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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs and Other Legislation
Amendment Bill 2016
No. , 2016
(Immigration and Border Protection)
A Bill for an Act to amend the law relating to
customs, trade descriptions and maritime powers,
and for related purposes
No. , 2016
Customs and Other Legislation Amendment Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Import processing charges
3
Customs Act 1901
3
Schedule 2--Permissions to move, alter or interfere with goods
for export
5
Customs Act 1901
5
Schedule 3--Tariff concession orders
6
Customs Act 1901
6
Schedule 4--Delivery of goods
7
Customs Act 1901
7
Schedule 5--Trade descriptions
8
Commerce (Trade Descriptions) Act 1905
8
Schedule 6--Maritime powers
9
Maritime Powers Act 2013
9
No. , 2016
Customs and Other Legislation Amendment Bill 2016
1
A Bill for an Act to amend the law relating to
1
customs, trade descriptions and maritime powers,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Customs and Other Legislation
6
Amendment Act 2016.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Customs and Other Legislation Amendment Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Import processing charges Schedule 1
No. , 2016
Customs and Other Legislation Amendment Bill 2016
3
Schedule 1--Import processing charges
1
2
Customs Act 1901
3
1 At the end of section 71B
4
Add:
5
Exemptions from charge
6
(4) The Minister may, by legislative instrument, determine one or
7
more of the following:
8
(a) that specified persons are exempt from liability to pay import
9
declaration processing charge;
10
(b) that persons are exempt from liability to pay import
11
declaration processing charge in respect of import
12
declarations relating to specified goods;
13
(c) that specified persons are exempt from liability to pay import
14
declaration processing charge in respect of import
15
declarations relating to specified goods.
16
(5) An instrument under subsection (4) takes effect on the day
17
specified in the instrument (which may be earlier or later than the
18
day the instrument is made).
19
Refund of charge
20
(6) If:
21
(a) a person pays an amount of import declaration processing
22
charge on or after the day an instrument under subsection (4)
23
takes effect; and
24
(b) the person is exempt from liability to pay that amount of
25
charge because of that instrument;
26
the Comptroller-General of Customs must, on behalf of the
27
Commonwealth, refund to the person an amount equal to the
28
amount of charge paid.
29
Debt
30
(7) An amount of import declaration processing charge that a person is
31
liable to pay:
32
Schedule 1 Import processing charges
4
Customs and Other Legislation Amendment Bill 2016
No. , 2016
(a) is a debt due by the person to the Commonwealth; and
1
(b) may be recovered by action in a court of competent
2
jurisdiction.
3
2 At the end of section 71DI
4
Add:
5
Debt
6
(4) An amount of warehouse declaration processing charge that a
7
person is liable to pay:
8
(a) is a debt due by the person to the Commonwealth; and
9
(b) may be recovered by action in a court of competent
10
jurisdiction.
11
Permissions to move, alter or interfere with goods for export Schedule 2
No. , 2016
Customs and Other Legislation Amendment Bill 2016
5
Schedule 2--Permissions to move, alter or
1
interfere with goods for export
2
3
Customs Act 1901
4
1 Subsection 119AA(1)
5
After "applies to goods", insert "if".
6
2 Paragraph 119AA(1)(a)
7
Omit "that", substitute "the goods".
8
3 Paragraphs 119AA(1)(b) and (c)
9
Repeal the paragraphs, substitute:
10
(b) either:
11
(i) the goods have been entered for export and an authority
12
to deal with the goods is in force; or
13
(ii) the goods are the subject of a permission in force under
14
subsection 96A(2).
15
4 Application provision
16
The amendments made by this Schedule apply in relation to an
17
application made under subsection 119AA(2) of the Customs Act 1901
18
on or after the commencement of this item to move, alter or interfere
19
with goods on or after that commencement, whether:
20
(a) the goods were entered for export before, on or after that
21
commencement; or
22
(b) the authority to deal with the goods was given before, on or
23
after that commencement; or
24
(c) the permission under subsection 96A(2) of that Act was
25
given before, on or after that commencement.
26
Schedule 3 Tariff concession orders
6
Customs and Other Legislation Amendment Bill 2016
No. , 2016
Schedule 3--Tariff concession orders
1
2
Customs Act 1901
3
1 Subsection 269D(1)
4
Repeal the subsection, substitute:
5
(1) For the purposes of this Part, goods, other than unmanufactured
6
raw products, are taken to be produced in Australia if the goods are
7
wholly or partly manufactured in Australia.
8
2 Subsections 269D(4) and (5)
9
Repeal the subsections.
