Federal Register of Legislation - Australian Government

Primary content

Regulations as made
These regulations prescribe the amount of charge to be imposed on the import of emissions-controlled products.
Administered by: Environment and Energy
Registered 12 Jun 2018
Tabling HistoryDate
Tabled HR18-Jun-2018
Tabled Senate18-Jun-2018
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
14-Aug-2018
Expiry Date:
15-Oct-2018
House:
Senate
Details:
Full
Resolution:
Negatived
Resolution Date:
15-Aug-2018
Resolution Time:
Provisions:
Table of contents.

Commonwealth Coat of Arms of Australia

 

Product Emissions Standards (Customs) Charges Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 07 June 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Melissa Price

Assistant Minister for the Environment
Parliamentary Secretary to the Minister for the Environment and Energy

 

  

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Amount of charge imposed on the importation of emissions‑controlled products......... 2


1  Name

                   This instrument is the Product Emissions Standards (Customs) Charges Regulations 2018.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

1 July 2018.

1 July 2018

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Product Emissions Standards (Customs) Charges Act 2017.

4  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including emissions‑controlled product.

                   In this instrument:

Act means the Product Emissions Standards (Customs) Charges Act 2017.

customs value has the meaning given by subsection 154(1) of the Customs Act 1901.

overseas freight has the meaning given by subsection 154(1) of the Customs Act 1901.

overseas insurance has the meaning given by subsection 154(1) of the Customs Act 1901.

passes the importation threshold: see subsection 5(5).

product value of an emissions‑controlled product means:

                     (a)  if the total declared value of the product is less than $20,000that value; or

                     (b)  otherwise—$20,000.

total declared value of an emissions‑controlled product means the sum of the following amounts:

                     (a)  the customs value of the product;

                     (b)  the amount paid or payable for overseas freight and overseas insurance in relation to the product.

5  Amount of charge imposed on the importation of emissions‑controlled products

             (1)  This section is made for the purposes of section 6 of the Act.

Person has not passed the importation threshold

             (2)  If:

                     (a)  a person imports an emissions‑controlled product at a particular time in a financial year; and

                     (b)  at that time, the person has not passed the importation threshold for the financial year;

the amount of the charge imposed on the importation of the product is nil.

Person passes the importation threshold

             (3)  If:

                     (a)  a person imports an emissions‑controlled product at a particular time in a financial year; and

                     (b)  at that time, the person passes the importation threshold for the financial year;

the amount of the charge imposed on the importation of the product is to be worked out using the following formula:

where:

total product value means the sum of the product values of each emissions‑controlled product that the person has imported at the time the person passes the importation threshold for the financial year.

Person has already passed the importation threshold

             (4)  If:

                     (a)  a person imports an emissions‑controlled product at a particular time in a financial year; and

                     (b)  at that time, the person has already passed the importation threshold for the financial year;

the amount of the charge imposed on the importation of the product is to be worked out by multiplying the product value of the product by 0.0045.

Passes the importation threshold

             (5)  A person who imports an emissions‑controlled product at a particular time in a financial year passes the importation threshold for the financial year if the sum of the following amounts is more than $32,000:

                     (a)  the product value of the product;

                     (b)  the sum of the product values of any other emissions‑controlled products previously imported by the person in the financial year.

Rounding

             (6)  An amount worked out under subsection (3) or (4) is to be rounded to the nearest cent (rounding 0.5 cents upwards).