Customs By-law Nos. 9640080, 9640086, 9640089, 9640090, 9640091, 9640092, 9640093, 9640094 and 9640095 (Cth)

CUSTOMS ACT 1901

CUSTOMS TARIFF ACT 1995

PART II OF SCHEDULE 4

BY-LAWS NOS. 9640080, 9640086, 9640089 TO 9640095

I, RICHARD JOHN JANECZKO, delegate of the Chief Executive Officer for

the purposes of section 271 of the Customs Act 1901, hereby make the

by-laws set out in the Schedule hereto.

Unless the context otherwise requires, where a description of goods   

is specified in a by-law set out in the Schedule hereto, the goods    

to which that by-law applies by virtue of that description are such  

goods to which that description would apply if it were specified in  

the tariff classification in Schedule 3 to the Customs Tariff Act

1995.

Unless the context otherwise requires, any word or phrase used in a   

reference in a by-law set out in the Schedule hereto has the same     

meaning as if it were used in the tariff classification in Schedule 3

to the Customs Tariff Act 1995 that applies to those goods to which

that reference in that by-law applies.

THE SCHEDULE

BY-LAW NO. 9640080

Item 33A

  Part II of Schedule 4

1. This by-law may be cited as Customs By-law No. 9640080.            

2. This by-law shall take effect on and from 1 July 1996.              

3. Item 33A in Part II of Schedule 4 to the Customs Tariff Act 1995

applies to blank A.T.A. carnets, prepared in acccordance with      

the Customs Convention on A.T.A. carnets.  

4. For the purposes of this by-law, the "Customs Tariff Act 1995"     

means the Customs Tariff Act 1995, as amended or proposed to be

altered.  

BY-LAW NO. 9640086

Item 33A

  Part II of Schedule 4

1. This by-law may be cited as Customs By-law No. 9640086.            

2. This by-law shall take effect on and from 1 July 1996.              

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3. Item 33A in Part II of Schedule 4 to the Customs Tariff Act 1995

applies to paper catalogues or paper price lists relating          

exclusively to goods and/or services of a country other than       

Australia, designed for international distribution and not         

directed specifically at Australian consumption.                   

4. For the purposes of this by-law, "catalogues" include individual   

leaflets, each advertising a single article, which have been       

permanently fastened together (including fastening by means of     

hinged binders or staples) in such a manner as to give them the    

appearance of a catalogue.  

5. For the purposes of this by-law, "catalogues" and "price lists"    

include publications containing a reference to the name of an      

Australian agent of the overseas person in whose interest the      

publication is issued but not a reference to both the names of     

an Australian agent and an Australian retailer.  

6. For the purposes of this by-law, the "Customs Tariff Act 1995"     

means the Customs Tariff Act 1995, as amended or proposed to be

altered.                   

BY-LAW NO. 9640089

Item 33A

Part II of Schedule 4

1. This by-law may be cited as Customs By-law No. 9640089.            

2. This by-law shall take effect on and from 1 July 1996.              

3. Item 33A in Part II of Schedule 4 to the Customs Tariff Act 1995

applies to documents that are for free distribution and that do    

not contain more than 25% private commercial advertising, as       

follows:  

(a) lists or year books of foreign hotels, published or            

sponsored by official tourist agencies; or  

(b) timetables of transport services operating abroad.             

4. For the purposes of this by-law, the "Customs Tariff Act 1995"     

means the Customs Tariff Act 1995, as amended or proposed to be

altered.     

BY-LAW NO. 9640090

Item 33A

Part II of Schedule 4

1. This by-law may be cited as Customs By-law No. 9640090.            

2. This by-law shall take effect on and from 1 July 1996.              

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3. Item 33A in Part II of Schedule 4 to the Customs Tariff Act 1995

applies to overseas travel literature and printed matter designed  

for general publicity purposes, the chief purpose of which is to   

encourage the public to visit a foreign country, and in which any  

reference to Australia or Australian persons is incidental, as     

follows:  

(a) issued by overseas travel principals or their agents; or       

(b) for free distribution and containing not more than 25%         

private commercial advertising.  

4. This by-law only applies to goods specified in paragraph 3         

designed for international distribution and not directed           

specifically for Australian consumption.      

5. For the purposes of this by-law, the "Customs Tariff Act 1995"     

means the Customs Tariff Act 1995, as amended or proposed to be

altered.  

            BY-LAW NO. 9640091

Item 33A

Part II of Schedule 4

1. This by-law may be cited as Customs By-law No. 9640091.            

2. This by-law shall take effect on and from 1 July 1996.              

3. Item 33A in Part II of Schedule 4 to the Customs Tariff Act 1995

applies to printed paper advertising matter relating exclusively   

to goods and/or services of a country other than Australia,        

designed for international distribution and not directed           

specifically at Australian consumption.  

4. Subject to paragraph 5, this by-law only applies to goods          

specified in paragraph 3 imported in a consignment which complies  

with one of the following requirements, whether or not it is part  

of a series of consignments despatched simultaneously to           

different addresses:     

(a) consists of not more than one document;  

(b) if consisting of more than one document, does not include      

more than one copy of any one document; or  

(c) does not exceed 1 kg gross weight, irrespective of the         

number of documents or copies.  

5. This by-law does not apply to goods imported in multiple           

consignments sent to any one consignee.           

6. For the purposes of this by-law, the "Customs Tariff Act 1995"     

means the Customs Tariff Act 1995, as amended or proposed to be

altered.  

