Compilation #4 | Effective 2016-07-01
FRBR Work URI: /akn/au/act/1981/47
This Act may be cited as the Customs Undertakings (Penalties) Act 1981.
This Act shall come into operation on the day on which the Customs Amendment (Tenders) Act 1981 comes into operation.
The Comptroller-General of Customs (within the meaning of the Customs Act 1901) has the general administration of this Act.
In this Act, unless the contrary intention appears:
Customs undertaking means an undertaking given under subsection 267(1) or 268(2) of the Customs Act 1901, and includes such an undertaking as varied.
item of a Customs Tariff and proposed item of a Customs Tariff have the same respective meanings as in Part XVI of the Customs Act 1901.
prescribed percentage means the prescribed percentage set out in the Customs undertaking that relates to the goods.
For the purposes of this Act, where a Customs undertaking sets out the value of a unit of the goods to which the undertaking relates, the value of the goods shall be calculated in accordance with that value.
This Act does not extend to Norfolk Island.
Subject to subsection (2), where a person breaches a Customs undertaking given by him or her, there is payable by that person to the Commonwealth, by way of penalty, an amount equal to the prescribed percentage of the value of the goods to which the undertaking relates.
Where a person who has given a Customs undertaking has, in partial compliance with the undertaking, entered goods for home consumption under an item, or proposed item, of a Customs Tariff to which the undertaking relates during the period, or each of the periods, specified in the undertaking, the penalty otherwise applicable under subsection (1) shall be reduced by an amount that bears to the amount of that penalty the same proportion as:
where a particular quantity of goods was required to be so entered to comply fully with the undertaking—the quantity of goods so entered bears to that particular quantity; or
where a quantity of goods of a particular value was required to be so entered to comply fully with the undertaking—the value of the goods so entered bears to that particular value.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history