10
3 Subsection 269E(2)
11
Repeal the subsection, substitute:
12
(2) For the purposes of this Part, substitutable goods, in respect of
13
goods the subject of a TCO application, are taken to have been
14
produced in Australia in the ordinary course of business if:
15
(a) a producer in Australia could produce substitutable goods, in
16
respect of goods the subject of the TCO application, with
17
existing facilities; and
18
(b) the substitutable goods the producer could produce would be
19
made-to-order capital equipment; and
20
(c) in the 5 years before the application was lodged, the producer
21
has made goods requiring the same labour skills, technology
22
and design expertise as the substitutable goods the producer
23
could produce; and
24
(d) the producer is prepared to accept an order to supply
25
substitutable goods in respect of goods the subject of the
26
TCO application.
27
4 Application provision
28
The amendments made by this Schedule apply in relation to an
29
application under section 269F of the Customs Act 1901, or a request
30
under section 269SB of that Act, that is made on or after the
31
commencement of this item.
32
Delivery of goods Schedule 4
No. , 2016
Customs and Other Legislation Amendment Bill 2016
7
Schedule 4--Delivery of goods
1
2
Customs Act 1901
3
1 Subsection 162A(5A)
4
Repeal the subsection.
5
2 Subsection 162A(8)
6
Omit "or (5A)(a) or (b)".
7
3 Subsection 162B(3)
8
Omit "the provisions of subsections (5), (5A) and (6) of section 162A",
9
substitute "subsections 162A(5) and (6)".
10
Schedule 5 Trade descriptions
8
Customs and Other Legislation Amendment Bill 2016
No. , 2016
Schedule 5--Trade descriptions
1
2
Commerce (Trade Descriptions) Act 1905
3
1 Subsection 5(1)
4
Omit "all prescribed goods", substitute "goods that are, or that the
5
officer reasonably believes are, goods prescribed by the regulations".
6
2 Section 16
7
Omit "Governor-General", substitute "Minister".
8
3 Section 17
9
Before "The", insert "(1)".
10
4 At the end of section 17
11
Add:
12
(2) Without limiting subsection (1), the regulations may prescribe
13
penalties, not exceeding 50 penalty units, for offences against the
14
regulations.
15
5 Transitional provision
16
Regulations in force under section 17 of the Commerce (Trade
17
Descriptions) Act 1905 immediately before the commencement of this
18
item continue in force on and after that commencement as if they were
19
regulations in force under subsection 17(1) of that Act.
20
Maritime powers Schedule 6
No. , 2016
Customs and Other Legislation Amendment Bill 2016
9
Schedule 6--Maritime powers
1
2
Maritime Powers Act 2013
3
1 Section 40
4
Before "This Act", insert "(1)".
5
2 At the end of section 40
6
Add:
7
(2) Subsection (1) does not apply to an exercise of powers if:
8
(a) the exercise of powers:
9
(i) is part of a continuous exercise of powers that
10
commenced in accordance with any applicable
11
requirements of this Part (disregarding this subsection);
12
and
13
(ii) occurs in the course of passage of a vessel or aircraft
14
through or above waters that are part of a country; and
15
(b) a relevant maritime officer, or the Minister, considers that the
16
passage is in accordance with the Convention.
17
Note 1:
The definition of country in section 8 includes the territorial sea and
18
any archipelagic waters of the country.
19
Note 2:
The fact that the Minister considers that passage of a particular vessel
20
or aircraft through or above waters that are part of a country is in
21
accordance with the Convention may (for example) be apparent from
22
the terms of a direction given under section 75F.
23
(3) An exercise of powers in reliance (or purported reliance) on
24
subsection (2) is not invalid because of a defective consideration of
25
the Convention.
26
3 Application provisions
27
(1)
The amendments of the Maritime Powers Act 2013 made by this
28
Schedule apply in relation to the exercise of powers under that Act after
29
the commencement of this Schedule, even if:
30
(a) an authorisation for the exercise of the powers was given
31
under Division 2 of Part 2 of that Act before the
32
commencement of this Schedule; or
33
(b) the powers are exercised:
34
Schedule 6 Maritime powers
10
Customs and Other Legislation Amendment Bill 2016
No. , 2016
(i) in the course of a continuous exercise of powers that
1
started before the commencement of this Schedule; or
2
(ii) without limiting subparagraph (i)--in relation to a
3
person, vessel or aircraft who or that started to be
4
detained, or otherwise held, under Division 7 or 8 of
5
Part 3 of the Maritime Powers Act 2013 before that
6
commencement; or
7
(iii) in any other situation in relation to which powers were
8
(or could have been) exercised under that Act before
9
that commencement.
10
(2)
The amendments of the Maritime Powers Act 2013 made by this
11
Schedule do not, by implication, affect the interpretation of that Act, as
12
in force before the commencement of this Schedule, in relation to the
13
exercise of powers under that Act before that commencement.
14
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