Customs By-law Nos. 9140040 and 9140041

Administered by Attorney-General's Department

Legislation au F2009B00192 ByLaws Not in force Legislative Instrument

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Customs Act 1901

Customs Tariff Act 1987

PART III OF SCHEDULE 4

BY-LAWS NoS. 9140040 AND 9140041

I, JOHN ARNOLD BRIDGE, delegate of the Comptroller-General of Customs for the purposes of section 271 of the Customs Act 1901, hereby make the by-laws set out in the Schedule hereto.

 

Unless the context otherwise requires, where a description of goods is specified in a by-law set out in the Schedule hereto, the goods that fall within that by-law by virtue of that description are such goods as would fall within that description if it were specified in the tariff classification in Schedule 3 to the Customs Tariff Act 1987 that applies to those goods.

 

Unless the context otherwise requires, any word or phrase used in a reference in a 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.9140040

 

 

                                                                    Item 46

                                                     Part III of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9140040.            

 

2. This by-law shall take effect on and from 14 August 1991.          

 

3. Item 46 in Part III of Schedule 4 to the Customs Tariff Act 1987   

   applies to hay balers.                                             

 

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.                                                           

 

5. Customs By-law No. 9040015, published in Gazette No.  GN10 of      

   14 March 1990, is hereby revoked.

 

 


                                 2

 

 

                        BY-LAW NO.9140041

 

 

                                                                   Item 47

                                                    Part III of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9140041.            

 

2. This by-law shall take effect on and from 14 August 1991.          

 

3. Item 47 in Part III of Schedule 4 to the Customs Tariff Act 1987   

   applies to loaders, single function, articulated, four-wheel       

   drive, designed to operate with bucket, having ALL of the          

   following:                                                         

   (a) operating weight exceeding 6 t;                                

   (b) engine power exceeding 60 kW;                                  

   (c) maximum clearance NOT less than 2.5 m;                         

   but NOT including ANY of the following:                            

   (a) loaders designed for use in underground applications;          

   (b) loaders having telescopic booms;                               

   (c) loaders having multiple functions;                             

   (d) buckets, dippers, sticks, grabs, shovels, blades or similar    

       attachments when imported as initial spares or replacement     

       parts;                                                         

   (e) pins, collets or brake drums when imported as initial spares   

       or replacement parts;                                          

   (f) picks, adaptors, points or teeth and similar wear parts when   

       imported as initial spares or replacement parts.               

 

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.                                                           

 

5. Customs By-law No. 91040005, published in Gazette No.  GN4 of

   30 January 1991, is hereby revoked.

 

 

 

Dated this 8th day of August 1991

 

 

 

 

JOHN ARNOLD BRIDGE

Delegate of the Comptroller-General

of Customs

 

Overview

The Customs By-law No. 9140040 and No. 9140041 were introduced under the authority of the Customs Act 1901 and the Customs Tariff Act 1987, aiming to clarify the classification and tariff application for specific goods, namely hay balers and certain types of loaders. These by-laws were enacted to address the need for precise definitions and exclusions regarding the tariff classification of particular machinery. The by-laws were formulated by John Arnold Bridge, a delegate of the Comptroller-General of Customs, and they took effect on 14 August 1991. The policy objective of these by-laws is to ensure accurate customs duties and compliance with the relevant tariff schedules, thereby maintaining a clear and effective regulatory framework for the importation of these items into Australia.

Scope and Application

The Customs By-laws No. 9140040 and No. 9140041, issued under the Customs Act 1901 and the Customs Tariff Act 1987, respectively, apply to the classification and tariff treatment of specific goods imported into Australia. By-law No. 9140040 pertains to hay balers, ensuring they are correctly classified according to the tariff schedule. By-law No. 9140041, on the other hand, governs the classification of loaders, single function, articulated, four-wheel drive, designed to operate with a bucket, provided they meet the specified criteria such as operating weight, engine power, and maximum clearance. These by-laws exclude certain loaders designed for underground use, those with telescopic booms or multiple functions, and various parts imported as spares or replacements. The by-laws have a national reach and are effective from 14 August 1991, superseding previous regulations with their enactment.

Key Provisions

The Customs By-laws No. 9140040 and 9140041 pertain to specific items listed in Part III of Schedule 4 of the Customs Tariff Act 1987. By-law No. 9140040 (section 3) applies to hay balers, while By-law No. 9140041 (section 3) applies to loaders that are single function, articulated, four-wheel drive, and designed to operate with a bucket. These by-laws came into effect on 14 August 1991 and replaced previous by-laws (sections 5 of each). They specify the tariff classifications for these items under the Customs Tariff Act 1987, ensuring that the goods fall within the described classifications as if they were specified in the tariff classification in Schedule 3 of the Customs Tariff Act 1987. These by-laws impose specific obligations on the parties involved in the importation of these items. Importers and other relevant parties must ensure that the goods described in the by-laws are correctly classified under the appropriate tariff items. This means that they must adhere to the specific criteria set out in the by-laws, such as the operating weight, engine power, and maximum clearance for the loaders, and the exclusions for certain types of loaders and attachments. The by-laws also require that any previous by-laws that conflict with these provisions are revoked, as seen in sections 5 of both by-laws. Failure to comply with these by-laws may result in various civil or criminal consequences. While the specific penalties are not detailed in the by-laws themselves, breaches of customs regulations generally can lead to significant fines, confiscation of goods, and potential criminal charges. Importers and other entities must ensure they understand and comply with the by-laws to avoid these consequences. The penalties for breaches of customs regulations can include substantial fines and, in some cases, imprisonment, depending on the severity and intent of the breach. It is essential for parties involved in the importation process to be aware of these potential repercussions and to take all necessary steps to ensure compliance with the Customs By-laws and the Customs Tariff Act 1987.

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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.