Customs Act 1901
Customs Tariff Act 1995
PART III OF SCHEDULE 4
BY-LAWS NoS. 0040027 TO 0040034
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-laws set out in the Schedule below.
In a by-law set out in the Schedule Below –
“security” means the security given (under section 42 of the Customs Act 1901) to and to the satisfaction of the Collector by the importer.
Unless the context otherwise requires, where a description of goods is specified in a 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 a 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. 0040027
Item 41A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 0040027.
2. This by-law shall take effect on and from 1 January 2001.
3. Item 41A in Part III of Schedule 4 to the Customs Tariff Act
1995 applies to goods classified under 8702, 8703 or
8704 of Schedule 3 to the Customs Tariff Act 1995,
including components therefore, imported by the owner of a
determination issued under the Export Facilitation Scheme
for certain motor vehicles and components, other than the
goods specified in the Table below:
THE TABLE
Amphibious vehicles
Goods classified under subheading 8703.10.00
Goods classified under subheading 8704.10.00
Goods having a g.v.w. exceeding 3.5 tonnes.
4. For the purposes of this by-law, "g.v.w." (gross vehicle
weight) is the road weight specified by the manufacturer as
being the maximum design weight capacity of the vehicle. This
weight is the combined weight of the vehicle, the maximum
specified load, the driver and a tank full of fuel.
5. This by-law shall cease to have effect on and from 1 January
2002.
6. 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.
BY-LAW NO. 0040028
Item 41E
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 0040028.
2. This by-law shall take effect on and from 1 January 2001.
3. Item 41E in Part III of Schedule 4 to the Customs Tariff Act
1995 applies to goods classified under a subheading of 8702,
8703 or 8704 in Schedule 3 to the Customs Tariff Act 1995,
including components therefor, imported by a person who
owns duty credit issued under the Automotive
Competitiveness and Investment Scheme (ACIS) set out in the
ACIS Administration Act 1999, other than the goods specified
in the Table below:
THE TABLE
Amphibious vehicles
Goods classified under subheading 8703.10.00
Goods classified under subheading 8704.10.00
Goods having a g.v.w. exceeding 3.5 tonnes
Used vehicles.
4. For the purposes of this by-law, "g.v.w." (gross vehicle
weight) is the road weight specified by the manufacturer as
being the maximum design weight capacity of the vehicle. This
weight is the combined weight of the vehicle, the maximum
specified load, the driver and a tank full of fuel.
5. 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.
BY-LAW NO. 0040029
Item 41F
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 0040029.
2. This by-law shall take effect on and from 1 January 2001.
3. Item 41F in Part III of Schedule 4 to the Customs Tariff Act
1995 applies, subject to paragraphs 4, 5 and 6, to:
(a) vehicle components for use as original equipment in
the manufacture or assembly of the cab/chassis or
drivable chassis of a particular motor vehicle,
having a g.v.w. exceeding 3.5 tonnes, which,
if imported, would be classified under a heading
or subheading of Schedule 3 specified in Table 1 below:
TABLE 1
8701.20.00 8703.24.20 8703.90.20 8704.23.00
8702 8703.31.20 8704.21.10 8704.31.10
8703.22.20 8703.32.20 8704.22.00 8704.32.00
8703.23.20 8703.33.20
UNDER SECURITY;
OR
(b) vehicle components for use as original equipment in the
assembly of a particular motor vehicle, having a
g.v.w. exceeding 3.5 tonnes but less than 4 tonnes,
which, if imported, would be classified under a
heading or subheading of Schedule 3 specified in
Table 2 below:
TABLE 2
8702 8703.24.20 8703.33.20 8704.21.10
8703.22.20 8703.31.20 8703.90.20 8704.31.10
8703.23.20 8703.32.20
UNDER SECURITY.
4. For the purposes of this by-law, "use" includes used up, (eg.
damaged or destroyed) provided that the Collector is
satisfied that the particular goods would not be suitable
for use as motor vehicle components.
