Customs By-law No. 9440033

Overview

The Customs By-law No. 9440033, enacted in 1994 under the authority of the Customs Act 1901, was introduced to address the need for specific security measures on paper imports that are used in the production of various printed materials. This legislative instrument, created by the delegate of the Comptroller-General of Customs, aims to align with the existing classifications outlined in the Customs Tariff Act 1987. The policy objective of the by-law is to ensure that paper imports subjected to certain security requirements meet the specified criteria, thereby regulating the import of paper in a way that safeguards the industry and maintains quality standards for printed materials such as newspapers, periodicals, and posters. By revoking the previous by-law (No. 9440018), this new legislation provides updated and more precise parameters for the classification and security of paper imports under the Customs Tariff Act 1987.

Scope and Application

The Customs By-law No. 9440033, issued under the authority of the Customs Act 1901 and the Customs Tariff Act 1987, applies specifically to the importation of paper used in the production of newspapers, periodicals, posters, and other printed materials that fall within Chapter 49 of the Customs Tariff Act 1987. This by-law, which came into effect on 17 August 1994, establishes security requirements for different categories of paper based on their content of mechanical pulp, grammage, and water absorbency. The application of these security measures is contingent upon the specific characteristics of the paper, such as the percentage of mechanical pulp and the paper's grammage and water absorbency when tested by the one-minute Cobb method. The by-law outlines exemptions for paper that contains more than 55% mechanical pulp with a grammage within the range of 34 g/sq m to 40 g/sq m, thereby excluding certain types of paper from the otherwise stringent security requirements.

Key Provisions

The Customs By-law No. 9440033, which comes into effect on 17 August 1994, is an important legislative instrument that applies specific security measures to certain types of paper as outlined in Part III of Schedule 4 to the Customs Tariff Act 1987. This by-law specifically addresses paper intended for use in the production of newspapers, periodicals, posters, and other printed matter that would fall under Chapter 49 of Schedule 3 to the Customs Tariff Act 1987 if imported. The by-law identifies several categories of paper that are subject to these security measures based on their composition and physical properties, including the percentage of mechanical pulp, grammage, and water absorbency. The by-law imposes obligations on entities dealing with the specified types of paper. Importers and other relevant parties must ensure that any paper falling under the descriptions outlined in Item 39A of Schedule 4 meets the specified criteria. This includes verifying the percentage of mechanical pulp, the grammage, and the water absorbency of the paper, as applicable. The criteria are designed to ensure that the paper is subject to appropriate security measures, which likely include additional scrutiny or controls at the border to prevent illicit activities such as smuggling or the importation of substandard materials. Failure to comply with the provisions of this by-law can result in significant consequences. The Customs Act 1901 and the Customs Tariff Act 1987 provide for a range of penalties for breaches of customs regulations, including fines and imprisonment. While the exact penalties are not specified in the by-law itself, the potential penalties for contravening customs laws generally include substantial fines and/or imprisonment, depending on the severity and intent of the breach. It is also possible that non-compliance could lead to additional civil consequences such as the seizure of goods or administrative penalties imposed by the Australian Border Force.