Customs By-law Nos. 9340046 and 9340047

Administered by Attorney-General's Department

Legislation au F2009B00198 ByLaws Not in force Legislative Instrument

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Customs Act 1901

Customs Tariff Act 1987

PARTS II AND III OF SCHEDULE 4

BY-LAWS NoS. 9340046 AND 9340047

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. 9340046

Item 47

Part III of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9340046.            

 

2. This by-law shall take effect on and from 16 September 1992.       

 

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

   applies to moulding machines, combined ram and squeeze, fully      

   automatic, with integrated pattern shuttle and sand filling        

   device, designed for the manufacture of green sand foundry         

   moulds having a hardness of not less than 20 newtons/square        

   centimetre, including ancillary equipment therefor.                

 

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. 9340047

Item 27

Part II of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9340047.            

 

2. This by-law shall take effect on and from 10 March 1993.           


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3. Item 27 in Part II of Schedule 4 to the Customs Tariff Act 1987    

   applies to fabric containing not less than 90% by weight of        

   natural fibres, being fabric the Collector is satisfied            

   is made by one or more of the following processes, and by          

   no other process:                                                  

     (i) by hand;                                                     

    (ii) by non-mechanical, non-powered tools held in the hand; or    

   (iii) produced on hand or foot powered looms.                      

 

4. This by-law also applies to goods containing not less than 90%     

   by weight of natural fibres, made up from fabric or yarn, that     

   are hand crocheted, hand knitted, hand netted or hand woven,       

   being goods the Collector is satisfied are made up by one or       

   more of the following processes, and by no other process:          

    (i) by hand;                                                      

   (ii) by non-mechanical, non-powered tools held in the hand.        

 

5. This by-law also applies to:                                       

   (1) textile fabric printed or dyed according to:                   

         (i) the traditional batik method;                            

        (ii) the traditional tie and dye method;                      

       (iii) the traditional hand block printing method;              

        (iv) the traditional kalamkari printing method; or            

         (v) any other method of printing or dyeing that the          

             Collector is satisfied is a traditional method           

             in the country of origin;                                

   (2) goods made by hand from the fabrics specified in               

       subparagraph (1) above, being goods the Collector              

       is satisfied are made by one or more of the following          

       processes, and by no other process:                            

        (i) by hand;                                                  

       (ii) by non-mechanical, non-powered tools held in the hand;    

   (3) garments printed or dyed by one of the methods specified in    

       subparagraph (1) above, after making up, being goods the       

       Collector is satisfied are made by one or more of the          

       following processes, and by no other process:                  

        (i) by hand;                                                  

       (ii) by non-mechanical, non-powered tools held in the hand.    

 

6. This by-law also applies to footwear, the produce or manufacture   

   of a Developing Country, classified under 6403.59.00 in            

   Schedule 3 to the Customs Tariff Act 1987, not incorporating       

   wedges or platforms, and having:                                   

     (i) outer soles of leather;                                      

    (ii) leather heels of a depth not exceeding 20 mm;                

   (iii) leather uppers without quarters; and                         

    (iv) a vamp comprising two or more separate straps,               

   being goods the Collector is satisfied are made by one or          

   more of the following processes, and by no other process:          

     (i) by hand;                                                     

    (ii) by non-mechanical, non-powered tools held in the hand;       

   (iii) by machines powered by foot or hand.                         

 

7. For the purposes of the operation of paragraph 3 or 4 in           

   relation to goods, the incorporation or inclusion in the goods     

   of materials or components of a minor nature that are essential    

   to the assembly or normal operation of the goods shall be          

   disregarded.                                                       

 

8. This by-law does not apply to:                                     

   (a) curtains classified under 6303 in Schedule 3 to the            

       Customs Tariff Act 1987; or                                    

   (b) all towels and towelling.                                      


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9. 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.

