Overview
The Tariff Concession Order, F2012L00496, was enacted in 2012 to provide tariff concessions on certain goods under the Customs Act 1901. This legislative instrument was introduced to address a specific need for tariff adjustments to facilitate trade and economic relations by reducing the tariff burden on particular imported goods. The order was made by Wendy Knowles, a delegate of the Chief Executive Officer, pursuant to section 269P of the Customs Act 1901. The policy objective behind this measure is to enhance the competitiveness of Australian industries by lowering the cost of imported inputs, thereby aligning with broader economic strategies aimed at promoting trade efficiency and economic growth.
The Tariff Concession Order applies to goods specified in the table, which includes metal cutting machine tools with cubic boron nitride inserts, classified under the Customs Tariff Classification 8209.00.00. This concession is effective from 14 October 2011 and will remain in force until it is revoked under sections 269SC or 269SD of the Customs Act 1901, or until a specified date if mentioned in the table. The order is designed to support Australian industries by making certain imported goods more affordable, thereby facilitating their integration into domestic production processes.
Scope and Application
The Tariff Concession Order, as declared under Section 269P of the Customs Act 1901 by Wendy Knowles, a delegate of the Chief Executive Officer, pertains specifically to the goods detailed in Column 1 of the accompanying table, with their respective customs tariff classifications, and their corresponding item numbers in Part III of Schedule 4 of the Customs Tariff Act 1995. This Order is applicable to these particular goods and their classification as listed in the table, with an effective date from 14 October 2011, and it will remain in force until it is revoked pursuant to sections 269SC or 269SD of the Customs Act 1901, or until the specified date noted in Column 2. The scope of this Order is limited to the goods explicitly listed, ensuring that it applies only to those items and not to any others. The Order does not extend to goods outside the table's scope or those not specified within the parameters set by the Customs Tariff Act 1995. Any further application or restriction of the Order is governed by the provisions of the relevant acts and may be subject to modifications through subordinate instruments as necessary.
Key Provisions
The Tariff Concession Order, declared under Section 269P of the Customs Act 1901, specifies the goods that qualify for certain tariff concessions as outlined in the Customs Tariff Act 1995. According to the table within this Order, the goods in Column 1 are granted the tariff concessions listed in Column 2 of Schedule 4. The Order, which comes into effect from 14 October 2011, will remain in force until it is revoked under sections 269SC or 269SD of the Customs Act, or until a specified date if noted in Column 2 of the table. The table identifies specific goods, such as "Inserts, metal cutting machine tool, cubic boron nitride" under the Customs Tariff Classification 8209.00.00, and associates them with a particular Schedule 4 item number, in this case, 113460350.
The obligations imposed by this Order on the parties and entities it governs are primarily focused on ensuring that the specified goods are correctly identified and that the tariff concessions are applied as per the Schedule 4 item numbers provided. This includes ensuring that the goods listed in Column 1 of the table are accurately classified and that the corresponding tariff concessions in Column 2 are correctly implemented during customs procedures. This requires compliance with the provisions of the Customs Act 1901 and the Customs Tariff Act 1995, ensuring that the goods are subject to the correct tariff rates and regulations.
The Order also includes provisions that outline potential consequences for non-compliance. Offences under the Customs Act 1901 may include the imposition of fines or other penalties as specified by the legislation. For instance, if goods are incorrectly classified or if tariff concessions are not applied correctly, this could result in financial penalties or other legal consequences. The maximum penalties for breaches of the Customs Act 1901 can be substantial, reflecting the importance of accurate customs compliance. While the specific penalties are not detailed within the Order itself, they are governed by the broader provisions of the Act, which may include fines up to several thousand Australian dollars, depending on the severity of the breach. The enforcement of these penalties serves as a deterrent against non-compliance and ensures that the tariff concessions are applied correctly to the specified goods.