Customs By-law Nos. 9340011, 9340012, 9340013, 9340014 and 9340015

Administered by Attorney-General's Department

Legislation au F2009B00196 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. 9340011 TO 9340015

 

 

 

I, ROBERT JAMES MITCHELL, 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. 9340011

 

 

                                                                    Item 45

                                                     Part III of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9340011.            

 

2. This by-law shall take effect on and from 30 May 1992.             

 

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

   applies to goods for the McArthur River Project including          

   commissioning spares, initial service spares and standby equipment.

 

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. 9340012

 

 

                                                                    Item 45

                                                     Part III of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9340012.            

 

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


                                  2

 

 

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

   applies to goods for the Mount Isa Surface Bulk Air Cooling Project

   including commissioning spares, initial service spares and standby 

   equipment.

 

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. 9340013

 

 

                                                                    Item 45

                                                     Part III of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9340013.            

 

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 goods for the Gove Expansion Project including          

   commissioning spares, initial service spares and standby equipment.

                                                        

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. 9340014

 

 

                                                                    Item 46

                                                     Part III of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9340014.            

 

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

 

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

   applies to goods for the Allansford cheese and whey production

   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. 9340015

 

 

                                                                    Item 47

                                                     Part III of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9340015.            

 

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


                                 3

 

 

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

   applies to non-articulated rear dump trucks, 4 x 2 or 4 x 4        

   drive, designed for off highway operation, being trucks which      

   are designed to have, when complete, a payload capacity of 45 t    

   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.                                                           

 

 

Dated this fourth day of February 1993

 

 

 

 

 

 

                                                              ROBERT JAMES MITCHELL

                                                       Delegate of the Comptroller- 

                                                                 General of Customs

 

Overview

The Customs By-laws Nos. 9340011 to 9340015 were enacted in 1993 under the authority of the Customs Act 1901, specifically by Robert James Mitchell, a delegate of the Comptroller-General of Customs. These by-laws were introduced to ensure specific goods related to particular projects and equipment types are correctly classified and taxed according to the Customs Tariff Act 1987. By aligning the classification of goods for the McArthur River Project, Mount Isa Surface Bulk Air Cooling Project, Gove Expansion Project, Allansford cheese and whey production project, and non-articulated rear dump trucks with the Customs Tariff Act 1987, these by-laws aimed to provide clarity and consistency in the application of customs duties and regulations. The policy objective was to facilitate the smooth importation of essential goods and equipment for these projects by ensuring they fall under the correct tariff classifications.

Scope and Application

The Customs By-laws No. 9340011 to 9340015, made under the authority of the Customs Act 1901, apply specifically to goods associated with particular industrial projects and vehicles as defined by the Customs Tariff Act 1987. These by-laws dictate the tariff classifications for the McArthur River Project, Mount Isa Surface Bulk Air Cooling Project, Gove Expansion Project, Allansford cheese and whey production project, and non-articulated rear dump trucks with a payload capacity of 45 tonnes or greater. Each by-law specifies the effective date from which the classification applies, ranging from 1 July 1989 to 30 May 1992. The geographic and jurisdictional reach of these by-laws is national, as they are issued under the Commonwealth's authority. The by-laws do not explicitly state any exclusions, exemptions, or thresholds beyond the specific items and projects mentioned. The application of these by-laws may be extended or restricted through subordinate instruments, aligning with the overarching Customs Act 1901 and Customs Tariff Act 1987.

Key Provisions

The Customs By-laws No. 9340011 to 9340015, made under the authority of the Customs Act 1901, apply specific tariff classifications to certain goods. For example, Customs By-law No. 9340011 applies Item 45 in Part III of Schedule 4 to the Customs Tariff Act 1987 to goods related to the McArthur River Project, including commissioning spares, initial service spares and standby equipment (section 1). Similarly, Customs By-law No. 9340012 applies Item 45 to goods for the Mount Isa Surface Bulk Air Cooling Project (section 2), while Customs By-law No. 9340013 applies Item 45 to goods for the Gove Expansion Project (section 3). Customs By-law No. 9340014 applies Item 46 to goods for the Allansford cheese and whey production project (section 4), and Customs By-law No. 9340015 applies Item 47 to non-articulated rear dump trucks designed for off highway operation with a payload capacity of 45 tonnes or greater (section 5). These by-laws impose specific obligations on parties importing or exporting the goods covered by the by-laws, ensuring that the correct tariff classification and associated duties are applied. Importers and exporters must declare the goods in accordance with the applicable by-law and the Customs Tariff Act 1987. This includes providing accurate descriptions and classifications of the goods, which must align with the descriptions and classifications specified in the relevant by-law and the Customs Tariff Act 1987. Failure to comply with these by-laws may result in various penalties. Under the Customs Act 1901, penalties for non-compliance can include fines, imprisonment, or both. The specific penalties depend on the nature and severity of the breach, but they can be substantial, particularly for repeated or deliberate non-compliance. Additionally, the Australian Customs and Border Protection Service may take enforcement actions, such as seizing non-compliant goods, to ensure compliance with the relevant 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.