CUSTOMS UNDERTAKINGS (PENALTIES) ACT 1981 CUSTOMS UNDERTAKINGS (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 UNDERTAKINGS (PENALTIES) ACT 1981 - LONG TITLE An Act to provide for penalties for breaches of undertakings with respect to the importation into Australia of dutiable goods CUSTOMS UNDERTAKINGS (PENALTIES) ACT 1981 - SECT 1 Short title [see Note 1] This Act may be cited as the Customs Undertakings (Penalties) Act 1981. CUSTOMS UNDERTAKINGS (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 UNDERTAKINGS (PENALTIES) ACT 1981 - SECT 2A General administration of Act The Chief Executive Officer of Customs has the general administration of this Act. CUSTOMS UNDERTAKINGS (PENALTIES) ACT 1981 - SECT 3 Interpretation (1) In this Act, unless the contrary intention appears: "Customs undertaking" means an undertaking given under subsection 267(1) or 268(2) of the Customs Act 1901, and includes such an undertaking as varied. item of a Customs Tariff and proposed item of a Customs Tariff have the same respective meanings as in Part XVI 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. (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 UNDERTAKINGS (PENALTIES) ACT 1981 - SECT 4 Penalty (1) Subject to subsection (2), where a person breaches a Customs undertaking given by him or her, 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 the undertaking relates. (2) Where a person who has given a Customs undertaking has, in partial compliance with the undertaking, entered goods for home consumption under an item, or proposed item, of a Customs Tariff to which the undertaking relates during the period, or each of the periods, specified in the undertaking, the penalty otherwise applicable under subsection (1) shall be reduced by an amount that bears to the amount of that penalty the same proportion as: (a) where a particular quantity of goods was required to be so entered to comply fully with the undertaking--the quantity of goods so entered bears to that particular quantity; or (b) where a quantity of goods of a particular value was required to be so entered to comply fully with the undertaking--the value of the goods so entered bears to that particular value. CUSTOMS UNDERTAKINGS (PENALTIES) ACT 1981 - NOTES Compilation Information Customs Undertakings (Penalties) Act 1981 Act No. 47 of 1981 as amended This compilation was prepared on 23 October 2000taking 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 Prepared by the Office of Legislative Drafting,Attorney-General's Department, Canberra CUSTOMS UNDERTAKINGS (PENALTIES) ACT 1981 - NOTES CUSTOMS UNDERTAKINGS (PENALTIES) ACT 1981Notes to the Customs Undertakings (Penalties) Act 1981 Note 1 The Customs Undertakings (Penalties) Act 1981 as shown in this compilation comprises Act No. 47, 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 Undertakings (Penalties) Act 1981 47, 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 Customs Undertakings (Penalties) Amendment Act 1985 177, 1985 16 Dec 1985 30 May 1985 S. 4 as amended by Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 76, 1986 24 June 1986 S. 3: (a) S. 9 Customs, Excise and Bounty Legislation Amendment Act 1995 85, 1995 1 July 1995 Ss. 11 (item 64) and 18: Royal Assent (b) S. 18 (a) The Customs Undertakings (Penalties) Amendment Act 1985 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsection 2(7) of which provides as follows: (7) The amendment of the Customs Undertakings (Penalties) Amendment Act 1985 made by this Act shall be deemed to have come into operation immediately after the Customs Undertakings (Penalties) Amendment Act 1985 came into operation. (b) The Customs Undertakings (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. CUSTOMS UNDERTAKINGS (PENALTIES) ACT 1981 - NOTES 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 S. 4 am. No. 177, 1985