CUSTOMS ACT 1901 - SECT 273EA Notification of proposals when House of Representatives is not sitting

CUSTOMS ACT 1901 - SECT 273EA

  (1)   The Minister may, at any time when the Parliament is prorogued or the House of Representatives has expired by effluxion of time, has been dissolved or is adjourned otherwise than for a period not exceeding 7 days, make a legislative instrument giving notice that it is intended, within 7 sitting days of the House of Representatives after the date of the registration of the instrument under the Legislation Act 2003 , to propose in the Parliament a Customs Tariff or Customs Tariff alteration in accordance with particulars specified in the instrument and operating at and after the time specified in the instrument, not being:

  (a)   in the case of a Customs Tariff or Customs Tariff alteration that could have the effect of making the duty payable by any person importing goods greater than the duty that would, but for that Customs Tariff or Customs Tariff alteration, be payable--a time earlier than the time of registration of the instrument under the Legislation Act 2003 ; or

  (b)   in any other case--a time earlier than 6 months before the time of registration of the instrument under the Legislation Act 2003 .

  (2)   Where notice of intention to propose a Customs Tariff or a Customs Tariff alteration has been given in accordance with this section, the Customs Tariff or Customs Tariff alteration shall, for the purposes of this Act (other than section   226) and any other Act, be deemed to be a Customs Tariff or Customs Tariff alteration, as the case may be, proposed in the Parliament.

  (3)   Section   42 (disallowance) of the Legislation Act 2003 does not apply to a legislative instrument made under subsection   (1) of this section.