Commonwealth Numbered Acts

PREFERENCE TO AUSTRALIAN GOODS (COMMONWEALTH AUTHORITIES) ACT 1980 No. 113, 1980 - SECT 8

8. (1) A person who furnishes to a Commonwealth authority a tender, or a
quotation, for the supply of goods (in this section referred to as "goods to
be supplied") that consist of, or include, goods, or parts of goods, that, if
the tender is accepted-

   (a)  are to be imported into Australia by the person on behalf of the
        authority for the purposes of the relevant contract; and

   (b)  by reason of having been so imported, will be exempt from duties of
        customs, shall include in the tender or quotation, as the case may be,
        in addition to the price at which he is willing to supply the
        goods to be supplied, a duty-paid price for the goods to be supplied.

(2) Where a Commonwealth authority is satisfied that-

   (a)  a duty-paid price set out in a tender or quotation furnished to it is
        incorrect for any reason; or

   (b)  a duty-paid price set out in a tender or quotation furnished to it is
        no longer appropriate by reason of a change in the rate of the duty of
        customs applicable to the goods concerned, the Commonwealth authority
        may, by notice in writing served on the person who furnished the
        tender or quotation, inform him of the fact that the duty-paid price
        is incorrect or is no longer appropriate, as the case may be, and
        request him to notify the authority, within a period specified in the
        notice-

   (c)  where the duty-paid price set out in the tender or quotation is
        incorrect -of the correct duty-paid price in relation to the goods
        concerned; or

   (d)  where the duty-paid price set out in the tender or quotation is no
        longer appropriate by reason of a change in the rate of the duty of
        customs applicable to the goods concerned-of the duty-paid price in
        relation to the goods concerned calculated on the assumption that the
        date on which the goods are to be imported into Australia is the date
        of the notice.

(3) Where a notice has been served on a person under sub-section (2), the
Commonwealth authority concerned shall not accept any of the tenders or
quotations received for the supply of the goods concerned until the expiration
of the period specified in the notice and, after the expiration of that
period, the Commonwealth authority shall exclude the tender or quotation to
which the notice relates from any further consideration unless the person on
whom the notice was served has complied with the notice.
(4) In this section, "duty-paid price", in relation to goods to be supplied
that consist of, or include, goods, or parts of goods, that are to be imported
into Australia by the supplier on behalf of the Commonwealth authority
concerned, means the price equal to the price at which the supplier is willing
to supply the goods to be supplied plus an amount equal to the duty of customs
that would be payable on the goods to be supplied, or on such of those goods,
or such parts of those goods, as are to be so imported into Australia, if they
were to be imported into Australia by, and on behalf of, the supplier at the
time when the tender or quotation is furnished.