CUSTOMS TARIFF AMENDMENT ACT 1983 No. 32, 1983
Customs Tariff Amendment Act 1983 No. 32 of 1983 - SECT. 1. Short title.
An Act to amend the Customs Tariff Act 1982 (Assented to 19 June 1983) Short title, &c. 1. (1) This Act may be cited as the Customs Tariff Amendment Act 1983. (2) The Customs Tariff Act 1982*1* is in this Act referred to as the Principal Act. Customs Tariff Amendment Act 1983 No. 32 of 1983 - SECT. 2. Commencement
2. (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent. (2) Sections 3 to 11 (inclusive) shall be deemed to have come into operation on 1 January 1983. (3) Section 12 shall be deemed to have come into operation on 19 January 1983. Customs Tariff Amendment Act 1983 No. 32 of 1983 - SECT. 3. Phasing rates
3. Section 13 of the Principal Act is repealed and the following section is substituted: ''13. (1) If a rate of duty set out in- (a) column 3 or column 4 in a tariff classification in Schedule 3; (b) column 3 or column 4 in an item in Part I of Schedule 4; (c) column 4 or column 5 in an item in Part II of Schedule 4; or (d) column 4 in an item in Schedule 5, that applies to goods is expressed to have effect from a specified date, that rate shall be taken to be so set out only when ascertaining duty in respect of those goods, or goods that are part of those goods, as the case requires, that are entered for home consumption on or after that date. ''(2) If a rate of duty set out in- (a) column 3 or column 4 in a tariff classification in Schedule 3; (b) column 3 or column 4 in an item in Part I of Schedule 4; (c) column 4 or column 5 in an item in Part II of Schedule 4; or (d) column 4 in an item in Schedule 5, that applies to goods is expressed to have effect to a specified date, that rate shall be taken to be so set out only when ascertaining duty in respect of those goods, or goods that are part of those goods, as the case requires, that are entered for home consumption on or before that date. ''(3) For the purposes of sub-section (1), a rate of duty set out in- (a) column 3 or column 4 in a tariff classification in Schedule 3; (b) column 3 or column 4 in an item in Part I of Schedule 4; (c) column 4 or column 5 in an item in Part II of Schedule 4; or (d) column 4 in an item in Schedule 5, that applies to goods shall be deemed to be expressed to have effect from a specified date if that date preceded by the word 'From' is specified in- (e) column 2 in that tariff classification in Schedule 3; (f) column 2 in that item in Part I of Schedule 4; (g) column 3 in that item in Part II of Schedule 4; or (h) column 3 in that item in Schedule 5, as the case may be, in relation to the rate. ''(4) For the purposes of sub-section (2), a rate of duty set out in- (a) column 3 or column 4 in the tariff classification;
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(b) column 3 or column 4 in an item in Part I of Schedule 4; (c) column 4 or column 5 in an item in Part II of Schedule 4; or (d) column 4 in an item in Schedule 5, that applies to goods shall be deemed to be expressed to have effect to a specified date if that date preceded by the word 'To' is specified in- (e) column 2 in that tariff classification in Schedule 3; (f) column 2 in that item in Part I of Schedule 4; (g) column 3 in that item in Part II of Schedule 4; or (h) column 3 in that item in Schedule 5, as the case may be, in relation to the rate.''. Customs Tariff Amendment Act 1983 No. 32 of 1983 - SECT. 4. Schedule 3 divided into items, &c.
4. Section 16 of the Principal Act is amended- (a) by omitting from sub-section (3) ''or in Schedule 5'' and substituting '', in Schedule 5, in any Act that amends Schedule 3 or in any prescribed instrument''; and (b) by adding at the end thereof the following sub-section: ''(5) In this section, 'prescribed instrument' means- (a) a Customs Tariff Proposal introduced into the House of Representatives that relates to Schedule 3; (b) a notice published (whether before or after the commencement of this Act) in accordance with section 273EA of the Customs Act 1901 that relates to Schedule 3; or (c) an order, a by-law or a determination under the Customs Act 1901 that relates to Schedule 3.''. Customs Tariff Amendment Act 1983 No. 32 of 1983 - SECT. 5. Special rates of duty for New Zealand
5. Section 20 of the Principal Act is amended by omitting sub-section (4). Customs Tariff Amendment Act 1983 No. 32 of 1983 - SECT. 6. Special rates of duty for Papua New Guinea
6. Section 21 of the Principal Act is amended- (a) by omitting from sub-section (2) ''this section'' and substituting ''sub-section (1)''; and (b) by adding at the end thereof the following sub-sections: ''(3) Sub-section (4) applies to goods- (a) that were partly manufactured in Papua New Guinea; (b) the process last performed in the manufacture of which was performed in Papua New Guinea; (c) that are not the manufacture of Papua New Guinea; and (d) that would, if Papua New Guinea were a Forum Island Country, have been treated as the manufacture of Papua New Guinea by virtue of sub-section 151 (5) of the Customs Act 1901. ''(4) Subject to this Act, other than section 19, the duty in respect of goods to which this sub-section applies shall be ascertained by reference to- (a) in a case where a rate of duty in relation to which 'FI' or 'DC' is specified, and only one such rate, is set out in column 4 in the tariff classification in Schedule 3 that applies to the goods-that rate of duty; (b) in a case where a rate of duty in relation to which 'FI' is specified and a rate of duty in relation to which 'DC' is specified are set out in that column in that tariff classification-whichever of those rates of duty would be the rate under which no duty, or the least amount of duty, would be payable in respect of the goods; or (c) in any other case-the rate of duty set out in column 3 in the tariff classification.
