Customs By-law No. 9940001

Overview

The Customs By-law No. 9940001, made under the authority of the Customs Act 1901, was enacted to address the need for a specific regulatory framework governing the classification and tariff imposition on robots. This by-law was introduced to provide clarity and precision in the application of customs duties and regulations on robots, which are defined as "automatically controlled, reprogrammable, multipurpose manipulators, programmable in three or more axes which may be either fixed in place or mobile for use in industrial automation applications." The by-law was designed to align with the definitions and standards set out in the International Standard ISO 8373:1994(E/F), ensuring that the classification of robots for customs purposes is consistent and internationally recognised. The policy objective is to streamline the customs process for these advanced technological devices, facilitating their importation while ensuring appropriate tariff obligations are met.

Scope and Application

The Customs By-law No. 9940001 applies specifically to robots as defined under the International Standard ISO 8373:1994, which describes them as automatically controlled, reprogrammable, multipurpose manipulators programmable in three or more axes for use in industrial automation applications. This by-law is an extension of the Customs Tariff Act 1995, and therefore applies under the Commonwealth jurisdiction of Australia. The by-law's definitions of key terms such as "reprogrammable", "multipurpose", "manipulator", and "axis" are also drawn from the ISO standard, ensuring consistency in the interpretation and application of the by-law. The by-law came into effect on 1 April 1999 and its scope is limited to the specific classification of robots as outlined in Item 30 of Part II of Schedule 4 of the Customs Tariff Act 1995. There are no stated exclusions, exemptions, or thresholds within the by-law itself, but it should be noted that it is subject to the broader provisions and amendments of the Customs Tariff Act 1995.

Key Provisions

The Customs By-law No. 9940001, as set out in the Schedule to the Customs Act 1901, applies specifically to robots as defined under International Standard ISO 8373:1994(E/F). According to section 3, this by-law applies to robots that are "automatically controlled, reprogrammable, multipurpose manipulators, programmable in three or more axes, which may be either fixed in place or mobile for use in industrial automation applications." The by-law further defines key terms such as "reprogrammable" (section 4), "multipurpose" (section 5), "manipulator" (section 6), and "axis" (section 7), aligning these definitions with the International Standard ISO 8373:1994(E/F). The by-law imposes certain obligations on entities dealing with robots falling under its scope. These entities must ensure that the robots they import, manufacture, or use comply with the definitions and classifications provided. Specifically, they must verify that the robots meet the criteria of being automatically controlled, reprogrammable, multipurpose, and programmable in three or more axes. Additionally, entities must adhere to the definitions of "reprogrammable," "multipurpose," "manipulator," and "axis" as specified in the by-law and the referenced International Standard. Failure to comply with the provisions of the by-law may result in legal consequences. While the by-law itself does not explicitly detail offences or penalties, breaches of the Customs Act 1901 or the Customs Tariff Act 1995 could lead to penalties as outlined in those acts. For instance, the Customs Act 1901 provides for civil and criminal penalties, including fines and imprisonment, depending on the severity of the breach. It is crucial for entities to ensure strict compliance to avoid any potential legal ramifications.