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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
This Act applies a set of lower, preferential customs duties to goods that are the produce or manufacture of Canada (as listed in Schedule B), ratifies the Canada–Australia trade agreement, and prescribes how those duties operate (shipment/origin proof, valuation limits, commencement by proclamation). It affects Canadian exporters, Australian importers (who pay the adjusted duties), Australian domestic producers (who may seek suspension protections) and customs officials responsible for valuation and origin determinations.
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Direct links to the current provisions in Customs Tariff (Canadian Preference) 1931.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
CUSTOMS TARIFF (CANADIAN PREFERENCE).
No. 13 of 1931.
An Act relating to Preferential Duties of Customs on Goods the Produce or Manufacture of the Dominion of Canada, and for other purposes.
[Assented to 25th July, 1931.]
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.
Commencement.
Definitions.
“Schedule B” means that portion of the Schedule which is headed “Schedule B”;
“Tariff proposals” means the proposed Duties of Customs introduced into the House of Representatives on the twenty-sixth day of March One thousand nine hundred and thirty-one, and includes any amendment of those proposals;
“the Schedule” means the Schedule to this Act.
Rates of duty on imports from the Dominion of Canada.
4.—(1.) From and after a time and date to be fixed by Proclamation, there shall be payable on the importation into Australia of the undermentioned goods (being the produce or manufacture of the Dominion of Canada), when—
(i) those goods have been shipped from that Dominion to Australia and have not been transhipped, or
(ii) those goods, having been so shipped have been transhipped, and it is proved to the satisfaction of the Collector of Customs that the intended destination of the goods when originally shipped was Australia,
Duties of Customs as follows:—
(a) On all goods described in Schedule B in the Column headed “Tariff Item”—the duties prescribed in the column headed “Tariff on goods the produce or manufacture of Canada”; and
(b) On all goods other than those provided for in the last preceding paragraph—the rates of duty in force under the British Preferential Tariff on the dates on which the goods are respectively entered for home consumption.
(2.) The duties imposed by this section on the goods specified therein shall be in lieu of the duties payable upon those goods as set forth in the resolution passed by each House of the Parliament on the second day of September One thousand nine hundred and twenty-five, and under the Customs Tariff 1921-1930 as proposed to be amended by Tariff proposals, except in relation to goods in respect of which increased duties are provided, and which—
(a) are in transit from the Dominion of Canada to Australia on the date fixed by the Proclamation under this section; and
(b) are entered for home consumption within thirty days after arrival at their port of destination.
Time of Imposition of duties.
Ratification of agreement with Dominion of Canada.
Inland freight.
Non-application of Customs Tariff (Industries Preservation) Act 1921-1922 to Canadian goods.
Power to suspend application of Preference rates to particular goods.
9.—(1.) If at any time—
(a) His Majesty’s Government in the Commonwealth gives notice in writing to His Majesty’s Government in the Dominion of Canada that in consequence of the importation into Australia of goods, of a kind specified in the notice, being the produce or manufacture of the Dominion of Canada, the sale of similar goods produced in Australia is being prejudicially or injuriously affected, and
(b) measures, sufficient, in the opinion of His Majesty’s Government in the Commonwealth, are not put into effect by His Majesty’s Government in the Dominion of Canada, within three months after the date of the notice,
then, from a time and date to be fixed by Proclamation, goods of the kind specified in the notice shall, when imported from the Dominion of Canada, be subject to the rates of duty set out in the General Tariff.
(2.) Upon the withdrawal of any notice given in pursuance of the last preceding sub-section, goods of the kind specified in the notice shall, when imported from the Dominion of Canada after a time and date to be fixed by Proclamation, again become subject to the Tariff which would have been applicable to them if the notice had not been given.
THE SCHEDULE.
TRADE AGREEMENT BETWEEN CANADA AND AUSTRALIA.
His Majesty’s Government in the Dominion of Canada and His Majesty’s Government in the Commonwealth of Australia, being desirous of improving and extending the commercial relations existing between Canada and Australia, and affirming the principle of granting tariff preferences the one to the other on goods of their produce or manufacture for their mutual advantage, have agreed upon the following Articles:—
Article I.
Subject to the provisions of The Customs Tariff of Canada, except as hereinafter provided, Canada grants:
(b) To all other goods the produce or manufacture of Australia, when imported into Canada, the benefits of the British Preferential Tariff.
Article II.
Subject to the provisions of The Customs Tariff of Australia, except as hereinafter provided, Australia grants:
(b) To all other goods the produce or manufacture of Canada, when imported into Australia, the benefits of the British Preferential Tariff.
