these requirements may result in the imposition of higher tariff rates, as set out in the General Tariff rates for goods not meeting the specified criteria. Breaches of the Act, such as the non-compliance with the specified tariff rates or fraudulent activities related to the importation or manufacture of goods, may lead to civil and criminal penalties. Although the Act does not explicitly state the maximum penalties for such breaches, under Australian law, penalties for contravening customs regulations can include substantial fines and, in severe cases, imprisonment. The precise penalties would depend on the specific nature and severity of the breach, as well as any relevant provisions in other applicable legislation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.