CUSTOMS SECURITIES (PENALTIES) ACT 1981 

CUSTOMS SECURITIES (PENALTIES) ACT 1981 
- TABLE OF PROVISIONS

1. Short title [see Note 1]  
2. Commencement [see Note 1]  
2A. General administration of Act  
3. Interpretation  
4. Penalty  

CUSTOMS SECURITIES (PENALTIES) ACT 1981
- LONG TITLE
An Act to provide for penalties for refusal or failure to give
certain securities with respect to the importation into Australia of dutiable
goods

CUSTOMS SECURITIES (PENALTIES) ACT 1981
- SECT 1
Short title [see Note 1]

                   This Act may be cited as the Customs
Securities (Penalties) Act 1981.

CUSTOMS SECURITIES (PENALTIES) ACT 1981
- SECT 2
Commencement [see Note 1]

                   This Act shall come into operation on
the day on which the Customs Amendment (Tenders) Act 1981 comes into
operation.

CUSTOMS SECURITIES (PENALTIES) ACT 1981
- SECT 2A
General administration of Act

                   The Chief Executive Officer of Customs
has the general administration of this Act.

CUSTOMS SECURITIES (PENALTIES) ACT 1981
- SECT 3
Interpretation

             (1)  In this Act, unless the contrary
intention appears:

"Customs undertaking" means an undertaking given, in accordance with subsection 267(1) of the Customs Act 1901, by a person who furnishes a tender in accordance with a call for tenders made under a scheme under Part XV of the Customs Act 1901.
"prescribed percentage", in relation to goods, means the prescribed percentage set out in the Customs undertaking that relates to the goods.
"relevant Customs undertaking", in relation to a tender furnished in accordance with a call for tenders made under a scheme under Part XV of the Customs Act 1901, means the undertaking relating to that tender that is given in accordance with subsection 267(1) of the Customs Act 1901.             (2)  For the purposes of this Act, where a
Customs undertaking sets out the value of a unit of the goods to which the
undertaking relates, the value of the goods shall be calculated in accordance
with that value.

CUSTOMS SECURITIES (PENALTIES) ACT 1981
- SECT 4
Penalty

                   Where:
                     (a)  a tender furnished by a person in
accordance with a call for tenders made under a scheme under Part XV of
the Customs Act 1901 has been accepted; and
                     (b)  the
person refuses, or fails, when required by a Collector under section 42 of
that Act to do so, to give a security for payment of any penalty in connection
with the relevant Customs undertaking that the person may become liable to pay
to the Commonwealth under the Customs Undertakings (Penalties) Act 1981;
there is payable by that person to the Commonwealth, by
way of penalty, an amount equal to the prescribed percentage of the value of
the goods to which that undertaking relates.

CUSTOMS SECURITIES (PENALTIES) ACT 1981
- NOTES

Act No. 46 of 1981 as amended
This compilation was prepared on 30 October 2000 
taking into account amendments up to Act No. 85 of 1995
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be 
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

  

  

  

Contents
1............ Short title [see Note 1]
....................................................................... 
1
2............ Commencement [see Note 1]
.............................................................. 
1
2A......... General administration of Act
............................................................ 
1
3............ Interpretation
...................................................................................... 1
4............ Penalty
................................................................................................ 2
Notes
                                                                                                                                              
3

CUSTOMS SECURITIES (PENALTIES) ACT 1981
- NOTES

Notes to
the 
Customs Securities (Penalties) Act 1981

Note 1

The Customs Securities (Penalties) Act 1981 as shown in
this 
compilation comprises Act
No. 46, 1981 amended as indicated in the Tables below.

Table of Acts

 
  
   
   
Act
   
   
   
Number 
   and year
   
   
   
Date 
   of Assent
   
   
   
Date of commencement
   
   
   
Application, saving or transitional provisions
   
  
 
 
  
  Customs Securities (Penalties) Act 1981
  
  
  46, 1981
  
  
  14 May 1981
  
  
  14 May 1981 (see s. 2)
  
  
   
  
 
 
  
  Customs Administration (Transitional Provisions and Consequential
  Amendments) Act 1985
  
  
  39, 1985
  
  
  29 May 1985
  
  
  10 June 1985 (see s. 2 and Gazette 1985,
  No. S194)
  
  
  S. 4(1)-(4)
  
 
 
  
  Customs, Excise and Bounty Legislation Amendment Act
  1995
  
  
  85, 1995
  
  
  1 July 1995
  
  
  S. 11 (item 60): Royal Assent (a)
  
  
  S. 18
  
 
 
  
  
  
  
  
  
 

        (a)     The Customs Securities (Penalties) Act
1981 was amended by the Customs, Excise and Bounty Legislation Amendment
Act 1995, subsection 2(1) of which provides as follows:

                 (1)   Subject to subsections (2), (3),(4),
(5) and (6), this Act commences on the day on which it receives the Royal
Assent.

Table of Amendments

 
  
   
   ad. = added or
   inserted     am. = amended     rep. = repealed     rs. = repealed and
   substituted
   
  
  
   
   
Provision affected
   
   
   
How affected
   
  
 
 
  
  S. 2A................................... 
  
  
  ad. No. 39, 1985
  
 
 
  
   
  
  
  am. No. 85, 1995