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BY-LAW NO. 9640092

Item 33A

Part II of Schedule 4

1. This by-law may be cited as Customs By-law No. 9640092.            

2. This by-law shall take effect on and from 1 July 1996.              

3. Item 33A in Part II of Schedule 4 to the Customs Tariff Act 1995

applies to technical materials sent to accredited representatives  

or correspondents appointed by national official tourist           

agencies, not intended for distribution, as follows:               

(a) catalogues of fairs;  

(b) documentation about museums, universities, spas or similar     

institutions;  

(c) lists of hotels;  

(d) telephone directories;  

(e) year books.  

4. For the purposes of this by-law, the "Customs Tariff Act 1995"     

means the Customs Tariff Act 1995, as amended or proposed to be

altered.                     

BY-LAW NO. 9640093

Item 33A

Part II of Schedule 4

1. This by-law may be cited as Customs By-law No. 9640093.            

2. This by-law shall take effect on and from 1 July 1996.              

3. Item 33A in Part II of Schedule 4 to the Customs Tariff Act 1995

applies to goods (other than alcoholic beverages, tobacco,         

tobacco products or fuels) imported for an event approved by the   

Regional Director in terms of Article 1 of either the Customs Convention   

Concerning the Facilities for the Importation of Goods for Display 

or Use at Exhibitions, Fairs, Meetings or Similar Events, or        

Annex B.1 of the Convention on Temporary Admission (known as the   

the Istanbul Convention), of a kind and in such quantities as      

approved by the Regional Director in accordance with Article 7 or   

subparagraph 1(d) of Article 6 to the Customs Convention or        

subparagraph 1(d) or 1(e) of Article 5 to Annex B.1 of the          

Istanbul Convention.          

4. For the purposes of this by-law, the "Customs Tariff Act 1995"     

means the Customs Tariff Act 1995, as amended or proposed to be

altered.  

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BY-LAW NO. 9640094

Item 33B

Part II of Schedule 4

1. This by-law may be cited as Customs By-law No. 9640094.            

2. This by-law shall take effect on and from 1 July 1996.             

3. Item 33B in Part II of Schedule 4 to the Customs Tariff Act 1995

applies to samples representing goods solely of overseas origin,   

incorporating or consisting of printed matter, put up as or in     

sample books designed for soliciting orders for the importation    

of the goods represented therein, including textile swatches,      

lino till samples or wallpaper samples.

4. For the purposes of this by-law, the "Customs Tariff Act 1995"      

means the Customs Tariff Act 1995, as amended or proposed to be

altered.  

BY-LAW NO. 9640095

      Item 33B

Part II of Schedule 4

1. This by-law may be cited as Customs By-law No. 9640095.            

2. This by-law shall take effect on and from 1 July 1996.              

3. Item 33B in Part II of Schedule 4 to the Customs Tariff Act 1995

applies to samples of negligible value, as follows:                

(a) raw materials or products, such as yarn, fabrics, paper,       

wood, base metals, marble or other monumental or building      

stone, in lengths, sheets (whether or not bound in albums),    

slabs, pieces or the like, of such dimensions that they are    

useless except for purposes of demonstration; or               

(b) nails, tacks, staples, hook-nails, cramps, studs, spikes,      

screw hooks or screw rings, rivets, drawing pins, bolts and    

nuts (including bolt-ends and screw studs), coach screws,      

screws, cotter-pins, cotters, taper pins or the like,           

buttons, studs, cuff-links or press-fasteners, buckles, hooks  

or other small articles of general use as accessories or       

ornaments for clothing, provided that such articles are        

affixed to cards or are put up as samples in the manner        

usual in the trade and that there is not more than one of      

each size; or  

(c) raw materials or products, such as wood, natural or            

     agglomerated cork, paper or paperboard, fabrics, felt,         

leather, skin, rubber or plastic materials, or articles in     

these materials or products, rendered useless, except for      

purposes of demonstration, by slashing, perforation,           

indelible marking, or by any other effective method; or        

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(d) non-consumable goods (including those which are demonstrated   

merely by being displayed, such as cigarette lighters,         

propelling pencils or cups and saucers):  

(i) without mutilation - in cases generally where one sample  

(including a sample of a set, such as, one water jug and  

two tumblers, when invoiced or packed as a set) of any    

one line is imported of a value not exceeding $2 each     

(or each set).  This shall not be interpreted as          

excluding one sample each of different lines of goods or  

as excluding one sample each of the same lines which are  

in different sizes providing each sample does not exceed  

$2 in value;  

(ii) with mutilation - prior to delivery from Customs          

control, and with the consent of the importer, in cases   

other than those covered by the preceding subparagraph;   

or              

(e) consumable goods such as foodstuffs, beverages, perfumes or    

chemical products, which are destroyed on eating or drinking,  

testing or analysis or the like:  

(i) of a value not exceeding $2 for each sample, providing    

each sample is different; or  

(ii) of a value for any one consignment of the same product    

not exceeding $2.      

4. For the purposes of this by-law, acceptable forms of mutilation    

include:  

(a) for china or glass - the chipping of a sliver in a prominent   

place on each article; or     

(b) for footwear - complete perforation of the sole to the extent  

that the footwear is no longer suitable for wear, but still    

suitable for demonstration purposes; or  

(c) for paper products - the indelible marking of the word         

"Specimen" or other suitable words in a prominent place on     

each article so as to render them unserviceable; or            

(d) for clothing:     

(i) the article to be mutilated by 0.5 cm perforation each    

30 cm in a horizontal and vertical direction or, at the   

importer's option, in a more severe manner by cutting;    

 or  

(ii) the indelible marking of the word "Sample" or other       

suitable words in a prominent place on each article so    

as to make them unserviceable.           

5. For the purposes of this by-law, the "Customs Tariff Act 1995"     

means the Customs Tariff Act 1995, as amended or proposed to be

altered.  

Dated this 12^th day of June 1996.

Richard John Janeczko