Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 185 of 1999 as amended
This compilation was prepared on 13 May 2011
taking into account amendments up to Act No. 124 of 2010
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney-General's Department, Canberra
Contents
Part 1--Preliminary 1
1............ Short title [see Note 1] ........................................................................ 1
2............ Commencement [see Note 1] .............................................................. 1
3............ Object of Act ....................................................................................... 1
4............ Definitions .......................................................................................... 1
5............ Core criteria for applying for or holding a tradex order ....................... 5
6............ Disqualifying circumstances ............................................................... 6
6A......... Continuity of partnerships ................................................................... 6
7............ Act not to extend to external Territories .............................................. 6
8............ Act not to bind Crown ........................................................................ 6
Part 2--Register of Tradex Orders 7
9............ Secretary to ensure that Register is kept .............................................. 7
Part 3--Making of tradex orders 8
10.......... Application for tradex order ................................................................ 8
11.......... Making of tradex order ....................................................................... 8
Part 4--Variation of tradex orders 11
12.......... Application for variation of tradex order ........................................... 11
13.......... Grant or refusal of application for variation ...................................... 11
Part 5--Revocation, suspension and cessation of tradex orders 14
14.......... Request by holder for revocation of tradex order .............................. 14
15.......... Holder to notify ineligibility .............................................................. 14
16.......... Notice to show cause why tradex order should not be revoked ........ 15
17.......... Suspension of tradex order ............................................................... 15
18.......... Revocation of tradex order following request under section 14 ........ 17
19.......... Revocation of tradex order following notice given to Secretary under section 15 or given by Secretary under section 16 .......................................................................................................... 17
19A....... Revocation of tradex order if holder cannot be contacted .................. 18
20.......... Where individual holder dies or non-individual holder ceases to exist 19
Part 6--Liability to pay tradex duty in respect of nominated goods in certain circumstances 20
21.......... Liability of holder to pay tradex duty ................................................ 20
Part 7--Keeping of records 22
22.......... Holder of tradex order to keep records in relation to nominated goods 22
23.......... Provisions relating to keeping of required records ............................ 22
Part 8--Audit 24
24.......... Audit powers .................................................................................... 24
25.......... Monitoring warrants ......................................................................... 25
Part 9--Offences 27
26.......... Failure to notify details of change in registered particulars ................ 27
27.......... Failure to notify ineligibility .............................................................. 27
28.......... Failure to pay tradex duty .................................................................. 27
29.......... Failure to keep records ...................................................................... 28
30.......... Failure to comply with requirement made by authorised officer ........ 28
31.......... Failure by occupier of premises to provide facilities or assistance for authorised officer 29
32.......... False or misleading statements .......................................................... 29
Part 10--Penalty in lieu of prosecution 30
33.......... When an infringement notice can be served ...................................... 30
34.......... Matters to be included in an infringement notice ............................... 30
35.......... Withdrawal of infringement notice .................................................... 31
36.......... What happens if unpaid tradex duty and penalty are paid .................. 31
37.......... More than one infringement notice may not be served for the same offence 32
38.......... Infringement notice not required to be served etc. ............................. 32
Part 11--Miscellaneous 33
39.......... Reconsideration of certain decisions ................................................. 33
40.......... Review of decisions by Administrative Appeals Tribunal ................ 34
40A....... Evidentiary matters in relation to tradex duty liability ........................ 35
41.......... Other evidentiary matters .................................................................. 35
42.......... Payment by cheque ........................................................................... 36
42A....... Refund of overpaid tradex duty ......................................................... 37
43.......... Power of Secretary to extend certain periods .................................... 37
44.......... Power of Secretary to approve forms ................................................ 37
45.......... Authorised officers ........................................................................... 37
46.......... Tradex order not transmissible .......................................................... 38
47.......... Application of Criminal Code ........................................................... 38
48.......... Delegation ......................................................................................... 38
48A....... Treatment of partnerships .................................................................. 39
49.......... Regulations ....................................................................................... 39
Notes 41
Notes to
the
Tradex Scheme Act 1999 Note 1 The Tradex Scheme Act 1999 as shown in this
compilation comprises Act No. 185,
1999 amended as indicated in the Tables below. For application, saving or transitional provisions made by the
Corporations (Repeals, Consequentials and Transitionals) Act 2001, see
Act No. 55, 2001. For all other relevant information pertaining to application,
saving or transitional provisions see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
