Customs Tariff (Safeguard Goods) Notice (No. 2) 2008

Overview

The Customs Tariff (Safeguard Goods) Notice (No 2) 2008, enacted under the authority of the Minister for Agriculture, Fisheries and Forestry, addresses the issue of excessive imports of certain types of fish, specifically prepared or preserved tunas, skipjack and bonito (Sarda spp.) from Thailand, which could potentially disrupt the Australian market. This legislative measure was introduced to comply with the Special Agricultural Safeguard (SSG) provisions outlined in the Thailand-Australia Free Trade Agreement (TAFTA). By applying additional duties on imports that exceed a specified volume within a calendar year, the notice aims to protect Australian industries from sudden surges in imports that could cause harm. The notice was developed following consultations with relevant government departments and industry stakeholders, ensuring that the interests of both the industry and consumers are considered. The Office of Regulation Review determined that a Regulation Impact Statement was not necessary for this administrative measure.

Scope and Application

The Customs Tariff (Safeguard Goods) Notice (No 2) 2008 applies to imports of specified goods from Thailand, specifically prepared or preserved tunas, skipjack, and bonito (Sarda spp.) classified under subheading 1604.14.00 in Schedule 3 to the Customs Tariff Act 1995. This notice is enacted under section 16A (1) of the Customs Tariff Act 1995, allowing for the application of additional duties when the volume of these imports exceeds a specified threshold for a given calendar year. This measure is part of the Special Agricultural Safeguard provisions of the Thailand-Australia Free Trade Agreement (TAFTA). The application of these additional duties is contingent on the Minister for Agriculture, Fisheries and Forestry publishing a notice once the volume of the specified imports has been exceeded. The notice extends its jurisdictional reach across the Commonwealth of Australia, applying uniformly to the entities and industries involved in the import of these goods. The notice does not specify any exclusions or exemptions, meaning that all imports of the specified goods beyond the threshold volume are subject to the additional duties. The application of this notice can be extended or further defined through subordinate instruments, although such extensions or restrictions are not detailed in the provided text.

Key Provisions

The Customs Tariff (Safeguard Goods) Notice (No 2) 2008 (No 2 Notice) operates under the provisions of the Customs Tariff Act 1995 and applies to imports of specific types of tuna from Thailand, classified under subheading 1604.14.00 in Schedule 3. According to section 16A(1) of the Customs Tariff Act 1995, additional duties can be applied under the Special Agricultural Safeguard (SSG) provisions of the Thailand-Australia Free Trade Agreement (TAFTA) once a specified volume of imports is exceeded in a given calendar year. This is to protect Australian industries from sudden surges in imports. If the Minister for Agriculture, Fisheries and Forestry issues a notice stating that the volume of such goods imported from Thailand has exceeded the threshold for the year, additional duties apply to further imports of these goods for that year. This notice is specifically for prepared or preserved tunas, skipjack, and bonito (Sarda spp.) from Thailand. The obligations imposed by the No 2 Notice on the parties it governs are primarily related to compliance with the additional duties that come into effect once the specified volume of imports is exceeded. Importers and exporters of these safeguard goods must be aware of the volume thresholds and the notice issued by the Minister. Upon the publication of the notice, they must ensure that any further imports of these goods are subject to the additional duties specified. The notice also requires that the Department of Foreign Affairs and Trade and the Australian Customs Service are consulted in the process of determining and implementing these safeguard measures. Furthermore, a formal consultation process with registered industry stakeholders was undertaken to ensure that the notice's implications on business were considered. The consequences for non-compliance with the No 2 Notice can be both civil and criminal, depending on the severity and intent of the breach. Under Australian law, failure to adhere to the additional duties specified by the notice can lead to penalties. While specific penalties are not detailed in the notice itself, breaches of the Customs Tariff Act 1995 can result in fines and, in severe cases, imprisonment. The precise penalties would be determined by the courts based on the nature of the breach and applicable laws. The notice underscores the importance of accurate reporting and timely compliance to avoid any legal repercussions.