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Tradex Scheme Amendment Regulations 2011 (No. 1)

Authoritative Version
  • - F2011L00742
  • No longer in force
SLI 2011 No. 63 Regulations as made
These Regulations amend the Tradex Scheme Regulations 2008 to clarify the treatment of loss or wastage under the Tradex Scheme on all goods that are processed or treated in Australia prior to export.
Administered by: Innovation, Industry, Science and Research
Registered 12 May 2011
Tabling HistoryDate
Tabled HR23-May-2011
Tabled Senate15-Jun-2011
Date of repeal 09 Aug 2013
Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013

Tradex Scheme Amendment Regulations 2011 (No. 1)1

Select Legislative Instrument 2011 No. 63

I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Tradex Scheme Act 1999.

Dated 12 May 2011

MARIE BASHIR

Administrator

By Her Excellency’s Command

KIM CARR


1              Name of Regulations

                These Regulations are the Tradex Scheme Amendment Regulations 2011 (No. 1).

2              Commencement

                These Regulations are taken to have commenced on 8 October 2008.

3              Amendment of Tradex Scheme Regulations 2008

                Schedule 1 amends the Tradex Scheme Regulations 2008.


Schedule 1        Amendments

(regulation 3)

 

[1]           Regulation 5

substitute

5              Tradex duty on goods that are not processed or treated in Australia

         (1)   This regulation applies to nominated goods if:

                (a)    section 21 of the Act applies to the nominated goods; and

               (b)    the nominated goods do not undergo a process or treatment in Australia that incorporates some or all of the nominated goods to produce other goods.

         (2)   The holder of the tradex order mentioned in subsection 21 (2) of the Act is liable to pay tradex duty on the nominated goods as set out in subsections 21 (3) to (5) of the Act.

5A           Tradex duty on goods that are processed or treated in Australia

         (1)   This regulation applies to nominated goods if:

                (a)    section 21 of the Act applies to the goods; and

               (b)    the nominated goods undergo a process or treatment in Australia that incorporates some or all of the nominated goods to produce other goods (specified goods).

Examples of processes or treatments

1   Manufacturing.

2   Packaging.

3   Mixing the nominated goods with any other goods (including other nominated goods).

         (2)   The holder of the tradex order mentioned in subsection 21 (2) of the Act is liable to pay tradex duty on the nominated goods as set out in subsections 21 (3) to (5) of the Act.

         (3)   The Secretary may remit so much of the tradex duty as the Secretary considers fair and reasonable:

                (a)    having regard to the quantity of the nominated goods that can be demonstrated as normally being contained in specified goods of that kind; and

               (b)    having regard to the quantity of the specified goods that can be demonstrated as having been exported; and

                (c)    having regard to the quantity of the specified goods that was consumed or used in Australia; and

               (d)    allowing for the quantity of the nominated goods that is normally lost or wasted in the process or treatment in Australia, but only for the proportion of the specified goods that can be demonstrated as:

                          (i)    having been exported; and

                         (ii)    not having been consumed or used in Australia.

         (4)   In this regulation:

consumed or used has the meaning given by subsection 21 (6) of the Act.

[2]           Paragraph 8 (1) (d)

substitute

               (d)    a process or treatment that:

                          (i)    produces specified goods as described in paragraph 5A (1) (b); and

                         (ii)    occurs before the specified goods are exported;

                        is a permitted consumption or use; and


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.