Customs By-Law No. 9940009

Administered by Attorney-General's Department

Legislation au F2009B00225 ByLaws Not in force Legislative Instrument

Legislation content

 

 

                                Customs Act 1901

 

 

                             Customs Tariff Act 1995

 

 

                             PART III OF SCHEDULE 4

 

 

                               BY-LAW No. 9940009

 

 

I, DEBORAH JOY BATES. 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.

 

This by-law is made for the purposes of item 66 of Part III of        

Schedule 4 of the Customs Tariff proposed in the Parliament, and will  

have effect as set out in section 273D of the Customs Act 1901.

 

Unless the context otherwise requires, where a description of goods is

specified in the by-law set out in the Schedule, 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 Schedule 3  

to the Customs Tariff Act 1995.

 

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. 9940009

 

 

                                                                    Item 66

                                                     Part III of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9940009.            

 

2. This by-law shall take effect on and from 1 October 1999.          

 

3. Item 66 in Part III of Schedule 4 to the Customs Tariff Act        

   1995 applies to aluminium sheet classified in subheading           

   7606.12.00 or 7606.92.00 used in the manufacture of aluminium      

   cans, as follows:-                                                 

   (1) Bodystock - aluminium sheet having all the following           

       features:-                                                     

       (a) in coils;                                                  

       (b) gauge exceeding 0.26 mm but not exceeding 0.28 mm;         

       (c) alloy composition of 3004 or 3104 as per International     

           Alloy Designation System;                                  

       (d) temper of H19 as per Australian Standard AS 2848.1;        

       (e) coated with oil.                                           


                                  2

 

 

   (2) Endstock - aluminium sheet having all the following            

       features:-                                                     

       (a) in coils;                                                  

       (b) gauge exceeding 0.23 mm but not exceeding 0.25 mm;         

       (c) alloy composition of 5182 as per International Alloy       

           Designation System;                                        

       (d) temper of H19 or H48 as per Australian Standard            

           AS 2848.1;                                                 

       (e) polymer coated.                                            

 

   (3) Tabstock - aluminium sheet having all the following            

       features:-                                                     

       (a) in coils;                                                  

       (b) gauge exceeding 0.22 mm but not exceeding 0.32 mm;         

       (c) alloy composition of 5082 or 5182 as per International     

           Alloy Designation System;                                  

       (d) temper of H19, H39, H391 or H48 as per Australian          

           Standard AS 2848.1.                                        

 

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 twenty second day of September 1999.

 

 

 

 

 

 

 

 

 

                                   DEBORAH JOY BATES

                                   Delegate of the Chief Executive Officer

 

Overview

The Customs By-law No. 9940009, made under the authority of the Customs Act 1901, was enacted in 1999 to address the specific classification and regulation of aluminium sheet used in the manufacture of aluminium cans. The by-law was introduced to provide clarity and precision in the application of the Customs Tariff Act 1995 concerning certain types of aluminium sheet that are critical in the production of cans. It was created to ensure that the correct tariffs and regulations are applied to these materials when they are imported into Australia. This by-law, made by Deborah Joy Bates, a delegate of the Chief Executive Officer, aims to streamline the classification process and ensure compliance with the specified standards and conditions for the aluminium sheet used in the can manufacturing industry.

Scope and Application

The Customs By-law No. 9940009 applies specifically to aluminium sheets classified under subheadings 7606.12.00 or 7606.92.00 when these sheets are used in the manufacture of aluminium cans. The by-law targets three distinct types of aluminium sheets: Bodystock, Endstock, and Tabstock, each defined by their specific gauge, alloy composition, temper, and coating. This legislation operates under the authority of the Customs Act 1901 and the Customs Tariff Act 1995, applying to entities involved in the import and manufacture of aluminium sheets for can production within Australia. The by-law’s jurisdictional reach is national, given the federal nature of the Customs Act, and it became effective from 1 October 1999. There are no stated exclusions or exemptions within the text, but the scope of application is limited to the specified types of aluminium sheets used in the production of cans. The by-law may be further elaborated or modified through subordinate instruments, as permitted under the authority of the Customs Act 1901.

Key Provisions

The main operative sections of this by-law (Customs By-law No. 9940009) pertain to the classification and tariff treatment of specific types of aluminium sheet used in the manufacture of aluminium cans, as outlined in the Schedule. The by-law, which took effect on 1 October 1999, specifies the classification of aluminium sheet under subheadings 7606.12.00 and 7606.92.00, detailing the specific features such as gauge, alloy composition, temper, and coating for different types of aluminium sheet. These types include Bodystock, Endstock, and Tabstock, each with their distinct characteristics (sections 3(1), 3(2), and 3(3)). The by-law also provides definitions for terms used, ensuring that they have the same meanings as those in the Customs Tariff Act 1995 (section 4). The by-law imposes clear obligations on the parties involved, particularly those importing or exporting aluminium sheets that fall under the specified classifications. Importers and exporters must ensure that the aluminium sheets meet the criteria set out in the by-law, such as the correct gauge, alloy composition, temper, and coating. This includes maintaining proper documentation and records to demonstrate compliance with the by-law's requirements. Failure to comply with these obligations could lead to the misclassification of goods, which may result in incorrect tariff rates being applied, leading to financial penalties or other legal consequences. Any breach of this by-law may result in both civil and criminal consequences, depending on the nature and severity of the breach. Under the Customs Act 1901, offences related to the misclassification or improper use of goods can lead to significant penalties. For example, individuals or entities found guilty of knowingly importing or exporting goods in a manner that contravenes the by-law may face fines or imprisonment, with the exact penalties determined by the court. The maximum penalties can be substantial, reflecting the seriousness of the breach and its potential impact on revenue and compliance with customs regulations.

Legal classification tags

Area of Law
Customs Law
Instrument
By-law / Ordinance
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.