Customs Acts Amendment Act 1983
Customs Acts Amendment Act 1983
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Customs Acts Amendment Act 1983
Customs Acts Amendment Act 1983
Public Act |
1983 No 5 |
|
Date of assent |
29 July 1983 |
|
Contents
An Act to amend the Customs Acts
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Customs Acts Amendment Act 1983.
(2)
This Act shall come into force on the 29th day of July 1983.
Part I Customs
2 This Part to be read with Customs Act 1966
This Part of this Act shall be read together with and deemed part of the Customs Act 1966 (in this Part referred to as the principal Act).
3 Amendment of Customs Tariff
(1)
The Second Schedule to the principal Act (as substituted by section 4(1) of the Customs Acts Amendment Act (No. 2) 1977 and amended by section 2 of the Customs Amendment Act 1982) is hereby further amended by repealing so much of Part I of the Customs Tariff as relates to items 22.03.025, 22.03.027, 22.03.035, 22.03.037, 22.03.041, 22.03.049, 22.08.018, 22.08.038, 22.09.018, 22.09.022, 22.09.026, 22.09.032, 22.09.036, 22.09.042, 22.09.048, 22.09.058, 24.02.001, 24.02.012, 24.02.018, 24.02.021, and 24.02.029, and substituting the items, rates of duty, and exemptions from duty specified in the First Schedule to this Act.
(2)
The Customs Acts Amendment Act 1982 is hereby consequentially amended by repealing so much of the First Schedule as relates to items 22.03.041, 22.03.049, 22.08.018, 22.08.038, 22.09.018, 22.09.022, 22.09.026, 22.09.032, 22.09.036, 22.09.042, 22.09.048, 22.09.058, 24.02.001, 24.02.012, 24.02.018, 24.02.021, and 24.02.029.
(3)
Every reference in any other enactment (including any Order in Council) in force at the commencement of this Act to any Tariff item referred to in subsection (1) of this section shall thereafter, unless the context otherwise requires, be read as a reference to the corresponding item of the Tariff as substituted by that subsection.
4 Excise duties
(1)
The Third Schedule to the principal Act (as substituted by section 4(1) of the Customs Acts Amendment Act (No. 2) 1981 and amended by section 5 of the Customs Acts Amendment Act 1982) is hereby further amended by repealing so much of the Schedule as relates to Tariff items 24.02.001, 24.02.012, 24.02.018, 24.02.021, and 24.02.029, and substituting the items set out in the Second Schedule to this Act.
(2)
The Customs Acts Amendment Act 1982 is hereby consequentially amended by repealing section 5 and the Third Schedule thereto.
5 Authority to vary rates of excise duty on cigars and snuff
(1)
Section 135 of the principal Act (as amended by section 6(1) of the Customs Acts Amendment Act 1982) is hereby further amended by omitting the words “$12.20 per kilogram”
, and substituting the words “$13.18 per kilogram”
.
(2)
Notwithstanding section 134 of the principal Act, the rate of excise duty on all cigars and snuff containing less than 75 percent of tobacco grown in New Zealand shall be $13.18 per kilogram.
(3)
The Customs Acts Amendment Act 1982 is hereby consequentially amended by repealing section 6.
Part II Sales Tax
6 This Part to be read with Sales Tax Act 1974
This Part of this Act is to be read together with and deemed part of the Sales Tax Act 1974 (in this Part referred to as the principal Act).
7 Rates of sales tax
(1)
The First Schedule to the principal Act (as substituted by section 15(1) and amended by section 16 of the Customs Acts Amendment Act 1982) is hereby further amended by repealing Part H, Part I, Part J, Part K, and Part L, and substituting the new Part H, Part I, Part J, Part K, and Part L set out in the Third Schedule to this Act.
(2)
The Customs Acts Amendment Act 1982 is hereby consequentially amended by repealing so much of the Fourth Schedule as relates to Part H, Part I, Part J, Part K, and Part L of the First Schedule to the principal Act.
Part III Beer Duty
8 This Part to be read with Beer Duty Act 1977
This Part of this Act shall be read together with and deemed part of the Beer Duty Act 1977 (in this Part referred to as the principal Act).
