Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 161E

  (1)   The deductive (derived goods sales) value of imported goods is their value calculated as if the value of each of their units were the unit price of derived goods derived from them sold in the reference sale or sales.

  (2)   In this section:

"derived goods" , in relation to imported goods, means the imported goods after they have been assembled, packaged or further processed in Australia.

"derived goods sale" , in relation to derived goods derived from imported goods, means a sale known to a Collector of derived goods in Australia, being a sale:

  (a)   during the 90 days that began on the day of importation of the imported goods;

  (b)   at the first trade level at which the derived goods were sold after that importation;

  (c)   in circumstances where, in the opinion of the Collector, the purchaser of the derived goods:

  (i)   was not related to the vendor of the derived goods at the time of the sale; and

  (ii)   did not incur any production assist costs in relation to the derived goods; and

  (d)   that was, in the opinion of the Collector, a sale of a sufficient number of units of derived goods as to permit an appropriate determination of the price per unit of the goods.

"reference sale" , in relation to derived goods, means:

  (a)   where there was only one derived goods sale--that sale;

  (b)   where:

  (i)   there were 2 or more such sales; and

  (ii)   derived goods were sold in those sales at the one unit price;

    each of those sales;

  (c)   where:

  (i)   there were 2 or more such sales;

  (ii)   the derived goods were sold in those sales at 2 or more unit prices; and

  (iii)   a higher number of units of derived goods were sold in those sales at one of those unit prices than were sold in those sales at any other single particular unit price;

    the sale, or each of the sales, in which derived goods were sold at the particular unit price first - mentioned in subparagraph   (iii);

  (d)   where:

  (i)   there were 2 or more such sales;

  (ii)   derived goods were sold in those sales at 2 or more unit prices; and

  (iii)   an equal number of units of derived goods were sold in those sales at each of those unit prices;

    the sale or sales in which the derived goods were sold at the lower or lowest of the unit prices; and

  (e)   where:

  (i)   there were 2 or more such sales;

  (ii)   derived goods were sold in those sales at 2 or more unit prices; and

  (iii)   an equal number of units of derived goods were sold in those sales at 2 or more of those unit prices and that number was not exceeded by the number of units of derived goods sold in those sales at any other single particular unit price;

    the sale, or sales, at which derived goods were sold at the lower or lowest of the unit prices first - mentioned in subparagraph   (iii).

"unit price" , in relation to derived goods derived from imported goods and sold in a derived goods sale, means the price of the derived goods in that sale:

  (a)   reduced by the sum of:

  (i)   value unrelated amounts, in relation to the derived goods;

  (ii)   deductible administrative costs in relation to the derived goods;

  (iii)   deductible financing costs in relation to the derived goods; and

  (iv)   the amount of the value added to the derived goods that is attributable to the assembly, packaging or further processing of the imported goods in Australia; and

  (b)   divided by the number of units of the derived goods.