Customs By-law Nos. 9240034, 9240035, 9240036, 9240037, 9240038, 9240039 and 9240040

Administered by Attorney-General's Department

Legislation au F2009B00193 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. 9240034 TO 9240040

I, GRAHAM EDWARD CRUTTENDEN, 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. 9240034

                                                                  Item 59

                                                   Part III of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9240034.            

 

2. This by-law shall take effect on and from 1 July 1992.             

 

3. Item 59 in Part III of Schedule 4 to the Customs Tariff Act 1987   

   applies to used or secondhand passenger motor vehicles of heading  

   8703, the importation of which has been approved, in writing, by   

   the Minister for Land Transport under a prescribed circumstance    

   made under section 20 of the Motor Vehicle Standards Act 1989,     

   as follows:                                                        

 

   (a) vehicles first manufactured to Australian Design Rules         

       specified under Regulation 9C of the Motor Vehicle Standards   

       Regulations; or                                                

 

   (b) vehicles imported by an Australian citizen or an Australian    

       permanent resident or a person who has applied to become an    

       Australian citizen or an Australian permanent resident         

       specified under Regulation 9D of the Motor Vehicle Standards   

       Regulations; or                                                

 

   (c) vehicles specified under Regulation 9E of the Motor Vehicle    

       Standards Regulations; or                                      

 

 

 

                             2

 

 

(d) vehicles which are fifteen years or more old specified under   

    Regulation 9F of the Motor Vehicle Standards Regulations; or   

 

(e) vehicles used for evaluation and research, or for tests to     

    establish whether vehicles of a particular type comply with    

    national standards specified under Regulation 9G(a) of the     

    Motor Vehicle Standards Regulations; or                        

 

(f) vehicles to be used in road racing or rally competition or     

    vehicles to be used in providing support to a road vehicle in  

    road vehicle racing or rally competition and has been built,   

    modified or adapted for that purpose and specified             

    under Regulations 9G paragraphs (b) and (c) of the Motor       

    Vehicle Standards Regulations; or                              

 

(g) vehicles of a type not generally available in Australia and    

    imported primarily for exhibition and specified under          

    Regulation 9G(d) of the Motor Vehicle Standards Regulations; or

 

(h) vehicles for dismantling specified under Regulation 9H of the  

    Motor Vehicle Standards Regulations.                           

 

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    

   amended.

 

 

BY-LAW NO. 9240035

                                                                Item 59

                                                 Part III of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9240035.            

 

2. This by-law shall take effect on and from 1 July 1992.             

 

3. Item 59 in Part III of Schedule 4 to the Customs Tariff Act 1987   

   applies to used or secondhand passenger motor vehicles of heading  

   8703, the importation of which has been approved, in writing, by   

   the Minister for Land Transport under subsection 19(1) of the      

   Motor Vehicles Standards Act 1989, other than vehicles of a type   

   for which an approval has been given to any person under           

   subregulation 5(5) of the Motor Vehicles Standards Regulations.    

 

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.                                                           

 

 


                                     3

 

 

BY-LAW NO. 9240036

                                                                Item 45

                                                 Part III of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9240036.            

 

2. This by-law shall take effect on and from 12 March 1991.           

 

3. Item 45 in Part III of Schedule 4 to the Customs Tariff Act 1987   

   applies to components for the Sydney Mini Mill Project.            

 

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.                                                           

 

 

BY-LAW NO. 9240037

                                                                Item 45

                                                 Part III of Schedule 4

 

 

 

1. This by-law may be cited as Customs By-law No. 9240037.            

 

2. This by-law shall take effect on and from 1 July 1989.             

 

3. Item 45 in Part III of Schedule 4 to the Customs Tariff Act 1987   

   applies to oil or gas well spool forgings, forged using the closed 

   die process, having a yield capacity of 413 000 kPa or greater,    

   single or double flange, having a flange size 370 mm or greater.   

 

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.                                                           

 

 

BY-LAW NO. 9240038

                                                                Item 45

                                                 Part III of Schedule 4

 

 

 

1. This by-law may be cited as Customs By-law No. 9240038.            

 

2. This by-law shall take effect on and from 9 January 1992.          

 

3. Item 45 in Part III of Schedule 4 to the Customs Tariff Act 1987   

   applies to battery powered underground mine coal haulers.          

 

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.                                                           

 

 

 

 

 

                                   4

 

 

BY-LAW NO. 9240039

 

                                                            Item 45

                                             Part III of Schedule 4

 

 

 

1. This by-law may be cited as Customs By-law No. 9240039.            

 

2. This by-law shall take effect on and from 21 October 1991.         

 

3. Item 45 in Part III of Schedule 4 to the Customs Tariff Act 1987   

   applies to cast iron (high chrome) grinding balls, having a

   chemical composition by weight of all of the following:

 

   (a) carbon     - 1.90% to 3.5% (both inclusive)

   (b) chromium   - 10% to 30% (both inclusive)

   (c) manganese  - 0.10% to 1.50% (both inclusive)

   (d) silicon    - 1.50% maximum.          

