Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 185, 1999
Compilation No. 13
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Tradex Scheme Act 1999 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Object of Act
5 Core criteria for applying for or holding a tradex order
6 Disqualifying circumstances
6A Continuity of partnerships
7 Act not to extend to external Territories
8 Act not to bind Crown
Part 2--Register of Tradex Orders
9 Secretary to ensure that Register is kept
Part 3--Making of tradex orders
10 Application for tradex order
11 Making of tradex order
Part 4--Variation of tradex orders
12 Application for variation of tradex order
13 Grant or refusal of application for variation
Part 5--Revocation, suspension and cessation of tradex orders
14 Request by holder for revocation of tradex order
15 Holder to notify ineligibility
16 Notice to show cause why tradex order should not be revoked
17 Suspension of tradex order
18 Revocation of tradex order following request under section 14
19 Revocation of tradex order following notice given to Secretary under section 15 or given by Secretary under section 16
19A Revocation of tradex order if holder cannot be contacted
20 Where individual holder dies or non-individual holder ceases to exist
Part 6--Liability to pay tradex duty in respect of nominated goods in certain circumstances
21 Liability of holder to pay tradex duty
Part 7--Keeping of records
22 Holder of tradex order to keep records in relation to nominated goods
23 Provisions relating to keeping of required records
Part 8--Audit
24 Audit powers
25 Monitoring warrants
Part 9--Offences
26 Failure to notify details of change in registered particulars
27 Failure to notify ineligibility
28 Failure to pay tradex duty
29 Failure to keep records
30 Failure to comply with requirement made by authorised officer
31 Failure by occupier of premises to provide facilities or assistance for authorised officer
32 False or misleading statements
Part 10--Penalty in lieu of prosecution
33 When an infringement notice can be served
34 Matters to be included in an infringement notice
35 Withdrawal of infringement notice
36 What happens if unpaid tradex duty and penalty are paid
37 More than one infringement notice may not be served for the same offence
38 Infringement notice not required to be served etc.
Part 11--Miscellaneous
39 Reconsideration of certain decisions
40 Review of decisions by Administrative Review Tribunal
40A Evidentiary matters in relation to tradex duty liability
41 Other evidentiary matters
42 Payment by cheque
42A Refund of overpaid tradex duty
43 Power of Secretary to extend certain periods
44 Power of Secretary to approve forms
45 Authorised officers
46 Tradex order not transmissible
47 Application of Criminal Code
48 Delegation
48A Treatment of partnerships
49 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
185, 1999 | 23 Dec 1999 | 24 June 2000 (s 2(2)) |
| |
Corporations (Repeals, Consequentials and Transitionals) Act 2001 | 55, 2001 | 28 June 2001 | ||
Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001 | 140, 2001 | 1 Oct 2001 | Sch 1 (items 169-171): 2 Oct 2001 (s 2) | |
80, 2004 | 23 June 2004 | Sch 1 (items 210, 212, 213, 215): 1 Dec 2004 (s 2(1) item 2 and gaz 2004, No GN34) | Sch 1 (items 212, 213, 215) | |
18, 2008 | 8 Apr 2008 | Sch 1: 8 Oct 2008 (s 2(1) item 2) | Sch 1 (items 5, 7) | |
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 | 4, 2010 | 19 Feb 2010 | Sch 11 (item 24): 20 Feb 2010 (s 2(1) item 13) | -- |
124, 2010 | 18 Nov 2010 | Sch 1: 13 May 2011 (s 2(1) item 2) | Sch 1 (item 8) | |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 323-325): 10 Mar 2016 (s 2(1) item 6) | -- |
11, 2016 | 29 Feb 2016 | Sch 2 (items 318-320): 1 Mar 2017 (s 2(1) item 7) | -- | |
61, 2016 | 23 Sept 2016 | Sch 2 (items 101-103) and Sch 3 (item 41): 21 Oct 2016 (s 2(1) item 1) | -- | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 13 (items 3, 6): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 4..................... | am No 55, 2001; No 80, 2004; No 18, 2008; No 4, 2010; No 124, 2010; No 11, 2016 |
s 5..................... | am No 18, 2008 |
s 6..................... | am No 124, 2010 |
s 6A.................... | ad No 124, 2010 |
Part 3 |
|
s 10.................... | am No 18, 2008 |
s 11.................... | am No 18, 2008; No 124, 2010 |
Part 5 |
|
s 16.................... | am No 18, 2008 |
s 17.................... | am No 18, 2008 |
s 19.................... | am No 18, 2008 |
s 19A................... | ad No 18, 2008 |
s 20.................... | am No 124, 2010 |
Part 6 |
|
s 21.................... | am No 18, 2008 |
Part 9 |
|
s 26.................... | am No 140, 2001; No 4, 2016; No 61, 2016 |
s 27.................... | am No 140, 2001; No 4, 2016; No 61, 2016 |
s 28.................... | am No 4, 2016; No 61, 2016 |
s 29.................... | am No 140, 2001; No 4, 2016; No 61, 2016 |
s 30.................... | am No 4, 2016; No 61, 2016 |
s 31.................... | am No 4, 2016; No 61, 2016 |
s 32.................... | am No 4, 2016; No 61, 2016 |
Part 11 |
|
s 39.................... | am No 18, 2008; No 38, 2024 |
s 40.................... | am No 18, 2008; No 38, 2024 |
s 40A................... | ad No 18, 2008 |
s 41.................... | rs No 18, 2008 |
| am No 61, 2016 |
s 42A................... | ad No 18, 2008 |
s 43.................... | am No 18, 2008 |
s 44.................... | am No 18, 2008 |
s 45.................... | am No 4, 2016; No 61, 2016 |
s 48A................... | ad No 124, 2010 |
Part 12.................. | rep No 124, 2010 |
s 50.................... | rep No 124, 2010 |