5. This by-law does not apply to the following:
(a) sub-assemblies incorporating a combination of more than
one of the following:
(i) cabs;
(ii) chassis frames;
(iii) clutches;
(iv) engines;
(v) gearboxes;
(vi) propeller shaft assemblies;
(vii) radiators; or
(viii) suspension systems; OR
(b) goods, as follows:
(i) cabs other than bare cabs; or
(ii) chassis frames fitted with any attachment or
component other than mounting brackets or towing
hooks; OR
(c) goods, as follows:
(i) accumulators (batteries) or parts therefor;
(ii) air-brake equipment or parts therefor;
(iii) brake drums (other than transmission brake drums)
or parts therefor;
(iv) cab seats or parts therefor;
(v) hubs (other than geared hubs) or parts therefor;
(vi) propeller shaft assemblies or parts therefor;
(vii) radiators or parts therefor;
(viii) radiator hoses;
(ix) radiator flexible mountings;
(x) radios or magnetic sound reproducers whether
combined or not, or parts therefor;
(xi) steering gearboxes or parts therefor;
(xii) suspension components or parts therefor;
(xiii) tapered roller-bearings;
(xiv) tubes (inner);
(xv) tyres;
(xvi) valves for tubeless tyres; or
(xvii) wheels or parts therefor.
6. For the purposes of this by-law:
(a) "air-brake equipment" means equipment clearly identified
as being directly concerned with the braking function and
includes foot brake valves, air valves, air tanks, brake
chambers, airlines and fittings but does not include engine
integrated air compressors, warning devices, axle
incorporated components being brake drums, shoes or linings,
slack adjusters, cam shafts or brake foundations, or airline
and fittings clearly identified as components for use with
peripheral air operated activities such as door closure;
(b) "bare cabs" means cabs not painted further than prime
coated and not fitted or trimmed with any componentry
(eg. seats, instruments, window glass, rubber trim, etc.)
other than mounting brackets;
(c) "brake drums" includes brake drums machined or unmachined;
(d) "cab seats" includes all seats in crew cab or dual cab
vehicles and the driver's seat in buses;
(e) "clutches" means transmission clutches (ie. main driveline
equipment);
(f) "engines" does not include goods incorporating any
transmission equipment (ie. main driveline equipment);
(g) "gearboxes" means transmission gearboxes (ie. main
driveline equipment);
(h) "propeller shaft assemblies" means main driveline equipment;
(i) "radiators" means a sub-assembly comprising water tanks with
inlet and outlet manifolds, radiator core and integral
frame;
(j) "suspension components" means components identified as
being concerned with the suspension function being spring
hangers, spring saddles, equaliser beams, walking beams,
shock absorbers or mounting brackets other than chassis
mounting brackets;
(k) "g.v.w." (gross vehicle weight) is the road weight
specified by the manufacturer as being the maximum
design weight capacity of the vehicle. This weight is
the combined weight of the vehicle, the maximum
specified load, the driver and a tank full of fuel.
7. 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.
BY-LAW NO. 0040030
Item 41G
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 0040030.
2. This by-law shall take effect on and from 1 January 2001.
3. Item 41G in Part III of Schedule 4 to the Customs Tariff Act
1995 applies to goods (being vehicles and components
therefor) for use in the testing, quality control,
manufacturing evaluation or engineering development of:
(a) motor vehicles manufactured by motor vehicle producers
registered under the Automotive Competitiveness and
Investment Scheme, set out in the ACIS Administration
Act 1999; or
(b) original equipment components for inclusion in motor
vehicles manufactured by motor vehicle producers
registered under the Automotive Competitiveness and
Investment Scheme, set out in the ACIS Administration
Act 1999;
if all of the conditions in clause 4 are satisfied.
4. The conditions referred to in clause 3 are as follows:
(A) the importer gives a security to the Collector; and
(B) at the time of entry for home consumption the goods are
owned by Ford Motor Company of Australia Ltd - owner
code 0014752L; and
(C) within a period of 12 months from the date of entry for
home consumption, or within such further period as the
Collector may in writing allow, the goods are re-exported,
destroyed or disposed of in a manner approved in writing
by the Collector.
5. 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.
BY-LAW NO. 0040031
Item 41G
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 0040031.
2. This by-law shall take effect on and from 1 January 2001.
3. Item 41G in Part III of Schedule 4 to the Customs Tariff Act
1995 applies to goods (being vehicles and components
therefor) for use in the testing, quality control,
manufacturing evaluation or engineering development of:
(a) motor vehicles manufactured by motor vehicle producers
registered under the Automotive Competitiveness and
Investment Scheme, set out in the ACIS Administration
Act 1999; or
(b) original equipment components for inclusion in motor
vehicles manufactured by motor vehicle producers
registered under the Automotive Competitiveness and
Investment Scheme, set out in the ACIS Administration
Act 1999;
if all of the conditions in clause 4 are satisfied.
