TRADEX SCHEME ACT 1999 - SECT 4 Definitions
TRADEX SCHEME ACT 1999 - SECT 4
DefinitionsIn this Act, unless the contrary intention appears:
"approved form" means a form approved under section 44.
"authorised officer" means an individual holding an appointment as an authorised officer under section 45.
"Chapter 5 body corporate" has the same meaning as in the Corporations Act 2001 .
"container" includes every means by which goods may be covered, enclosed, packed or contained.
(a) for the making of an application for, or an application for the variation of, a tradex order--has the meaning given by subsection 5(1); or
(b) for the holding of a tradex order--has the meaning given by subsection 5(2).
"disqualifying circumstances" has the meaning given by section 6.
"document" includes a book and any record.
"eligible goods" means goods other than:
(a) goods intended for sale in an establishment that offers goods for sale free of duties of customs and other taxes; and
(b) goods which, if they were produced in Australia , would be subject to duties of excise or to another tax that is declared by the regulations to be a tax to which this paragraph applies.
"enter for home consumption" means enter for home consumption under section 68 of the Customs Act 1901 .
"exportation" , in relation to goods, includes the exportation of other goods in which the first - mentioned goods are incorporated.
"holder" of a tradex order means the person on whose application the order was made.
"identity card" means an identity card issued under subsection 45(2).
"ineligible" : a person is ineligible to apply for, or to hold, a tradex order if:
(a) where the person is an individual--the person is an insolvent under administration; or
(b) where the person is a body corporate--the person is a Chapter 5 body corporate ; or
(c) where the person is a partnership--any of the partners is an insolvent under administration or a Chapter 5 body corporate .
"infringement notice" means a notice served under section 33.
"insolvent under administration" means a person who:
(a) under the Bankruptcy Act 1966 , or the law of an external Territory, is a bankrupt in respect of a bankruptcy from which the person has not been discharged; or
(b) under the law of a foreign country, or the law of an external Territory, has the status of an undischarged bankrupt;
and includes a person who has executed a personal insolvency agreement under:
(c) Part X of the Bankruptcy Act 1966 ; or
(d) the corresponding provisions of the law of an external Territory or the law of a foreign country;
where the terms of the agreement have not been fully complied with.
"kind or description" of goods includes a kind or description expressed by reference to the tariff classification in the Customs Tariff Act 1995 by which goods of that kind or description are classified.
"magistrate" means any magistrate, whether remunerated by salary or not.
(a) in relation to goods of a kind or description in respect of which an application has been made for a tradex order--eligible goods of the kind or description specified in the application that are intended to be imported by the applicant; or
(b) in relation to goods of a kind or description in respect of which a tradex order is in force--eligible goods of the kind or description specified in the order that are intended to be imported, or are imported, by the holder of the order.
"occupier" of premises means the person in charge, or apparently in charge, of the premises.
"offence against this Act" includes an offence against section 6 of the Crimes Act 1914 , or against section 11.1, 11.4 or 11.5 of the Criminal Code , in relation to an offence against this Act.
Note: See also section 48A (partnerships).
"premises" includes any place (whether enclosed or built on, or not) and, in particular, includes:
(a) a building, wharf or other structure; and
(e) a part of premises (including a part of any of the above).
"Register" means the Register of Tradex Orders kept under section 9.
"required records" has the meaning given by subsection 22(2).
"Secretary" means Secretary of the Department.
"Texco Scheme" means the administrative scheme of that name that was in force immediately before the commencement of this Act under Customs By - law 9640056 for the purposes of item 21 of Schedule 4 to the Customs Tariff Act 1995 .
"tradex duty" means the tax known as tradex duty that is payable under section 21, as imposed by the Tradex Duty Imposition (Excise) Act 1999 , the Tradex Duty Imposition (Customs) Act 1999 or the Tradex Duty Imposition (General) Act 1999 .
"tradex number" has the meaning given by paragraph 11(7)(a).
"tradex order" means an order made under section 11 that is in force.
"Tradex Scheme" means the scheme for the making of tradex orders that is
established by this Act.