185, 1999 |
23 Dec 1999 |
24 June 2000 (see s. 2(2)) |
|
|
|
Corporations (Repeals, Consequentials and Transitionals) Act 2001 |
55, 2001 |
28 June 2001 |
Ss. 4-14 and Schedule 3 (item 558): 15 July 2001 (see Gazette 2001, No. S285) (a) |
|
|
Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001 |
140, 2001 |
1 Oct 2001 |
2 Oct 2001 |
|
|
80, 2004 |
23 June 2004 |
Schedule 1 (items 210, 212, 213, 215): 1 Dec 2004 (see Gazette 2004, No. GN34) |
Sch. 1 (items 212, 213, 215) |
|
|
18, 2008 |
8 Apr 2008 |
Schedule 1: 8 Oct 2008 |
Sch. 1 (items 5, 7) |
|
|
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 |
4, 2010 |
19 Feb 2010 |
Schedule 11 (item 24): 20 Feb 2010 |
-- |
|
Tradex Scheme Amendment Act 2010 |
124, 2010 |
18 Nov 2010 |
Schedule 1: 13 May 2011 (see F2011L00745) |
Sch. 1 (item 8) |
(a) The Tradex Scheme Act 1999 was amended by Schedule 3 (item 558) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:
(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Part 1 |
|
|
am. No. 55, 2001; No. 80, 2004; No. 18, 2008; Nos. 4 and 124, 2010 |
|
|
am. No. 18, 2008 |
|
|
am. No. 124, 2010 |
|
|
S. 6A................................... |
ad. No. 124, 2010 |
|
Part 3 |
|
|
am. No. 18, 2008 |
|
|
am. No. 18, 2008; No. 124, 2010 |
|
|
Part 5 |
|
|
am. No. 18, 2008 |
|
|
Note to s. 16....................... |
am. No. 18, 2008 |
|
am. No. 18, 2008 |
|
|
am. No. 18, 2008 |
|
|
Note to s. 19(1).................. |
rs. No. 18, 2008 |
|
ad. No. 18, 2008 |
|
|
Heading to s. 20................ |
am. No. 124, 2010 |
|
am. No. 124, 2010 |
|
|
Part 6 |
|
|
am. No. 18, 2008 |
|
|
Part 9 |
|
|
am. No. 140, 2001 |
|
|
am. No. 140, 2001 |
|
|
Part 11 |
|
|
am. No. 18, 2008 |
|
|
ad. No. 18, 2008 |
|
|
Heading to s. 41................ |
rs. No. 18, 2008 |
|
ad. No. 18, 2008 |
|
|
am. No. 18, 2008 |
|
|
S. 48A................................. |
ad. No. 124, 2010 |
|
Part 12................................ |
rep. No. 124, 2010 |
|
rep. No. 124, 2010 |
|
Table A
Application, saving or transitional provisions
Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001 (No. 140, 2001)
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Bankruptcy Legislation Amendment Act 2004 (No. 80, 2004)
Schedule 1
212 Transitional--pre-commencement deeds and compositions
(1) For the purposes of this item, if a deed of assignment or a deed of arrangement was executed by a debtor and a trustee under Part X of the Bankruptcy Act 1966 before the commencement of this item, the deed is a pre-commencement deed.
(2) For the purposes of this item, if a composition was accepted before the commencement of this item by a special resolution of a meeting of creditors under section 204 of the Bankruptcy Act 1966, the composition is a pre-commencement composition.
(3) Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
(a) the Bankruptcy Act 1966 and regulations under that Act; and
(b) the Acts amended by Part 2 of this Schedule;
continue to apply, in relation to:
(c) a pre-commencement deed; and
(d) a pre-commencement composition; and
(e) any matter connected with, or arising out of:
(i) a pre-commencement deed; or
(ii) a pre-commencement composition;
as if those repeals had not happened and those amendments had not been made.
213 Transitional--pre-commencement authorities
(1) For the purposes of this item, if:
(a) an authority given by a debtor under section 188 of the Bankruptcy Act 1966 became effective before the commencement of this item; and
(b) as at the commencement of this item, none of the following had happened:
(i) the execution by the debtor and the trustee of a deed of assignment under Part X of the Bankruptcy Act 1966;
(ii) the execution by the debtor and the trustee of a deed of arrangement under Part X of the Bankruptcy Act 1966;
(iii) the acceptance of a composition by a special resolution of a meeting of the debtor's creditors under section 204 of the Bankruptcy Act 1966;
the authority is a pre-commencement authority.
(2) Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
(a) the Bankruptcy Act 1966 and regulations under that Act; and
(b) the Acts amended by Part 2 of this Schedule;
continue to apply, in relation to:
(c) a pre-commencement authority; and
(d) the control of the debtor's property following a pre-commencement authority becoming effective; and
(e) a meeting of the debtor's creditors called under a pre-commencement authority; and
(f) whichever of the following is applicable:
(i) a deed of assignment executed after the commencement of this item by the debtor and the trustee under Part X of the Bankruptcy Act 1966 in accordance with a special resolution of such a meeting;
(ii) a deed of arrangement executed after the commencement of this item by the debtor and the trustee under Part X of the Bankruptcy Act 1966 in accordance with a special resolution of such a meeting;
(iii) a composition accepted after the commencement of this item by a special resolution of such a meeting; and
(g) any other matter connected with, or arising out of:
(i) a pre-commencement authority; or
(ii) a deed of assignment mentioned in subparagraph (f)(i); or
(iii) a deed of arrangement mentioned in subparagraph (f)(ii); or
(iv) a composition mentioned in subparagraph (f)(iii);
as if those repeals had not happened and those amendments had not been made.
215 Transitional--regulations
(1) The regulations may make provision for matters of a transitional nature arising from the amendments made by Parts 1 and 2 of this Schedule.
(2) The Governor-General may make regulations for the purposes of subitem (1).
Tradex Scheme Amendment Act 2008 (No. 18, 2008)
Schedule 1
5 Application--amendment of subsection 5(1)
The amendment of subsection 5(1) of the Tradex Scheme Act 1999 made by this Schedule applies in relation to:
(a) an application made, but not determined, before the commencement of this Schedule; and
(b) an application made on or after the commencement of this Schedule.
7 Application--amendment of subsection 5(2)
The amendment of subsection 5(2) of the Tradex Scheme Act 1999 made by this Schedule applies in relation to nominated goods exported on or after the commencement of this Schedule (whether the tradex order in respect of which the goods are nominated goods was made before or after that commencement).
Tradex Scheme Amendment Act 2010 (No. 124, 2010)
Schedule 1
8 Transitional
Despite the amendments made by this Part, the Tradex Scheme Act 1999 continues to apply, after the commencement of this item, in relation to:
(a) an application made under section 10 of the Tradex Scheme Act 1999 before that commencement; or
(b) a tradex order made in response to an application referred to in paragraph (a); or
(c) any matter or thing connected with, or arising out of, a tradex order referred to in paragraph (b);
as if those amendments had not been made.