 

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.                                                           

 

 

BY-LAW NO. 9240040

 

                                                                Item 46

                                                 Part III of Schedule 4

 

 

 

1. This by-law may be cited as Customs By-law No. 9240040.            

 

2. This by-law shall take effect on and from 23 November 1990.        

 

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

   applies to crop sprayers, tractor mounted, twin hydraulic and

   air assisted variable boom, having remote control of air flow,

   air slots, nozzle angle and boom position.          

 

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 18th of June 1992

 

 

 

 

 

                Graham Cruttenden

     Delegate of the Comptroller-

              General of Customs.

 

Overview

The Customs By-laws Nos. 9240034 to 9240040, enacted in 1992, were introduced to address specific tariff classifications and duties on certain imported goods. These by-laws are made under the authority of the Customs Act 1901 and the Customs Tariff Act 1987 by Graham Edward Cruttenden, a delegate of the Comptroller-General of Customs. They aim to provide detailed regulations for the classification and duty assessment of specific imported items, ensuring consistency and compliance with the broader tariff framework. The by-laws delineate particular goods, such as used passenger motor vehicles, industrial components, and agricultural equipment, and specify the conditions under which they are subject to certain tariff rates or exemptions, thereby facilitating smoother trade processes and accurate duty applications.

Scope and Application

The Customs By-laws No. 9240034 to 9240040 under the Customs Tariff Act 1987 are applicable to specific types of goods that are subject to the Customs Tariff Act, as amended or proposed to be altered. These by-laws specify the classification and tariff rates for particular items such as used or secondhand passenger motor vehicles, components for the Sydney Mini Mill Project, oil or gas well spool forgings, battery-powered underground mine coal haulers, cast iron (high chrome) grinding balls, and tractor-mounted crop sprayers. The scope of these by-laws is limited to goods that fall within the specified descriptions, and they apply across the Commonwealth of Australia. The application of these by-laws is contingent on the approval of the Minister for Land Transport under the Motor Vehicle Standards Act 1989 for certain categories of vehicles, and these by-laws extend their reach by detailing specific circumstances under which the importation of these goods is permissible. The by-laws do not explicitly mention any exclusions, exemptions, or thresholds, but their applicability is inherently restricted to the goods described within the by-laws themselves. The authority to make these by-laws stems from section 271 of the Customs Act 1901, delegating the power to the Comptroller-General of Customs.

Key Provisions

The operative sections of the Customs By-laws Nos. 9240034 to 9240040, which are part of the Customs Tariff Act 1987, establish specific tariff classifications and requirements for various imported goods. Customs By-law No. 9240034 (section 3) outlines the conditions under which used or secondhand passenger motor vehicles can be imported, specifying certain criteria such as the vehicle's age, its use for research or competition, and its availability in Australia. Customs By-law No. 9240035 (section 3) applies to used or secondhand passenger motor vehicles approved for importation under certain conditions, excluding those vehicles for which an approval has been given under specific regulations. Customs By-law No. 9240036 (section 3) applies to components for the Sydney Mini Mill Project, while Customs By-law No. 9240037 (section 3) pertains to oil or gas well spool forgings. Customs By-law No. 9240038 (section 3) relates to battery-powered underground mine coal haulers, and Customs By-law No. 9240039 (section 3) addresses cast iron grinding balls with specific chemical compositions. Lastly, Customs By-law No. 9240040 (section 3) specifies crop sprayers with particular features such as remote control and variable booms. These by-laws impose several obligations on the parties involved in the importation of the specified goods. Importers must ensure that the goods meet the criteria outlined in the respective by-laws, such as the age and type of passenger motor vehicles, or the specific features and uses of other goods like spool forgings or crop sprayers. Importers must also obtain necessary approvals from the relevant authorities, such as the Minister for Land Transport or the Comptroller-General of Customs, before importing the goods. Furthermore, importers are required to comply with the Customs Tariff Act 1987 and its amendments, ensuring that the goods are classified correctly and that appropriate duties and taxes are paid. Failure to comply with these by-laws can result in various legal consequences. Violations may lead to fines, penalties, or other enforcement actions under the Customs Act 1901 and the Customs Tariff Act 1987. The specific penalties depend on the nature and severity of the breach, but can include financial penalties, seizure of goods, or other administrative actions. In cases of criminal intent or significant non-compliance, more severe penalties such as imprisonment may apply. It is essential for importers to understand and adhere to the requirements set out in these by-laws to avoid these potential consequences.

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