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''(5) Sub-section (6) applies to goods- (a) that were partly manufactured in Papua New Guinea; (b) the process last performed in the manufacture of which was performed in Papua New Guinea; (c) that are not the manufacture of Papua New Guinea; and (d) that would, if Papua New Guinea were a Developing Country, have been treated as the manufacture of Papua New Guinea by virtue of sub-section 151 (6) of the Customs Act 1901, other than goods to which sub-section (4) applies. ''(6) Subject to this Act, other than section 19, duty in respect of goods to which this sub-section applies shall be ascertained by reference to- (a) in a case where a rate of duty in relation to which 'DC' is specified is set out in column 4 in the tariff classification in Schedule 3 that applies to the goods-that rate of duty; or (b) in any other case-the rate of duty set out in column 3 in that tariff classification.''. Customs Tariff Amendment Act 1983 No. 32 of 1983 - SECT. 7. Special rates of duty for Forum Island Countries, Declared Preference Countries and Developing Countries
7. Section 22 of the Principal Act is amended by omitting from paragraph (2) (b) ''and'' and substituting ''or''. Customs Tariff Amendment Act 1983 No. 32 of 1983 - SECT. 8. Goods consisting of separate articles
8. Section 26 of the Principal Act is amended by omitting from sub-section (6) ''(3)'' and substituting ''(5)''. Customs Tariff Amendment Act 1983 No. 32 of 1983 - SECT. 9. Repeal
9. Section 32 of the Principal Act is amended by omitting from sub-section (4) ''7 May 1982'' and substituting ''10 December 1982''. Customs Tariff Amendment Act 1983 No. 32 of 1983 - SECT. 10. Amendments of Schedules 3 and 4 having effect from 1 January 1983
10. The Principal Act is amended as set out in Schedule 1. Customs Tariff Amendment Act 1983 No. 32 of 1983 - SECT. 11. Schedule 5
11. Schedule 5 to the Principal Act is repealed and the Schedule set out in Schedule 2 to this Act is substituted. Customs Tariff Amendment Act 1983 No. 32 of 1983 - SECT. 12. Amendments of Schedule 3 having effect from 19 January 1983
12. The Principal Act is amended as set out in Schedule 3. ---------------- Customs Tariff Amendment Act 1983 No. 32 of 1983 - SCHEDULE 1
SCHEDULE 1 Section 10 AMENDMENTS OF SCHEDULES 3 AND 4 TO THE PRINCIPAL ACT HAVING EFFECT FROM 1 JANUARY 1983 AMENDMENTS OF SCHEDULE 3 1. Omit 05.03, substitute: ''05.03 * HORSEHAIR AND HORSEHAIR WASTE, WHETHER OR NOT PUT UP ON A LAYER OR BETWEEN 2 LAYERS OF OTHER MATERIAL: 05.03.1 - Goods, as follows: 20% DC: 15% (a) brushmakers' mixtures or drafts; (b) hair, curled, of a kind commonly used for upholstery purposes 05.03.9 - Other 20% DC: Free''.
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2. Omit 07.05.1 and 07.05.2, substitute: ''07.05.1 - Beans of the species Phaseolus vulgaris: 07.05.11 - - For cultivation $0.10/kg FI: Free 07.05.19 - - Other 25% FI: Free 07.05.2 - Beans, NSA, and peas, pricked, slit or subjected to any similar process designed to facilitate dehydration and subsequent hydration $0.40/kg FI: Free''. 3. After 09.01.1 insert: ''09.01.2 - Raw coffee, NSA $0.07/kg FI: Free''. 4. Omit 11.08.9, substitute: ''11.08.9 - Other $0.04/kg FI: Free CAN: $0.02/kg''. 5. Omit 15.07.1, substitute: ''15.07.1 - Oil, or a mixture of oils, of any of the following kinds (not including a mixture containing an oil of another kind): (a) almond oil; (b) apricot kernel oil; (c) avocado oil; (d) babassu oil; (e) castor oil; (f) coconut oil; (g) oiticica oil; (h) olive oil; (j) palm kernel oil; (k) palm oil; (m) pumpkin seed oil; (n) sesame oil; (p) tung oil; (q) walnut oil; (r) wheat germ oil Free . .''. 6. Omit 15.08.1 to 15.08.3, substitute: ''15.08.1 - Goods, as follows: (a) coconut oil; (b) peanut oil; (c) soya bean oil: 15.08.11 - - Epoxidised 25% FI: Free 15.08.19 - - Other 10% DC: Free 15.08.2 - Epoxidised vegetable oils, NSA 25% . . 15.08.3 - Vegetable oils, NSA 10% DC: Free 15.08.4 - Animal oils 2% DC: Free''.