Customs By-law (Amendment)

Overview

The Customs By-law, enacted in 1904 by the Commonwealth of Australia through the Department of Trade and Customs, serves to amend the existing Customs By-law of 1901. This legislative instrument was introduced to address the need for updating and refining the regulations concerning minor articles for use in the manufacture of goods within the Commonwealth. The policy objective is to ensure that the import regulations are kept current and relevant, facilitating smoother trade practices by removing unnecessary or outdated references, such as the exclusion of "Tips, heel" from the list of minor articles eligible for duty-free entry. This amendment was made under the authority of the Minister for Trade and Customs, Andrew Fisher, and was published in the Gazette to inform and update stakeholders accordingly.

Scope and Application

This statutory rule pertains to the amendment of the Customs By-law concerning minor articles intended for use in the manufacture of goods within the Commonwealth of Australia. The by-law, originally established on 20th December 1901, was designed to facilitate the duty-free importation of minor articles necessary for manufacturing processes. The amendment specifically removes the reference to “Tips, heel,” thereby altering the scope of items that can be imported without incurring duty. The legislation applies to individuals and entities involved in the importation of goods for manufacturing purposes within Australia, thereby affecting industries reliant on such imports. The geographic reach of this by-law is national, extending across all states and territories of the Commonwealth. The by-law does not explicitly state any exclusions, exemptions, or thresholds beyond the amendment noted, and its application may be further defined or extended through subordinate instruments or subsequent legislation.

Key Provisions

The key operative sections of the Customs By-law (1904) are those that define the process for admitting minor articles free of duty within the Commonwealth. Section 1 explicitly states the amendment of the previous Customs By-law of 20th December 1901, removing any reference to "Tips, heel" from the list of items that can be imported without duty. This change effectively narrows the scope of items that can be brought into the country duty-free (Section 1). The Act imposes specific obligations on importers and manufacturers who intend to use minor articles in the production of goods within Australia. These parties must ensure that any minor articles they import are not only on the approved list but also that the items are genuinely intended for use in manufacturing processes. This requirement is designed to prevent any misuse of the duty-free provisions, ensuring that only genuinely necessary articles for manufacturing are imported without incurring customs duties (Section 1). Failure to comply with the provisions of the Customs By-law can result in legal consequences. Although the by-law itself does not explicitly state penalties, breaches of customs regulations generally attract penalties under the broader Customs Act 1901. The penalties can include fines, the confiscation of goods, and potential criminal charges for deliberate or repeated violations. The exact penalties would depend on the severity and intent behind the breach, as outlined in the overarching customs legislation (Section 1).