Commonwealth Numbered Acts

CUSTOMS TARIFF AMENDMENT ACT 1978 No. 2 of 1978 - SECT 3

3. (1) Section 34 of the Principal Act is repealed and the following section
substituted: Temporary rates
''34. (1) Where-

   (a)  a rate of duty set out in column 3 or column 4 of Part II, or column 4
        of Part III, of Schedule 1, in column 6 of Schedule 4 or in column 4
        of Schedule 5 in relation to any goods is referred to in that column
        as a temporary duty;

   (b)  the imposition of the duty was specified by the Minister in a notice
        published in the Gazette in pursuance of sub-section (3) of section
        30B of the Industries Assistance Commission Act 1973 as assistance
        that had commenced to be provided to an industry; and

   (c)  the Minister has received a report of the Industries Assistance
        Commission-

        (i)    in pursuance of a reference to that Commission that, by virtue
               of section 30C of the
               Industries Assistance Commission Act 1973, was required to be
               made to the Commission forthwith after assistance consisting of
               or including that duty commenced to be provided to an industry;
               or

        (ii)   in pursuance of a request by the Minister under section 30E of
               that Act in relation to assistance to an industry consisting of
               or including that duty, the rate ceases to operate at the
               expiration of the period of 3 months commencing on the date on
               which the Minister received the report referred to in paragraph
               (c).

''(2) For the purposes of sub-section (1), a notification by the Minister in
the Gazette under sub-section (3) of section 30F of the Industries Assistance 
Commission Act 1973 of the fact that he received the report of the Industries
Assistance Commission in pursuance of a particular reference or request and of
the date upon which he received that report is conclusive evidence of the
matters so notified.

''(3) The reference in paragraph (b) of sub-section (1) to the imposition of a
duty shall be read as including a reference to-

   (a)  the tabling in the Parliament of a proposal for a Customs Tariff
        alteration to impose that duty; and

   (b)  the publication in the Gazette, in pursuance of section 273EA of the
        Customs Act 1901, of a notice of intention to propose a Customs Tariff
        alteration to impose that duty.

''(4) In this section, 'Minister' means the Minister administering the
Industries Assistance Commission Act 1973.''.

(2) Notwithstanding the repeal effected by sub-section (1), section 34 of the
Principal Act continues to apply in relation to-

   (a)  duties that commenced to be collected before the commencement of this
        Act in pursuance of action taken under section 29 of the
        Industries Assistance  Commission Act 1973 ; and

   (b)  duties that commenced to be collected after the commencement of this
        Act in pursuance of action taken under section 29 of the
        Industries Assistance  Commission Act 1973 as continued in force by
        section 18 of the Industries  Assistance Commission Amendment Act 1978
        .

(3) In the application of section 34 of the Principal Act by virtue of
sub-section (2) of this section, the reference in sub-section 34 (2) of the
Principal Act to sub-section (4) of section 29 of the Industries Assistance 
Commission Act 1973 shall be read as a reference to sub-section (4) of
section  29 of the Industries Assistance Commission Act 1973 as in force at
any relevant time before the commencement of the
Industries Assistance Commission  Amendment Act 1978 or as continued in force
by section 18 of that last-mentioned Act.
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