9 Rates of duty on beer brewed in New Zealand
(1)
The principal Act is hereby amended by repealing the First Schedule (as substituted by section 18 of the Customs Acts Amendment Act 1982), and substituting the new First Schedule set out in the Fourth Schedule to this Act.
(2)
The Customs Acts Amendment Act 1982 is hereby consequentially amended by repealing section 18 and the Sixth Schedule thereto.
Part IV Distillation
10 This Part to be read with Distillation Act 1971
This Part of this Act shall be read together with and deemed part of the Distillation Act 1971 (in this Part referred to as the principal Act).
11 Excise duty payable
(1)
The principal Act is hereby amended by repealing the Third Schedule (as inserted by section 20(4) of the Customs Acts Amendment Act 1982), and substituting the new Third Schedule set out in the Fifth Schedule to this Act.
(2)
The Customs Acts Amendment Act 1982 is hereby consequentially amended by repealing section 20(4) and the Seventh Schedule thereto.
SCHEDULES
FIRST SCHEDULE CUSTOMS TARIFF ITEMS, RATES OF DUTY, AND EXEMPTIONS FROM DUTY SUBSTITUTED
Section 3(1)
PART I THE STANDARD TARIFF
| Number | Goods | Rates of Duty | Statistical Key | |||
|---|---|---|---|---|---|---|
| Normal Tariff | Preferential Tariff | Code | Unit | Description | ||
| 22.03 | Beer made from malt: | |||||
| – Containing more than 1.7% but not more than 3% alcohol vol.: | ||||||
| 22.03.025 | – – In containers of not less than 2 litres capacity per ℓ | 63.57c | Aul 42.50c Can 58.85c Pac 42.50c |
00b | 1 | |
| 22.03.027 | – – Other per ℓ | 68.06c | Aul 47.00c Can 63.34c Pac 47.00c |
00e | 1 | |
| – Containing more than 3% but not more than 4.35% alcohol vol.: | ||||||
| 22.03.035 | – – In containers of not less than 2 litres capacity per ℓ | 70.15c | Aul 49.00c
Can 65.43c Pac 49.00c |
00h | 1 | |
| 22.03.037 | – – Other per ℓ | 79.15c | Aul 58.00c Can 74.43c Pac 58.00c |
00i | 1 | |
| 22.03.041 | – Containing more than 4.35% but not more than 5% alcohol vol per ℓ | $1.0866 | Aul 82.50c Can $1.0394 Pac 82.50c |
00h | 1 | |
| 22.03.049 | – Containing more than 5% alcohol vol per ℓ | $1.4024 | Aul $1.07 Can $1.3552 Pac $1.07 |
00j | 1 | |
| 22.08 | Ethyl alcohol or neutral spirits, undenatured, of a strength of 80% vol or higher; denatured spirits (including ethyl alcohol and neutral spirits) of any strength: | |||||
| – Rectified spirits of wine: | ||||||
| 22.08.018 | – – Other per ℓ al | $17.00 | Aul $16.88 Can $16.88 Pac $16.88 |
00d | 1 al | |
| 22.08.038 | – Other per ℓ al | $17.00 | Aul $16.88 Can $16.88 Pac $16.88 |
00e | 1 al | |
| 22.09 | Spirits (other than those of heading No. 22.08); liqueurs and other spirituous beverages; compound alcoholic preparations (known as “concentrated extracts”) for the manufacture of beverages: |
|||||
| – Cordials, liqueurs and bitters: | ||||||
| – – Other: | ||||||
| 22.09.018 | – – – Other kinds per ℓ al | $16.88 | Aul $16.88 |
01f | 1 al | Containing more than 23% vol but not exceeding 57% vol |
| – Spirits and spirituous beverages the strength of which can be ascertained by OIML hydrometer: | 09 a | 1 al | Other | |||
