CUSTOMS TARIFF (NEW ZEALAND PREFERENCE).
No. 3 of 1922.
An Act relating to Preferential Duties of Customs on Goods the produce or manufacture of the Dominion of New Zealand.
[Assented to 23rd August, 1922.]
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 (New Zealand Preference) 1922.
Commencement:
2. This Act shall commence on a date to be fixed by Proclamation.
Definitions.
3. In this Act, except where otherwise clearly intended—
“the Tariff Schedule” means the Tariff Schedule contained in the Schedule to this Act; and
“the British Preferential Tariff” means the British Preferential Tariff imposed by the Customs Tariff 1921, and includes any amendment thereof.
Rates of duty on imports from New Zealand.
4.—(1.) From and after a time and date to be fixed by Proclamation, duties of Customs on the undermentioned goods specified in the Tariff Schedule shall, when those goods are imported direct from and are the produce or manufacture of the Dominion of New Zealand, be in accordance with the following rates, namely:—
(a) on all goods described in the Tariff Schedule, in the column headed “Item.”, against which rates of duty are set out in the column headed “Proposed Duties against New Zealand.”, the rates of duty so set out; and
(b) on all goods other than those provided for in paragraph (a) of this section, the rates of duty for the time being applicable to goods to which the British Preferential Tariff applies:
Provided that nothing in paragraph (a) of this section shall have the effect of imposing any duty on any goods which are free of or exempt from duty under the British Preferential Tariff.
(2.) The duties imposed by this section on the goods specified therein shall be in lieu of the duties payable upon those goods under the Customs Tariff 1921.
(3.) Nothing in this section shall affect the right of the Commonwealth to impose or collect any duties of Customs chargeable under the Customs Tariff (Industries Preservation) Act 1921.
Rates of duty on British goods imported from New Zealand.
5. From and after the first day of May, One thousand nine hundred and twenty-two, duties of Customs on the undermentioned dutiable goods, not being goods the produce or manufacture of the Dominion of New Zealand, namely, goods—
(a) which are imported into the Commonwealth from that Dominion; and
(b) upon which, if they had been imported into the Commonwealth direct from the country of origin there would have been payable duties of Customs at the rates set forth in the British Preferential Tariff,
shall be in accordance with the rates set forth in the British Preferential Tariff.
Time of imposition of duties.
6.—(1.) The rates of duty imposed by this Act shall be charged, collected and paid to the King for the purposes of the Commonwealth on all goods subject to those rates imported into Australia after the prescribed time, or imported into Australia before that time and not entered for home consumption until after that time.
(2.) In this section “the prescribed time” means—
(a) in the case of goods dutiable under section four of this Act —the time and date fixed by proclamation; and
(b) in the case of goods dutiable under section five of this Act —the first day of May, One thousand nine hundred and twenty-two, at nine o’clock in. the forenoon according to the standard time in the State of Victoria.
Ratification of agreement with New Zealand.
7. The agreement made the eleventh day of April, One thousand nine hundred and twenty-two, between the Commonwealth of Australia and the Dominion of New Zealand (a copy whereof is set forth in the Schedule to this Act) is hereby ratified and confirmed.
Repeal of Customs Tariff (New Zealand Preference) 1921
8. The Customs Tariff (New Zealand Preference) 1921 is repealed.
THE SCHEDULE.
—
AGREEMENT made this eleventh day of April, One thousand nine hundred and twenty-two Between the COMMONWEALTH OF AUSTRALIA (hereinafter called “the Commonwealth”) of the one part and the DOMINION OF NEW ZEALAND (hereinafter called “the Dominion”) of the other part:
Whereas with a view to the arrangement of more equitable trade relations between the Commonwealth and the Dominion, the Ministers of Customs for the said countries have agreed to recommend to their respective Parliaments Customs duties in accordance with the Schedule attached hereto:—
now therefore it is hereby agreed as follows:—
1. The said Schedule shall come into force on a date to be proclaimed by the Governor-General of the Commonwealth and the Governor-General of the Dominion, after the Parliaments of both countries have signified their acceptance thereof, and shall (subject to the provisions of this Agreement) remain in force until six months’ notice of the termination thereof has been given by either party.
2. The Commonwealth shall not impose any customs duty or increase the rate of any customs duty on any article entering the Commonwealth from the Dominion, and the Dominion shall not impose any customs duty or increase the rate of any
customs duty on any article entering the Dominion from the Commonwealth (whether such article is or is not specifically enumerated in the Schedule hereto, and whether such article is or is not dutiable at the date of this Agreement), except by mutual agreement, until after six months’ notice to the other party to this Agreement.
3. Nothing in this Agreement shall be construed to affect the right of the Commonwealth or of the Dominion to impose new duties upon any articles for the protection of any new industry established or proposed to be established in the Commonwealth or the Dominion as the case may be; provided that such new duties do not exceed the duties imposed on the importation of similar articles from the United Kingdom into the Commonwealth or the Dominion as the case may be.
4. Nothing in this Agreement shall be construed to affect the right of the Commonwealth or the Dominion to bring into force suspended or deferred duties, or to collect or impose dumping duties, or analogous special duties to meet abnormal trading conditions.
5. Nothing in this Agreement shall be construed to affect the right of the Commonwealth to impose primage or other general duties, provided that such duties on goods imported from New Zealand do not exceed the duties imposed on similar goods imported from the United Kingdom.
6. All goods enumerated in the Schedule hereto shall be liable to such primage duty, if any, upon entry into the Dominion, as shall for the time being be in force, provided that such duty does not exceed the primage duty on similar goods imported from the United Kingdom.
7. Goods imported into the Commonwealth, and thereafter transhipped to the Dominion, which if they had been imported direct from the country of origin to the Dominion would have been entitled to be entered under the British Preferential Tariff in the Dominion, shall, upon production of a certificate from the Customs Department of the Commonwealth stating the country of origin of the goods and such other information as is required, be entitled to be entered under the British Preferential Tariff in the Dominion.
8. Goods imported into the Dominion, and thereafter transhipped to the Commonwealth, which if they had been imported direct from the country of origin to the Commonwealth would have been entitled to be entered under the British Preferential Tariff in the Commonwealth, shall, upon production of a certificate from the Customs Department of the Dominion stating the country of origin of the goods and such other information as is required, be entitled to be entered under the British Preferential Tariff in the Commonwealth.
9. The provisions of the last two preceding clauses of this Agreement shall operate from the first day of May One thousand nine hundred and twenty-two, notwithstanding that this Agreement may not at that date have been ratified by the Parliament of either country.
10. No special rebate or bounty shall be granted by the Commonwealth or the Dominion in respect of the sugar contained in any goods exported from the Commonwealth or the Dominion, as the case may be, to the Dominion or the Commonwealth.
Signed Sealed and Delivered by the Honorable Arthur Stanislaus Rodgers Minister of Trade and Customs of the Commonwealth of Australia, for and on behalf of the Commonwealth, in the presence of— | ARTHUR S. RODGERS. (l.s.) |
R. McK. OAKLEY, |
Chairman Tariff Board, |
Australia. |
Signed Sealed and Delivered by the Honorable William Downie Stewart Minister of Customs for the Dominion of New Zealand, for and on behalf of the Dominion, in the presence of— | WM. DOWNIE STEWART. (l.s.) |
W. B. MONTGOMERY, |
Comptroller of Customs, New Zealand. |