4. The conditions referred to in clause 3 are as follows:
(A) the importer gives a security to the Collector; and
(B) at the time of entry for home consumption the goods are
owned by Holden Ltd - owner code 2587364F; and
(C) within a period of 12 months from the date of entry for
home consumption, or within such further period as the
Collector may in writing allow, the goods are re-exported,
destroyed or disposed of in a manner approved in writing
by the Collector.
5. 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.
BY-LAW NO. 0040032
Item 41G
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 0040032.
2. This by-law shall take effect on and from 1 January 2001.
3. Item 41G in Part III of Schedule 4 to the Customs Tariff Act
1995 applies to goods (being vehicles and components
therefor) for use in the testing, quality control,
manufacturing evaluation or engineering development of:
(a) motor vehicles manufactured by motor vehicle producers
registered under the Automotive Competitiveness and
Investment Scheme, set out in the ACIS Administration
Act 1999; or
(b) original equipment components for inclusion in motor
vehicles manufactured by motor vehicle producers
registered under the Automotive Competitiveness and
Investment Scheme, set out in the ACIS Administration
Act 1999;
if all of the conditions in clause 4 are satisfied.
4. The conditions referred to in clause 3 are as follows:
(A) the importer gives a security to the Collector; and
(B) at the time of entry for home consumption the goods are
owned by Mitsubishi Motors Australia Limited - owner
code 0395065B; and
(C) within a period of 12 months from the date of entry for
home consumption, or within such further period as the
Collector may in writing allow, the goods are re-exported,
destroyed or disposed of in a manner approved in writing
by the Collector.
5. 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.
BY-LAW NO. 0040033
Item 41G
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 0040033.
2. This by-law shall take effect on and from 1 January 2001.
3. Item 41G in Part III of Schedule 4 to the Customs Tariff Act
1995 applies to goods (being vehicles and components
therefor) for use in the testing, quality control,
manufacturing evaluation or engineering development of:
(a) motor vehicles manufactured by motor vehicle producers
registered under the Automotive Competitiveness and
Investment Scheme, set out in the ACIS Administration
Act 1999; or
(b) original equipment components for inclusion in motor
vehicles manufactured by motor vehicle producers
registered under the Automotive Competitiveness and
Investment Scheme, set out in the ACIS Administration
Act 1999;
if all of the conditions in clause 4 are satisfied.
4. The conditions referred to in clause 3 are as follows:
(A) the importer gives a security to the Collector; and
(B) at the time of entry for home consumption the goods are
owned by Toyota Motor Corporation Australia Ltd - owner
code 2240035C; and
(C) within a period of 12 months from the date of entry for
home consumption, or within such further period as the
Collector may in writing allow, the goods are re-exported,
destroyed or disposed of in a manner approved in writing
by the Collector.
5. 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.
BY-LAW NO. 0040034
Item 41G
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 0040034.
2. This by-law shall take effect on and from 1 January 2001.
3. Item 41G in Part III of Schedule 4 to the Customs Tariff Act
1995 applies to goods (being vehicles and components
therefor) for use in the testing, quality control,
manufacturing evaluation or engineering development of:
(a) motor vehicles manufactured by one of the motor vehicle
producers listed in TABLE A; or
(b) original equipment components for inclusion in motor
vehicles manufactured by one of the motor vehicle
producers listed in TABLE A;
if all of the conditions in clause 4 are satisfied.
TABLE A
Ford Motor Company of Australia Ltd - owner code 0014752L;
Holden Ltd - owner code 2587364F;
Mitsubishi Motors Australia Limited - owner code 0395065B;
Toyota Motor Corporation Australia Ltd - owner code 2240035C.
4. The conditions referred to in clause 3 are as follows:
(A) the importer gives a security to the Collector; and
(B) the importer is the owner of a determination issued
by the Australian Customs Service for the purposes
of item 41G; and
(C) within a period of 12 months from the date of entry for
home consumption, or within such further period as the
Collector may in writing allow, the goods are re-exported,
destroyed or disposed of in a manner approved in writing
by the Collector.
5. 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 December 2000.
DEBORAH JOY BATES
Delegate of the Chief Executive Officer