| 22.09.022 | – – Rum per ℓ al | $17.11 | Aul $13.07 Can $16.88 Pac $13.07 |
01c 09j |
1 al 1 al |
In bottles Otherwise packed |
| 22.09.026 | – – Brandy per ℓ al | $16.88 | Aul $13.07 Pac $13.07 |
01 j 09D |
1 al 1 al |
In bottles Otherwise packed |
| 22.09.032 | – – Gin, geneva, schnapps per ℓ al | $16.60 | Aul $16.01 1.1.1984 $15.42 1.1.1985 $14.83 1.1.1986 $14.24 1.1.1987 $13.65 1.1.1988 $13.07 Pac $13.07 |
01j 09d |
1 al 1 al |
In bottles Otherwise packed |
| 22.09.036 | – – Whisky per ℓ al | $16.45 | Aul $15.17 1.1.1984 $14.03 1.1.1985 $12.89 1.1.1986 $11.75 1.1.1987 $10.61 1.1.1988 $ 9.47 Can $16.33 Pac $ 9.47 |
01d 09k |
1 al 1 al |
In bottles Otherwise packed |
| 22.09.042 | – – Vodka per ℓ al | $16.72 | Aul $16.01 1.1.1984 $15.42 1.1.1985 $14.83 1.1.1986 $14.24 1.1.1987 $13.65 1.1.1988 $13.07 Can $16.60 Pac $13.07 |
01d 09k |
1 al 1 al |
In bottles Otherwise packed |
| 22.09.048 | – – Other per ℓ al | $17.00 | Aul $16.88 Can $16.88 Pac $16.88 |
Spirits obtained by distilling wine or grape marc | ||
| 01b | 1 al | In bottles | ||||
| 09h | 1 al | Otherwise packed | ||||
| Other | ||||||
| 11 k | 1 al | In bottles | ||||
| 19e | 1 al | Otherwise packed | ||||
| – Other: | ||||||
| 22.09.058 | – – Other kinds per ℓ al | $17.02 | Aul $16.88 | 01h | 1 al | Containing more than 23% vol but not exceeding 57% vol |
| Can $16.88 | Other | |||||
| Pac $16.88 | 09c | 1 al | ||||
| 24.02 | Manufactured tobacco; tobacco extracts and essences: | |||||
| 24.02.001 | – Cigars, cheroots and cigarillos, including the weight of every band, wrapper or attachment thereto per kg | $19.61 plus 12.5 | Aul $19.05 plus 12.5 Can $19.05 plus 12.5 DC $19.05 plus 12.5 Pac $12.37 |
00g | kg | |
| – Cigarettes: | ||||||
| 24.02.012 | – – Exceeding in weight 1.134 kg per 1000 per kg | $19.73 plus 35 | Aul $19.73 plus 35 DC $19.73 plus 30 Pac $19.73 |
00j | kg | |
| 24.02.018 | – – Not exceeding in weight 1.134 kg per 1000 per 1000 | $22.39 plus 35 | Aul $22.39 plus 35 DC $22.39 plus 30 Pac $22.39 |
00g | Th | |
| 24.02.021 | – Snuff per kg | $18.46 | Aul $18.18 Can $18.18 Pac $12.37 |
00h | kg | |
| 24.02.029 | – Other manufactured tobacco per kg | $14.79 plus 35 | Aul $14.79 plus 30 | 01g | kg | Pipe |
| Can $14.79 plus 30 | 11D | kg | Cigarette | |||
| Pac $14.79 | 19k | kg | Other | |||
SECOND SCHEDULE ITEMS SUBSTITUTED IN THIRD SCHEDULE TO CUSTOMS ACT 1966 Excise Duties
Section 4(1)
| Tariff Item | Goods | Rates of Duty |
|---|---|---|
| “Tobacco, manufactured: | ||
| 24.02.001 | Cigars and snuff: Containing less than 75 percent of tobacco grown in New Zealand | per kg $13.18 |
| 24.02.021 | Containing 75 percent or more of tobacco grown in New Zealand | per kg $12.37 |
| Cigarettes: | ||
| 24.02.012 | Exceeding in weight 1.134 kg per 1000 | per kg $19.73 |
| 24.02.018 | Not exceeding in weight 1.134 kg per 1000 | per 1000 $22.39 |
| 24.02.029 | Other manufactured tobacco | per kg $14.79” |
THIRD SCHEDULE ITEMS SUBSTITUTED IN FIRST SCHEDULE TO SALES TAX ACT 1974
Section 7(1)
FIRST SCHEDULE Rates of Sales Tax
“PART H Goods Which, if Not Exempt From Sales Tax, are Subject to Sales Tax at the Rate of $1.40 Per Litre
1.
