CUSTOMS TARIFF (PAPUA AND NEW GUINEA PREFERENCE).

No. 84 of 1936.

An Act relating to Duties of Customs on goods imported into Australia from the Territory of Papua or the Territory of New Guinea.

[Assented to 7th December, 1936.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Customs Tariff (Papua and New Guinea Preference) 1936.

Commencement.

2. This Act shall commence on a time and date to be fixed by Proclamation.

Repeal of Customs Tariff (Papua and New Guinea Preference) 1934.

3. The Customs Tariff (Papua and New Guinea Preference) 1934 is repealed.

Incorporation of Customs Act 1901–1935.

4. The Customs Act 1901–1935 shall be incorporated and read as one with this Act.

Definitions.

5. In this Act, unless the contrary intention appears—

“Departmental By-law” means a By-law made by the Minister and published in the Gazette;

“the British Preferential Tariff” means the British Preferential Tariff in force in the Commonwealth on the date on which any goods in relation to which the expression is used are entered for home consumption.

Imposition of duties.

6—(1.) From and after the time and date fixed by Proclamation under section two of this Act, duties of Customs shall be imposed on goods produced or manufactured in the Territory of Papua or the Territory of New Guinea and imported into Australia direct from either of those Territories, as follows:—

(a) on all goods specified in the Schedule to this Act—Duties at the rates specified in the column in that Schedule headed “Rate of Duty”; and

(b) on all other goods—duties at the rates in force under the British Preferential Tariff.

(2.) Duties of Customs shall be payable at the rates of duty in force under the British Preferential Tariff, and shall be charged, collected and paid to the use of the King for the purposes of the Commonwealth, on the undermentioned goods (not being goods the produce or manufacture of the Territory of Papua or the Territory of New Guinea), namely, goods—

(a) which, on or after the time and date of the commencement of this Act, are imported into Australia from either of those Territories; and

(b) upon which, if they had been imported into Australia direct from the country of origin, there would have been payable duties of Customs at the rates in force under the British Preferential Tariff.

(3.) The duties imposed on any goods in accordance with this Act shall be in lieu of the duties (if any) imposed on those goods in accordance with the Customs Tariff 1933–1936.

Application of duties.

7. The rates of duty imposed by sub-section (1.) of section six of this Act shall be charged, collected and paid to the use of the King for the purposes of the Commonwealth on all goods subject to those rates which—

(a) are imported into Australia after the time and date fixed by the Proclamation issued under section two of this Act; or

(b) were imported into Australia before that time and are not entered for home consumption until after that time.

Validation.

8. All duties of Customs demanded or collected at the rates of duty in force under the British Preferential Tariff on the undermentioned goods (not being goods the produce or manufacture of the Territory of Papua or the Territory of New Guinea), namely, goods—

(a) which have been imported into Australia from either of those Territories on or after the first day of January, One

thousand nine hundred and thirty-six and prior to the time and date of the commencement of this Act; and

(b) upon which, if they had been imported into Australia direct from the country of origin, there would have been payable duties of Customs at the rates in force under the British Preferential Tariff,

shall be deemed—

(c) to have been lawfully imposed and lawfully demanded or collected; and

(d) to have been so imposed in lieu of the duties (if any) imposed on those goods in accordance with the Customs Tariffs 1933, or with that Act as subsequently amended.

THE SCHEDULE. Section 6.