Import Processing Charges Amendment Act 2000
No. 3, 2000
Import Processing Charges Amendment Act 2000
No. 3, 2000
An Act to amend the Import Processing Charges Act 1997, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendment of the Import Processing Charges Act 1997
Import Processing Charges Amendment Act 2000
No. 3, 2000
An Act to amend the Import Processing Charges Act 1997, and for related purposes
[Assented to 29 February 2000]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Import Processing Charges Amendment Act 2000.
2 Commencement
(1) Subject to subsections (2), (3) and (4), this Act commences on the day on which it receives the Royal Assent.
(2) Item 1 of Schedule 1 is taken to have commenced on 26 February 1997.
(3) Subject to subsection (4), items 2 to 7 of Schedule 1 commence on a day to be fixed by Proclamation.
(4) If the items to which subsection (3) applies do not commence within 6 months after the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Import Processing Charges Act 1997
1 Section 3 (paragraph (a) of the definition of line)
After “documentary” (wherever occurring), insert “or electronic”.
2 Section 3
Insert:
low value cargo has the same meaning as in section 63A of the Customs Act.
3 Section 3
Insert:
mail‑order house has the same meaning as in section 63A of the Customs Act.
4 Section 3
Insert:
reportable document has the same meaning as in section 63A of the Customs Act.
5 Section 3
Insert:
special reporter has the same meaning as in section 63A of the Customs Act.
6 Section 7
Repeal the section, substitute:
7 Amount of screening charge
The amount of screening charge payable in respect of a documentary or electronic report that is, or is a part of, a cargo report is:
(a) unless paragraph (b), (c) or (d) applies, or the report or that part of the report that relates to goods in respect of which, in accordance with subsection 64ABC(1A) of the Customs Act, there is no liability for screening charge—$2.40 for each line of the documentary or electronic report that relates to a consignment of goods of a kind referred to in paragraph 68(1)(f) of the Customs Act or such other amount for each such line, not exceeding $3.60, as is prescribed; and
(b) if the report is made by a special reporter at the level of specificity of an ocean bill of lading or of a master or submaster air waybill, in relation to low value cargo consigned from a mail‑order house to which the registration of that special reporter applies—$45 for the report or such other amount, not exceeding $67.50, as is prescribed; and
(c) if the report is made by a special reporter at the level of specificity of an ocean bill of lading or of a master or submaster air waybill, in relation to low value cargo comprising reportable documents to which the registration of that special reporter applies—$45 for the report or such other amount, not exceeding $67.50, as is prescribed; and
(d) if the report is made by a special reporter at the level of specificity of an ocean bill of lading or of a master or submaster air waybill, in relation to low value cargo of any other kind to which the registration of that special reporter applies—such amount in respect of each report, not exceeding $67.50, as is prescribed.
7 Saving provision
Despite the repeal of section 7 of the Import Processing Charges Act 1997 as in force immediately before the commencement of items 2 to 6 of this Schedule, the liability of any person to pay charge under that section as so in force in respect of any cargo report made before that commencement continues to exist as if the repeal had not been made.
[Minister’s second reading speech made in—
House of Representatives on 25 March 1999
Senate on 24 May 1999]
Overview
The Import Processing Charges Amendment Act 2000, enacted by the Parliament of Australia, is an Act aimed at amending the Import Processing Charges Act 1997 to refine and update the charges associated with processing imports. The 2000 Amendment Act was introduced to address the need for more precise definitions and updated charge structures within the existing legislative framework, thereby ensuring that the import processing charge system remained effective and aligned with current commercial practices. The primary policy objective of the Act was to enhance the clarity and efficiency of the import processing charges, reflecting changes in trade practices and technology, particularly the increased use of electronic documentation.
The Import Processing Charges Amendment Act 2000 introduced several amendments to the Import Processing Charges Act 1997, including the addition of new definitions and adjustments to the charge amounts for different types of import reports. These changes were intended to provide a more streamlined and transparent system for importers and customs officials alike. The Act was designed to maintain the balance between administrative efficiency and the practical needs of the import industry.
Scope and Application
The Import Processing Charges Amendment Act 2000 amends the Import Processing Charges Act 1997, applying to entities and individuals involved in the import of goods into Australia, specifically those who are required to submit cargo reports, including special reporters, mail-order houses, and importers. The Act's scope includes the imposition and calculation of charges for the screening of cargo reports, adjusting the rates and conditions under which these charges apply. It applies nationally across Australia, with the changes taking effect as per the provisions outlined in the Act, particularly the commencement sections. The Act includes specific exclusions and exemptions related to the types of cargo reports and the entities involved, such as low-value cargo consigned from mail-order houses, which may attract different charge rates. The application and interpretation of the Act may be further refined through subordinate legislation, which would provide additional detail and administrative guidance.
Key Provisions
The Import Processing Charges Amendment Act 2000 amends the Import Processing Charges Act 1997 by inserting new definitions into the 1997 Act. Section 3 of the 1997 Act is amended to include definitions for terms such as "electronic," "low value cargo," "mail-order house," "reportable document," and "special reporter," aligning them with the Customs Act (sections 1 to 5 of Schedule 1). Furthermore, section 7 of the 1997 Act is repealed and replaced with a new provision that sets the amount of the screening charge payable for documentary or electronic reports, depending on the type of report and the specific circumstances of the cargo (section 6 of Schedule 1). This new charge structure applies to reports made after the commencement of these amendments.
The Act imposes obligations on entities involved in the importation process, particularly those responsible for submitting cargo reports. Importers, exporters, and customs brokers must now adhere to the updated definitions and charge structures outlined in the amended Import Processing Charges Act 1997. For instance, they must correctly identify the type of report being submitted and ensure that the appropriate screening charge is applied based on the new criteria, such as the level of specificity and the nature of the cargo. Additionally, special reporters must be registered and comply with the new charge rates for specific types of low-value cargo reports.
Failure to comply with the requirements set out in the Import Processing Charges Amendment Act 2000 may result in financial penalties. While the Act itself does not explicitly state the penalties for non-compliance, the original Import Processing Charges Act 1997 likely includes provisions for penalties, which could apply to breaches of the amended sections. Typically, penalties for non-compliance with customs-related legislation can include fines, and in severe cases, criminal charges. The exact penalties would depend on the nature and severity of the breach, but they could range from monetary fines to potential imprisonment for wilful or repeated offences.