 

10. Customs By-law No. 9340017 published in Gazette No. S 56 of        

   18 February 1993, is hereby revoked.

 

 

 

Dated this 5th day of March 1993

 

 

 

 

 

 

ROBERT JAMES MITCHELL

Delegate of the Comptroller-General

of Customs

Overview

The Customs Act 1901 was enacted to provide for the regulation of the importation and exportation of goods into and out of Australia. The Customs Tariff Act 1987 was introduced to address the need for a structured system of tariffs and duties on imported goods, ensuring that the revenue generated from these duties is properly accounted for and utilised. This legislative instrument, Customs By-laws Nos. 9340046 and 9340047, was made by Robert James Mitchell, a delegate of the Comptroller-General of Customs, under section 271 of the Customs Act 1901. The by-laws aim to further define and regulate the classification and duties applicable to specific goods, ensuring compliance with the Customs Tariff Act 1987. These by-laws were introduced to provide clarity and specificity in the classification and duties of certain goods, facilitating accurate assessment and collection of customs duties.

Scope and Application

The Customs By-laws No. 9340046 and 9340047, made under the authority of section 271 of the Customs Act 1901 by Robert James Mitchell, delegate of the Comptroller-General of Customs, pertain to specific goods as outlined in Schedule 4 of the Customs Tariff Act 1987. By-law No. 9340046 applies to moulding machines, specifically those that are fully automatic, combined ram and squeeze, with integrated pattern shuttle and sand filling device, designed for manufacturing green sand foundry moulds with a hardness of not less than 20 newtons per square centimetre, including their ancillary equipment. Conversely, By-law No. 9340047 applies to fabric and goods containing not less than 90% by weight of natural fibres, produced by hand or using non-mechanical, non-powered tools, including fabric printed or dyed using traditional methods, and footwear from developing countries with certain specifications. These by-laws exclude curtains and all towels and towelling from their scope. The by-laws came into effect on 16 September 1992 and 10 March 1993, respectively, and any previously applicable by-law, such as No. 9340017, is revoked upon their commencement.

Key Provisions

The Customs By-law No. 9340046 and Customs By-law No. 9340047, as set out in the Schedule of this legislative instrument, detail specific classifications and criteria for certain goods under the Customs Tariff Act 1987. Customs By-law No. 9340046 (Schedule, Item 47 in Part III of Schedule 4) specifies that the by-law applies to moulding machines that are fully automatic, with integrated pattern shuttle and sand filling devices, designed for the manufacture of green sand foundry moulds with a hardness of at least 20 newtons per square centimetre, including related ancillary equipment. Customs By-law No. 9340047 (Schedule, Item 27 in Part II of Schedule 4) applies to fabric and goods made from this fabric that contain not less than 90% by weight of natural fibres, provided they are made by hand, by non-mechanical, non-powered tools, or on hand or foot-powered looms. This by-law also encompasses fabric or goods that are hand crocheted, hand knitted, hand netted, or hand woven, as well as those printed or dyed using traditional methods. Additionally, it covers footwear from developing countries with specific characteristics, such as leather outer soles and uppers without quarters, made by hand or using non-mechanical tools. These by-laws impose specific obligations on the parties they govern. For example, they require that the goods must meet the detailed descriptions and criteria outlined in the by-laws to qualify for the specified tariff classifications. The Collector must be satisfied that the goods are made according to the prescribed processes, such as by hand or using non-mechanical tools, and that any minor materials or components essential for the assembly or operation of the goods do not disqualify them. These by-laws also mandate that certain items, like curtains and towels, are specifically excluded from the scope of the by-laws. Failure to comply with these by-laws may result in various consequences. Although specific penalties are not detailed in the text, breaches of customs by-laws can typically lead to penalties under the Customs Act 1901. These may include fines, confiscation of the goods, and potential criminal charges for serious or repeated offences. The exact penalties would depend on the specific nature and severity of the breach, as well as any relevant provisions in the Customs Act 1901 and other applicable legislation.

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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.