Commonwealth Numbered Acts

Customs Amendment (Tenders) Act 1981 No. 45 of 1981 - SECT 4

4. After Part XIV of the Principal Act the following Part is inserted:

''PART XV-TENDERS FOR RIGHTS TO IMPORT GOODS AT CONCESSIONAL RATES

''265. In this Part-

'determined', in relation to a quantity or a value, means determined in
accordance with a tender;

'item of a Customs Tariff ' and 'proposed item of a Customs Tariff ' have the
same respective meanings as in Part XVI;

'particular goods' includes goods included in a particular class or kind of
goods;

'scheme' means a scheme formulated by the Minister under section 266;

'year' means a period of 12 months. Tender schemes

''266. (1) The Minister may formulate a scheme for calling, and dealing with,
tenders for the right to import a determined quantity of particular goods, or
particular goods of a determined value, during a year at concessional rates of
duty.

''(2) A call for tenders that relates to determined quantities of particular
goods shall include a statement that, for the purposes of the application of
the Customs Undertakings (Penalties) Act 1981 and the Customs Securities 
(Penalties) Act 1981 in relation to the particular goods the subject of the
call, the value of the goods is to be calculated by reference to a value set
out in the statement as the value of an appropriate unit of the goods.

''(3) In determining the value of an appropriate unit of particular goods to
be set out in a statement referred to in sub-section (2), the Minister shall
have regard to the average value of the corresponding unit in relation to
goods of the same kind that were imported into Australia and entered for home
consumption during the financial year that ended on the 30 June immediately
preceding the date on which the call for tenders is made.

''(4) A call for tenders shall include a statement that, for the purposes of
the application of the Customs Undertakings (Penalties) Act 1981 and the
Customs Securities (Penalties) Act 1981 in relation to the particular goods
the subject of the call, the prescribed percentage of the value of the goods
is to be the percentage set out in the statement. Undertakings relating to
tenders

''267. (1) Where, in accordance with a call for tenders made under a scheme, a
person furnishes a tender for the right to import during a year a quantity to
be determined in accordance with his tender of particular goods, or particular
goods of a value to be determined in accordance with his tender, at rates of
duty to be determined in accordance with his tender, that tender shall not be
considered unless it is accompanied by an undertaking in writing by that
person, in terms satisfactory to the Minister, that, if his tender is accepted
and-

   (a)  the Customs Tariff Act 1966 is so altered or proposed to be so altered
        that rates of duty determined in accordance with his tender are set
        out in items, or proposed items, of a Customs Tariff that are
        expressed to apply to goods as prescribed by by-law; and

   (b)  the Minister makes a determination under section 273 by virtue of
        which those items or proposed items apply to the quantity determined
        in accordance with his tender of those goods, or the quantity of those
        goods having the value determined in accordance with his tender, to be
        imported by that person during that year, he will, during that year,
        import into Australia that quantity of those goods, or the quantity of
        those goods having that value, and enter for home consumption, under
        any of those items, or proposed items, or under any appropriate item,
        or proposed item, of a Customs Tariff that is not expressed to apply
        to goods as prescribed by by-law, the goods so imported.

''(2) An undertaking referred to in sub-section (1) that relates to a
determined quantity of goods shall include a statement acknowledging that, for
the purposes of the application of the Customs Undertakings (Penalties) Act 
1981 and the Customs Securities (Penalties) Act 1981 in relation to the goods
to which the undertaking relates, the value of those goods is to be calculated
by reference to the value per unit of those goods as set out in the statement,
being the value per unit set out in the statement included by the Minister, in
accordance with sub-section (2) of section 266, in the relevant call for
tenders.

''(3) An undertaking referred to in sub-section (1) shall include a statement
acknowledging that, for the purposes of the application of the
Customs Undertakings (Penalties) Act 1981 and the Customs Securities 
(Penalties) Act 1981 in relation to the goods to which the undertaking
relates, the prescribed percentage of the value of the goods is to be the
percentage set out in the statement, being the percentage set out in the
statement included by the Minister, in accordance with sub-section (4) of
section 266, in the relevant call for tenders.

''(4) In this section, a reference to the relevant call for tenders, in
relation to an undertaking, shall be read as a reference to the call for
tenders in accordance with which the tender to which the undertaking relates
was furnished. Transfers of rights to import goods at concessional rates of
duty

''268. (1) A scheme may provide for the transfer, with the approval of the
Minister, from one person to another of a right to import a specified quantity
of particular goods, or particular goods of a specified value, during a year
at concessional rates of duty.

''(2) The Minister shall not give an approval to a transfer under a scheme of
a right to import a specified quantity of particular goods, or particular
goods of a specified value, unless the transferee-

   (a)  gives an undertaking, in writing, in terms satisfactory to the
        Minister, that, if by virtue of a determination under section 273 the
        items, or proposed items, of a Customs Tariff to which the undertaking
        given by the transferor in relation to the goods related were to apply
        to goods imported by the transferee in the exercise of the right, the
        transferee will, in the exercise of that right, import into Australia
        that quantity of those goods, or the quantity of those goods having
        that value, and enter them for home consumption under any of those
        items or proposed items or under any appropriate item, or proposed
        item, of a Customs Tariff that is not expressed to apply to goods as
        prescribed by by-law; and

   (b)  if so required by a Collector, gives a security for payment of any
        penalty in connection with the undertaking that the transferee may
        become liable to pay to the Commonwealth under the
        Customs Undertakings (Penalties)  Act 1981 .

''(3) An undertaking referred to in sub-section (2) that relates to a
specified quantity of goods shall include a statement acknowledging that, for
the purposes of the application of the Customs Undertakings (Penalties) Act 
1981 in relation to the goods to which the undertaking relates, the value of
those goods is to be calculated by reference to the value per unit of those
goods as set out in the statement, being a value per unit that was set out in
the corresponding statement in the undertaking given by the transferor in
relation to those goods.

''(4) An undertaking referred to in sub-section (2) shall include a statement
acknowledging that, for the purposes of the application of the
Customs Undertakings (Penalties) Act 1981 in relation to the goods to which
the undertaking relates, the prescribed percentage of the value of the goods
is to be the percentage set out in the statement, being the percentage set out
in the corresponding statement in the undertaking given by the transferor in
relation to those goods. Revocation or variation of undertaking

''269. A person who has given an undertaking in accordance with section 267 or
268 may, with the approval of the Minister, revoke or vary that undertaking.
Recovery of penalties

''269A. A penalty payable by a person under the Customs Undertakings 
(Penalties) Act 1981 or the Customs Securities (Penalties) Act 1981 is a debt
due to the Commonwealth, and the Commonwealth may recover the amount of the
penalty by action in a court of competent jurisdiction.''.