Wines, vermouths, and other fermented beverages, whether flavoured or not, containing more than 14 percent volume of alcohol, classified under headings 22.05 and 22.06 of the Customs Tariff, fortified by the addition of spirits or any substance containing spirit.
PART I Goods Which, if Not Exempt From Sales Tax, are Subject to Sales Tax at the Rate of 72 Cents Per Litre
1.
Wines, vermouths, and other fermented beverages classified under headings 22.05 and 22.06 of the Customs Tariff, other than those specified in Part H of this Schedule.
PART J Goods Which, if Not Exempt From Sales Tax, are Subject to Sales Tax at the Rate of $2.32 Per Litre
1.
Bitters; and spirits containing not more than 23 percent volume of alcohol, classified within items 22.09.011 and 22.09.052 of the Customs Tariff.
PART K Goods Which, if Not Exempt From Sales Tax, are Subject to Sales Tax at the Rate of $4.21 Per Litre
1.
Gin, geneva, schnapps, and vodka.
PART L Goods Which, if Not Exempt From Sales Tax, are Subject to Sales Tax at the Rate of $5.99 Per Litre
1.
All spirituous beverages classified within heading 22.09 of the Customs Tariff (other than gin, geneva, schnapps, vodka, bitters, and spirits containing not more than 23 percent volume of alcohol classified within items 22.09.011 and 22.09.052 of the Customs Tariff).”
FOURTH SCHEDULE NEW FIRST SCHEDULE TO BEER DUTY ACT 1977
Section 9(1)
“FIRST SCHEDULE Rates of Beer Duty
| Beer exceeding 1.70 percent volume of alcohol, but not exceeding 3.00 percent volume of alcohol | |
| In containers of not less than 2 litres capacity | 42.50 cents per litre. |
| Other | 47.00 cents per litre. |
| Beer exceeding 3.00 percent volume of alcohol, but not exceeding 4.35 percent volume of alcohol | |
| In containers of not less than 2 litres capacity | 49.00 cents per litre. |
| Other | 58.00 cents per litre. |
| Beer exceeding 4.35 percent volume of alcohol, but not exceeding 5.00 percent volume of alcohol | 82.50 cents per litre. |
| Beer exceeding 5.00 percent volume of alcohol | $1.07 per litre.” |
FIFTH SCHEDULE NEW THIRD SCHEDULE TO DISTILLATION ACT 1971
Section 11(1)
“THIRD SCHEDULE Classes or Kinds of Spirits
1.
For the purposes of this Schedule ‘Tariff item’ has the same meaning as in section 2 of the Customs Act 1966.
2.
Interpretation of this Schedule shall be governed by the same rules of interpretation applicable to the Customs Tariff.
| Classes or Kinds of Spirits | Rates of Duty |
|---|---|
| 1. Gin, geneva, schnapps of Tariff item 22.09.032 | per litre of alcohol $13.07. |
| 2. Whisky of Tariff item 22.09.036 | per litre of alcohol $9.47. |
| 3. Vodka of Tariff item 22.09.042 | per litre of alcohol $13.07. |
| 4. Cordials, liqueurs, spirits, and other spirituous beverages (containing more than 23 percent volume of alcohol) of Tariff items 22.09.018, 22.09.048, and 22.09.058 as may be approved by the Minister | per litre of alcohol $13.07. |
| 5. Ethyl alcohol or neutral spirits, denatured or undenatured, of Tariff item 22.08.038 for use in museums, hospitals, universities, and other institutions, as may be approved by the Minister or for educational or scientific purposes in such quantities as the Minister may prescribe | Free |
| 6. All other spirits not specified above | per litre of alcohol $16.88.” |
This Act is administered in the Customs Department.
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Versions
Customs Acts Amendment Act 1983
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