Customs Act 1901
Customs Tariff Act 1995
PART I OF SCHEDULE 4
BY-LAW No. 0240008
I, TOM MARSHALL, delegate of the Chief Executive Officer for the purposes of section 271 of the Customs Act 1901, hereby make the by-law set out in the Schedule below.
Unless the context otherwise requires, any word or phrase used in a reference in the by-law set out in the Schedule 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 applies.
THE SCHEDULE
BY-LAW NO. 0240008
Item 1D
Part I of Schedule 4
1. This by-law may be cited as Customs By-law No. 0240008.
2. This by-law shall take effect on and from 26 August 2002.
3. Item 1D in Part I of Schedule 4 to the Customs Tariff Act 1995
applies to scientific instruments or apparatus to which Annex D
of the United Nations Educational, Scientific and Cultural
Organisation (UNESCO) Agreement on the Importation of
Educational, Scientific and Cultural Materials or Annex D of the
Protocol to the Agreement adopted by UNESCO at its 19th session
in Nairobi in 1976 applies, which are consigned to the
organisation listed in Column 1, and entered for home
consumption on or after the date specified in Column 2 opposite
that organisation:
Column 1 Column 2
The Victor Chang Cardiac 26 August 2002
Research Institute
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.
Dated this 18th day of SEPTEMBER 2002
TOM MARSHALL
Delegate of the Chief Executive Officer
Overview
The Customs By-law No. 0240008, enacted in 2002, is a legislative instrument aimed at ensuring compliance with international agreements regarding the importation of scientific instruments and apparatus for educational, scientific, and cultural materials. This by-law was introduced to address the need for precise and consistent application of the relevant provisions of the Customs Tariff Act 1995 to certain scientific instruments imported for specific organisations. The by-law was made under the authority of Tom Marshall, acting as a delegate of the Chief Executive Officer for the purposes of section 271 of the Customs Act 1901. The policy objective is to facilitate the smooth importation of designated scientific instruments into Australia by aligning with UNESCO agreements and protocols, thereby supporting educational and research institutions in their operations.
Scope and Application
The Customs By-law No. 0240008 applies to scientific instruments or apparatus that are subject to Annex D of the UNESCO Agreement on the Importation of Educational, Scientific and Cultural Materials or the Protocol to the Agreement adopted at the 19th session of UNESCO in 1976. These items must be consigned to the Victor Chang Cardiac Research Institute and entered for home consumption on or after 26 August 2002. The by-law specifies the application of Item 1D in Part I of Schedule 4 to the Customs Tariff Act 1995 for these specific goods. The by-law takes effect from the date it was made, which is 26 August 2002, and applies within the jurisdictional reach of the Commonwealth of Australia. The by-law does not explicitly state any exclusions or exemptions but refers to the Customs Tariff Act 1995 for any word or phrase used in the tariff classification. The application of this by-law can be extended or restricted through subordinate instruments as per the Customs Act 1901.
Key Provisions
The Customs By-law No. 0240008 primarily serves to clarify and implement specific provisions related to the importation of scientific instruments and apparatus under the Customs Tariff Act 1995. The by-law (section 1) takes effect from 26 August 2002 and applies to scientific instruments and apparatus that are covered by Annex D of the UNESCO Agreement on the Importation of Educational, Scientific and Cultural Materials or the Protocol to the Agreement adopted in Nairobi in 1976. These items must be consigned to the organisation listed in Column 1 of the Schedule and must be entered for home consumption on or after the date specified in Column 2 opposite that organisation (section 3). The Customs Tariff Act 1995 is defined in the by-law to mean the Customs Tariff Act 1995, as it may have been amended or proposed to be altered (section 4).
The obligations imposed by this by-law primarily pertain to the classification and entry of scientific instruments and apparatus that are subject to its provisions. Importers must ensure that the items they are importing fall within the specified categories outlined in the Schedule. Furthermore, they must ensure that these items are consigned to the correct organisation and entered for home consumption on or after the specified date. This includes compliance with any relevant tariff classifications and the terms of the UNESCO agreements mentioned in the by-law.
For breaches of this by-law, penalties and consequences may apply under the Customs Act 1901 and the Customs Tariff Act 1995. Offences could include incorrect classification of goods, failure to comply with the by-law’s conditions, or any other act that contravenes the provisions of the legislation. The specific penalties for such breaches are not detailed in the by-law itself but can include fines, confiscation of goods, or other administrative actions as prescribed by the relevant acts. The maximum penalties would depend on the nature and severity of the breach, as outlined in the broader legal framework provided by the Customs Act 1901 and associated regulations.