Commonwealth Consolidated Acts

CUSTOMS TARIFF ACT 1995 - SECT 16A

             (1)  If the Agricultural Minister is satisfied that the quantity of safeguard goods imported into Australia during a calendar year specified in column 3 of an item of the following table exceeds:

                     (a)  the quantity specified in that column for that year in relation to the goods; or

                     (b)  if the regulations specify another quantity for that year in relation to the goods--the other quantity;

the Agricultural Minister may, by legislative instrument, make a notice in relation to the goods. The Agricultural Minister must publish the notice in the Gazette .

2006:   2,184,122 litres

2007:   2,293,328 litres

             (2)  In applying subsection (1) to item 3 of the table, the quantity applicable for a calendar year applies to the sum of the quantities of the following goods imported in that year:

                     (a)  Thai originating goods classified to subheading 2009.41.00;

                     (b)  Thai originating goods classified to subheading 2009.49.00.

Example:    In 2005 the quantity applicable under item 3 of the table is 2,080,116 litres.

On 1 August 2005, 1,500,000 litres of Thai originating goods classified to subheading 2009.41.00 have been imported into Australia and 580,117 litres of Thai originating goods classified to subheading 2009.49.00 have been imported into Australia.

On 1 August 2005 the quantity is exceeded and the Agricultural Minister may publish a notice covering both kinds of goods.

Content of notice

             (3)  The notice must specify:

                     (a)  the safeguard goods; and

                     (b)  that the quantity of the goods imported into Australia during the applicable calendar year exceeds the quantity applicable for that year.

The notice may contain any other information that the Agricultural Minister considers appropriate.

             (4)  A notice under this section may specify one or more safeguard goods.

Duty rates

             (5)  Despite subsection 12(2) of the Legislative Instruments Act 2003 , if:

                     (a)  the Agricultural Minister publishes a notice under this section; and

                     (b)  any safeguard goods specified in the notice are imported into Australia during the period beginning on the day after the publication day and ending on 31 December of the calendar year concerned;

then the duty in respect of the goods must be worked out by reference to the general rate set out in the third column of the tariff classification under which the goods are classified (and not under paragraph 16(1)(l) of this Act).

             (6)  Subsection (5) does not apply to goods exported from Thailand on or before the publication day under a contract entered into on or before the publication day. However, the quantity of those goods must be counted towards the quantity applicable for the next calendar year in relation to goods of that kind.

Definitions

             (7)  In this section:

"Agricultural Minister" means the Minister administering the Primary Industries (Excise) Levies Act 1999 .

"safeguard goods" means Thai originating goods that:

                     (a)  are classified to a subheading in Schedule 3 that is specified in column 2 of item 1 or 3 of the table in this section; or

                     (b)  are classified to a subheading in Schedule 3 that is specified in column 2 of item 2 of the table in this section and are canned; or

                     (c)  are classified to a subheading in Schedule 3 that is specified in column 2 of item 2 of the table in this section and are not canned.