CUSTOMS REGULATIONS (REPEALED)

REGULATION 181A   DETERMINATION OF PROFIT (SUBSECTION 269TAC(5B) OF THE ACT)  

181A(1)   [Manner and factors for determining amount]  

For subsection 269TAC(5B) of the Act, this regulation sets out:

(a) the manner in which the Minister must, for subparagraph 269TAC(2)(c)(ii) or (4)(e)(ii) of the Act, work out an amount ( the amount ) to be the profit on the sale of goods; and

(b) factors that the Minister must take account of for that purpose.

181A(2)   [Data relating to like goods]  

For subregulation (1), the Minister must, if reasonably possible, work out the amount by using data relating to the production and sale of like goods by the exporter or producer of the goods in the ordinary course of trade.

181A(3)   [Minister may use other methods]  

If the Minister is unable to work out the amount by using the data mentioned in subregulation (2), the Minister must work out the amount:

(a) by identifying the actual amounts realised by the exporter or producer from the sale of the same general category of goods in the domestic market of the country of export; or

(b) by identifying the weighted average of the actual amounts realised by other exporters or producers from the sale of like goods in the domestic market of the country of export; or

(c) subject to subregulation (4), by using any other reasonable method and having regard to all relevant information.

181A(4)   [Amount exceeds normal profit]  

If:

(a) the Minister uses a method of calculation under paragraph (3) (c) to work out an amount representing the profit of the exporter or producer of the goods; and

(b) the amount worked out exceeds the amount of profit normally realised by other exporters or producers on sales of goods of the same general category in the domestic market of the country of export;

the Minister must disregard the amount by which the amount worked out exceeds the amount of profit normally realised by other exporters or producers.

181A(5)   [Minister may disregard information]  

For this regulation, the Minister may disregard any information that he or she considers to be unreliable.

181A(6)   [Interpretation]  

A word or expression that is defined in Part XVB of the Act and used in this regulation has the meaning given by that Part.