EXPLANATORY STATEMENT
Tradex Scheme Amendment Act 2010
Proclamation
Subsection 2(1) of the Tradex Scheme Amendment Act 2010 (the Act) provides that Schedule 1 to the Act commences on a day to be fixed by Proclamation. However, if any of the provisions in Schedule 1 do not commence within the period of 6 months beginning on the day the Act receives Royal Assent, they commence on the day after the end of that period. The Act received Royal Assent on 18 November 2010.
The purpose of the proclamation is to fix 13 May 2011 as the day on which Schedule 1 to the Act commences. Schedule 1 contains the operative provisions of the Act.
Introduced in 2000, the objective of the Tradex Scheme is to allow for the importation of goods, without payment of customs duty or other taxes, provided the goods are subsequently exported, or incorporated into other goods that are exported.
The Act amends the Tradex Scheme Act 1999 (the 1999 Act) to clarify the eligibility of partnerships and remove redundant provisions.
Previously the 1999 Act required an applicant for the Tradex Scheme to be a ‘legal’ person who proposes to import goods. The Acts Interpretation Act 1901 provides that a person generally includes a body politic or corporate as well as an individual. While a partnership is a relationship recognized by the law, it is an unincorporated body. The status of partnerships under the Tradex Scheme is therefore unclear.
While partnerships were not explicitly referenced in the legislation, they were not intended to be excluded from the Tradex Scheme. The Act clarifies this position in law.
The Act also contains a minor amendment that removes redundant provisions consistent with the Government’s objective of reducing the regulatory burden.
Fixing the date of effect for the Act to 13 May 2011 enables changes to take effect as at the same day as the registration of the Tradex Scheme Amendment Regulations 2011. This simplified the administration of the changes to the Tradex Scheme.
The Proclamation is a legislative instrument for the purposes of the Legislative Instrument Act 2003.