Customs Duties (Provisional Imposition) Act, 1931

Customs Duties (Provisional Imposition) Act, 1931 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1931 Customs Duties (Provisional Imposition) Act, 1931 Customs Duties (Provisional Imposition) Act, 1931 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 38 of 1931. CUSTOMS DUTIES (PROVISIONAL IMPOSITION) ACT, 1931. ARRANGEMENT OF SECTIONS Section 1. Power of Executive Council to impose or vary customs duties. 2. Effect of orders under this Act. 3. Application of general enactment. 4. Repayments on cesser or modification of orders. 5. Power of reference to Tariff Commission. 6. Short title and duration. Acts Referred to Tariff Commission Act, 1926 No. 40 of 1926 Tariff Commission (Amendment) Act, 1930 No. 31 of 1930 Number 38 of 1931. CUSTOMS DUTIES (PROVISIONAL IMPOSITION) ACT, 1931. AN ACT TO AUTHORISE DURING A LIMITED PERIOD THE PROVISIONAL IMPOSITION OR VARIATION OF CUSTOMS DUTIES BY THE EXECUTIVE COUNCIL WHERE SUCH IMPOSITION OR VARIATION APPEARS TO BE IMMEDIATELY NECESSARY TO PREVENT AN EXPECTED DUMPING OF GOODS OR OTHER THREATENED INDUSTRIAL INJURY; AND TO PROVIDE OPPORTUNITY FOR THE CONSIDERATION BY DÁIL EIREANN OF SUCH IMPOSITION OR VARIATION, TO AUTHORISE THE REFERENCE TO THE TARIFF COMMISSION OF QUESTIONS RELATING TO SUCH DUTIES, AND TO MAKE PROVISION FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [5th November, 1931.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Power of Executive Council to impose or vary customs duties. 1.—Whenever the Executive Council is satisfied, on the report of the Minister for Industry and Commerce, that the immediate imposition or variation of a customs duty on any particular description of goods is necessary to prevent an expected dumping of goods of that description or an expected importation of goods of that description, in either case arising out of financial or other events in other countries and occurring in circumstances which would occasion industrial injury, the Executive Council may— (a) if no customs duty is then in force in respect of goods of the said particular description, by order impose, whether with or without qualifications, restrictions, or exemptions, a customs duty of such amount as they think proper to specify in such order on all goods of the said particular description imported into Saorstát Eireann on or after a day (not being prior to the day on which such order is made) specified in such order and (if the Executive Council thinks fit so to specify) on all goods of the said particular description landed in Saorstát Eireann on or after the said day; or (b) if a customs duty is then in force in respect of goods of the said particular description, by order vary, in respect of goods imported into Saorstát Eireann on or after a day (not being prior to the day on which such order is made) specified in such order and (if the Executive Council thinks fit so to specify) in respect of goods landed in Saorstát Eireann on or after the said day, the said customs duty in all or any of the following ways, that is to say, by increasing the rate of the said duty by such amount, or by imposing such conditions or restrictions or by terminating such exemptions as the Executive Council shall in each case think proper to specify in such order. Effect of orders under this Act. 2.—(1) An order made by the Executive Council under this Act shall have effect immediately upon the making thereof and shall cease to have effect in or upon the happening of whichever of the following events first occurs that is to say:— (a) if a resolution approving of such order, with or without modification, is not passed by Dáil Eireann within the next ten days on which Dáil Eireann sits after the day on which such order is made; (b) if a Bill containing provisions to the same effect (with or without modification) as such order is not read a second time by Dáil Eireann within the next twenty days on which Dáil Eireann sits after the passing by Dáil Eireann of a resolution approving (with or without modification) of such order; (c) if the said provisions of the said Bill are rejected by Dáil Eireann during the passage of such Bill through the Oireachtas; (d) the coming into operation of an Act of the Oireachtas containing provisions to the same effect (with or without modification) as such order; (e) the expiration of a period of four months from the day on which such order is made. (2) If, within the next ten days on which Dáil Eireann sits after an order is made by the Executive Council under this Act, Dáil Eireann passes a resolution approving of such order with modifications, such resolution shall operate to modify such order in accordance with such resolution, and as from the passing of such resolution such order shall, until it ceases under this Act to have effect, have effect subject to such modifications. Application of general enactment. 3.—(1) Whenever a customs duty is imposed by an order made by the Executive Council under this Act, the enactments which were, immediately before the making of such order, in force in relation to customs duties generally shall apply to and have effect in respect of the customs duty so imposed so long as such order continues to have effect, whether with or without modification. (2) Whenever a customs duty is varied by an order made by the Executive Council under this Act, all enactments which were in force in respect of such customs duty immediately before the making of such order shall apply to and have effect in respect of such customs duty as so varied so long as such order continues to have effect, whether with or without modification. Repayments on cesser or modification of orders. 4.—(1) Whenever an order made by the Executive Council under this Act ceases to have effect (otherwise than by the coming into operation of an Act of the Oireachtas containing provisions to the same effect, with or without modification, as such order), all moneys paid in pursuance of such order shall be repaid or made good. (2) Whenever an order made by the Executive Council under this Act has effect with modifications made therein by a resolution passed by Dail Eireann, all moneys paid (whether before or after the passing of such resolution) in pursuance of such order which would not be payable under such order as so modified shall be repaid or made good. (3) Whenever an Act of the Oireachtas comes into operation containing provisions to the same effect with modifications as an order made by the Executive Council under this Act and such order ceases, by virtue of such coming into operation, to have effect, all moneys paid in pursuance of such order which would not be payable under such Act shall be repaid or made good. Power of reference to Tariff Commission. 5.—The Executive Council may, if and whenever they think fit so to do, refer to the Tariff Commission under section 2 of the Tariff Commission Act, 1926 (No. 40 of 1926), any matter or question relating to the continuance, variation, or termination of a customs duty imposed or varied by an order of the Executive Council under this Act, and the Tariff Commission shall consider and report on every matter or question so referred to them as if it were a matter or question referred to them under section 2 of the Tariff Commission (Amendment) Act, 1930 (No. 31 of 1930). Short title and duration. 6.—(1) This Act may be cited as the Customs Duties (Provisional Imposition) Act, 1931. (2) This Act shall continue in force for nine months from the passing thereof and shall then expire. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais