Customs By-law No. 9540003

Administered by Attorney-General's Department

Legislation au F2008B00310 ByLaws Not in force Legislative Instrument

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Customs Act 1901

Customs Tariff Act 1987

PART I OF SCHEDULE 4

BY-LAW No. 9540003

I, Ian Christopher McDonald, delegate of the Comptroller-General of Customs for the purposes of section 271 of the Customs Act 1901, hereby make the by-law set out in the Schedule hereto.

Unless the context otherwise requires, where a description of goods is specified in the 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 1987.

Unless the context otherwise requires, any word or phrase used in reference in the 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 1987 that applies to those goods to which that reference in that by-law applies.

THE SCHEDULE

BY-LAW NO. 9540003

Item 1D

Part I of Schedule 4

                                                                                   

1. This by-law may be cited as Customs By-law No. 9540003.            

2. This by-law shall take effect on and from  9 December 1994.        

3. Item 1D in Part I of Schedule 4 to the Customs Tariff Act 1987     

   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 apply, which are consigned to an 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              

                                                                      

   Antarctic Division of the Department of      9 December 1994       

   the Environment, Sport and Territories                             

   Australian Institute of Marine Science       9 December 1994       

   Australian Radiation Laboratories            9 December 1994       

   Baker Medical Research Institute             9 December 1994       

   Bureau of Meteorology Research Centre        9 December 1994       

   Centenary Institute of Cancer Medicine and   9 December 1994       

   Cell Biology                                                       

   The Children's Medical Research Foundation   9 December 1994       

   The Garvan Institute of Medical Research     9 December 1994       

   The Heart Research Institute                 9 December 1994       

   Howard Florey Institute                      9 December 1994       

   Ludwig Institute for Cancer Research         12 April 1995         

   MacFarlane Burnett Centre for Medical        9 December 1994       

   Research                                                           

   The Mental Health Research Institute of      9 December 1994       

   Victoria                                                           

   The Menzies School of Health Research        9 December 1994       

   Prince Henry's Institute of Medical          9 December 1994       

   Research                                                           

   Queensland Institute of Medical Research     9 December 1994       

   Sir Albert Sakzewski Virus Research Centre   9 December 1994       

   St Vincent's Institute of Medical Research,  5 July 1995           

   Melbourne                                                          

   Walter and Eliza Hall Institute of Medical   9 December 1994       

   Research.                                                          

 

 

4. For the purposes of this by-law, the "Customs Tariff Act 1987"     

   means the Customs Tariff Act 1987, as amended or proposed to be    

   altered.

 

 

Dated this 29th day of June 1995

 

Ian Christopher McDonald

Delegate of the Comptroller-General of Customs

 

NOTICE OF REVOCATION OF CUSTOMS BY-LAW

I, Ian Christopher McDonald, delegate of the Comptroller-General of Customs, pursuant to subsection 33(3) of the Acts Interpretation Act 1901, hereby revoke Customs By-law No. 9440041 published in the Commonwealth of Australia Gazette Ho. GN 48 of 7 December 1994, to take effect on and from 5 July 1995.

 

 

Dated this 29th day of June 1995

 

Ian Christopher McDonald

Delegate of the Comptroller-General of Customs

Overview

The Customs Act 1901, as amended, and the Customs Tariff Act 1987, including Part I of Schedule 4, govern the regulation of customs in Australia. These acts establish the framework for the administration of customs and the imposition of duties on imported goods. Customs By-law No. 9540003, enacted in 1995, was introduced to ensure that specific scientific instruments or apparatus falling under the UNESCO Agreement on the Importation of Educational, Scientific and Cultural Materials, or the Protocol to the Agreement, receive preferential tariff treatment when consigned to certain research organisations listed in the Schedule. This by-law was created under the authority of Ian Christopher McDonald, a delegate of the Comptroller-General of Customs, and aimed to align Australian customs regulations with international agreements on scientific and cultural material imports. The objective was to facilitate smoother importation processes for research entities by reducing customs duties, thereby encouraging the exchange of scientific and educational materials.

Scope and Application

The Customs By-law No. 9540003 applies to specific scientific instruments or apparatus that are covered by Annex D of the UNESCO Agreement on the Importation of Educational, Scientific and Cultural Materials or the corresponding Protocol, and which are consigned to certain listed organisations for home consumption. These organisations include the Antarctic Division of the Department of the Environment, Sport and Territories, the Australian Institute of Marine Science, and several other research institutions, each with an effective date specified in the by-law. The by-law is in effect from 9 December 1994, except for St Vincent's Institute of Medical Research in Melbourne, which has an effective date of 5 July 1995. This by-law is subject to the definitions and classifications under the Customs Tariff Act 1987 and is applicable within the Commonwealth of Australia. Additionally, the by-law revokes a previous by-law, Customs By-law No. 9440041, effective from 5 July 1995, indicating a potential update or amendment in the regulatory framework concerning the importation of specified scientific goods.

Key Provisions

The Customs By-law No. 9540003 applies to scientific instruments or apparatus that meet the criteria outlined in Annex D of the UNESCO Agreement on the Importation of Educational, Scientific and Cultural Materials or the Protocol to the Agreement, and are consigned to specific organisations listed in the schedule. This by-law, which took effect on 9 December 1994, identifies the particular scientific organisations eligible for the customs duty exemptions and specifies the date from which the exemption applies to each organisation. For example, scientific instruments consigned to the Antarctic Division of the Department of the Environment, Sport and Territories, or the Australian Institute of Marine Science, entered for home consumption on or after 9 December 1994, are subject to the provisions of this by-law. The Customs By-law No. 9540003 imposes specific obligations on the parties involved, particularly those consigning scientific instruments or apparatus to the listed organisations. These consignors must ensure that the goods are accurately described in accordance with the definitions provided in the Customs Tariff Act 1987. Additionally, the by-law requires that the scientific instruments or apparatus meet the criteria specified in Annex D of the UNESCO Agreement or the Protocol to the Agreement. Failure to comply with these obligations may result in the goods being subject to standard customs duties and charges. Any breaches of the provisions of Customs By-law No. 9540003 may lead to civil or criminal consequences. While the by-law itself does not specify penalties, breaches of the Customs Act 1901 or the Customs Tariff Act 1987 may result in fines and, in serious cases, imprisonment. The exact penalties depend on the nature and severity of the breach, and are determined in accordance with the provisions of the respective Acts. It is crucial for parties involved to understand and comply with the requirements of these by-laws to avoid any legal repercussions.

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