Overview

The Tariff Concessions Revocation Instrument 111/2007 was enacted to address the revocation of Tariff Concession Order (TCO) 8803162, which pertains to bars, following a request by Onesteel Manufacturing Pty Ltd. The Customs Act 1901 provides a framework for the creation and revocation of TCOs, which allow for a lower rate of customs duty on specific goods. The Act empowers the Chief Executive Officer of Customs to revoke a TCO if they are satisfied that the applicant is a producer of substitutable goods in Australia and that the TCO would not have been made if the request for revocation had been received on the original application date. This instrument was published in response to Onesteel Manufacturing Pty Ltd's request, and it was made on 28 June 2007, with the revocation taking effect from 1 May 2007. The Instrument was enacted by the Australian Government in accordance with the Customs Act 1901, with the policy objective of ensuring that tariff concessions are only granted when there is no domestic production of substitutable goods.

Scope and Application

The Tariff Concessions Revocation Instrument 111/2007 applies to Tariff Concession Orders (TCOs) under the Customs Act 1901. Specifically, it addresses the revocation of TCO 8803162, which pertains to bars, following a request from Onesteel Manufacturing Pty Ltd. The Act applies to persons or entities that are producers of goods in Australia and are directly impacted by the tariffs and concessions outlined in the Customs Act. The revocation order affects the customs duty rates applicable to the goods covered by the revoked TCO, thereby impacting the relevant industry sectors and transactions involving these goods. The geographic reach of this legislation is national, as it pertains to the customs duties governed under the Commonwealth's authority. The Act does not specify exclusions or exemptions beyond the criteria for revocation outlined in the Act itself, which includes satisfying conditions regarding the production of substitutable goods in Australia. The scope of the Act can be extended or restricted through subordinate instruments, though specific details of such instruments are not elaborated in the provided text.

Key Provisions

The Tariff Concessions Revocation Instrument No. 111/2007 (the Instrument) revokes Tariff Concession Order (TCO) 8803162 under the Customs Act 1901. This revocation was made because Onesteel Manufacturing Pty Ltd applied to the Chief Executive Officer of Customs (the CEO) to revoke the TCO on the basis that they are a producer in Australia of substitutable goods. The CEO must consider such a request and, if satisfied that the applicant is indeed a producer of substitutable goods and that the TCO should not have been made, must revoke the TCO (sections 269SB, 269SC(1) and (3)). The Instrument revokes TCO 8803162, which applied to bars, and this revocation comes into force on the date the revocation request was lodged (sections 269SC(6) and 239SD(8)). Entities subject to the Customs Act 1901, such as Onesteel Manufacturing Pty Ltd, have the right to request the revocation of a TCO if they believe they are a producer of substitutable goods and that the TCO should not have been made. The CEO is required to consider such a request and make an order revoking the TCO if satisfied with the application. The CEO must also publish a notice in a Gazette as soon as practicable after receiving the request, including a statement that a request has been lodged and the full particulars of the TCO (subsection 269SC(1A)). Failure to comply with the obligations imposed by the Customs Act 1901 could result in civil or criminal consequences. However, the explanatory statement does not specify what these consequences might be, nor does it mention any offences, penalties, or maximum penalties for breaches of the Act. The consequences of non-compliance would likely depend on the specific provisions of the Act that were breached and the circumstances of the case. It is important for entities subject to the Act to understand their obligations and to ensure that they comply with the requirements of the Act to avoid any potential consequences.