Article III.
It is hereby agreed that, in the event of the amendment of either the Canadian or the Australian tariff in force on the date on which this Agreement comes into force—
Canada will, in regard to the goods enumerated in Schedule A, maintain at least the actual difference between the rates charged on goods imported from Australia and those imposed by the British Preferential, Intermediate, and General Tariffs respectively; and
Australia will, in regard to the goods enumerated in Schedule B, maintain in respect of the goods from Canada subject to—
(a) the British Preferential Tariff, at least the actual difference between that Tariff and the Intermediate and General Tariffs; and
(b) the Intermediate Tariff, at least the actual difference between that Tariff and the General Tariff.
Article IV.
In determining the value of goods for duty purposes, Canada and Australia agree that no greater amount of inland freight charges shall be included in such value for duty than the actual amount of freight charges that would be incurred if the goods were forwarded from the point of origin of such goods to the nearest point of exit from the exporting country.
Article V.
Goods the produce or manufacture of Australia, imported under the provisions of Article I hereof, shall not be subject to the provisions of Section 6 of the Customs Tariff of Canada.
Goods the produce or manufacture of Canada, imported under the provisions Article II hereof, shall not be subject to the provisions of the Customs Tariff (Industrial Preservation Act, 1921-1922, of Australia.
The Schedule—continued.
Article VI.
Nothing in this Agreement shall be construed to affect the right of either country to impose any special duty or tax (other than dumping duty) upon goods imported, provided that such special duty or tax does not exceed that imposed on similar goods imported from any other country.
Article VII.
for the purposes of this Agreement, goods shall be deemed to be the produce or manufacture of Canada or of Australia, as the case may be, if conforming, in respect to the proportion of home production therein, with the laws or regulations in force in the country of importation which apply to such goods when imported under its British Preferential Tariff.
Article VIII.
The terms “British Preferential Tariff”, “Intermediate Tariff” and “General Tariff” as used in this Agreement and the Schedules thereto shall be deemed to mean the British Preferential Tariff, Intermediate Tariff and General Tariff of Canada or Australia in force on the date the goods are entered for home consumption.
Article IX.
If—(a) at any time either party to this Agreement gives notice in writing to the other party that, in consequence of the importation of goods of a kind specified in the notice, being the produce or manufacture of the exporting country, into the other country, the sale of similar goods produced in that other country is being prejudicially or injuriously affected; and
(b) measures sufficient in the opinion of the Government of the importing country to remedy the conditions complained of, are not put into effect by the Government of the exporting country within three months from the date of the notice,
then, until the notice is withdrawn by the Government of the importing country, goods of the kind specified in the notice shall, when imported into such country, be subject to the rates of duty under its General Tariff.
(2) The parties agree to endeavour to reach a satisfactory arrangement, with a view to the withdrawal of the notice with the least possible delay.
(3) On the withdrawal of the notice, goods of the kind specified in the notice, shall again become subject to the tariff applicable to them before the notice was given.
Article X.
When this Agreement is brought into force by Proclamations as hereinafter provided, the tariff concessions mutually conceded under the Australian Trade Agreement Act of Canada assented to on the 27th June, 1925, and the Resolution passed by the Parliament of Australia on the 2nd September, 1925, shall cease to have effect, except in relation to goods which are in transit between the two countries on the date of issue of the Proclamations, and in respect of which increased duties have been imposed in pursuance of this Agreement, provided such goods are entered for home consumption within thirty days after arrival at port of destination.
Article XI.
This Agreement shall be subject to the approval of the Parliaments of Canada and of Australia. Upon approval being given it shall be brought into force upon the date to be agreed upon between the Governments of Canada and of Australia, by Proclamations published in “The Canada Gazette” and in “The Commonwealth of Australia Gazette”. It shall remain in force for a period of one year from the date of the said Proclamations and thereafter until the expiration of six months from the date on which either Government shall have given to the other notice of its intention to terminate the Agreement.
Signed at Ottawa, Canada, this fifth day of June, one thousand nine hundred and thirty-one, on behalf of His Majesty’s Government in the Dominion of Canada.
R. B. BENNETT
H. H. STEVENS
Signed at Canberra, Australia, this Eighth day of July, one thousand nine hundred and thirty-one, on behalf of His Majesty’s Government in the Commonwealth of Australia.
J. H. SCULLIN
PARKER J. MOLONEY
SCHEDULE A.
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This is an opening excerpt, not the complete document.