EXPLANATORY STATEMENT
Instrument of Revocation No. 3 (2011)
Customs Act 1901
Section 271 of the Customs Act 1901 (the Act) provides, in part, that where an item of a Customs Tariff is expressed to apply to goods, or to a class or kind of goods, as prescribed by by-law, the Chief Executive Officer of Customs may make by-laws for the purposes of that item. A Customs Tariff is defined in section 4 of the Act to mean an Act imposing duties of customs, that is the Customs Tariff Act 1995 (the Customs Tariff Act).
Section 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument (including rules, regulations or by‑laws) the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Background
The Automotive Competitiveness and Investment Scheme (ACIS) is a Government assistance program for the automotive industry. While the Scheme ended on 31 December 2010 the ACIS Administration Act 1999 (ACIS Act) provides participants with a further twelve months in which to apply ACIS credits against duty payable, or paid, on eligible imported goods.
ACIS has been replaced by Automotive Transformation Scheme (ATS) announced by the Government in November 2008. ATS commenced on 1 January 2011.
Customs By-law No. 0040028 was made for the purposes of item 41E which states:
Goods, as prescribed by by-law, being goods classified under a subheading of heading 8702, 8703 or 8704, including components therefore, imported by a person who owns duty credit under the Automotive Competitiveness and Investment Scheme set out in the ACIS Administration Act 1999 that can be applied in respect of the importation of those goods and who applies that credit to that importation
As the ACIS credits expire on 31 December 2011, By-law No. 0040028 is no longer required.
Instrument
CEO Instrument of Revocation No. 3 (2011) revokes Customs By-law No.0040028.
Consultation
No consultation was undertaken in relation to Instrument of Revocation No. 3 (2011) as it is of a minor and machinery nature and does not alter existing arrangements.
Commencement
CEO instrument of Revocation No. 3 (2011) takes effect on and from 1 January 2012.