Customs By-law Nos. 9440017 and 9440018

Administered by Attorney-General's Department

Legislation au F2009B00201 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. 9440017 AND 9440018

 

 

I, PETER LUDWIG CARL KITTLER, 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 Schedule 1, and revoke the by-law set out  

in Schedule 2.

 

Unless the context otherwise requires, where a description of goods is  

specified in a by-law set out in Schedule 1, 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 Schedule 1 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.

 

 

                                SCHEDULE 1

 

                            BY-LAW NO. 9440017

 

 

                                                                   Item 39A

                                                     Part III of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9440017.              

 

2. This by-law shall take effect on and from 29 June 1994.              

 

3. Item 39A in Part III of Schedule 4 to the Customs Tariff Act 1987   

   applies to coated paper, having a grammage not exceeding 67 g/sq m,  

   for use in the production of newspapers, periodicals, posters and   

   other printed matter of a kind that, if imported, would be          

   classified within Chapter 49 in Schedule 3 to the Customs Tariff Act

   1987, being paper that contains more than 55% mechanical pulp,      

   under security.                                                      

 

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.                                                            


                                  2

 

 

                        BY-LAW NO. 9440018

 

 

                                                                   Item 39A

                                                     Part III of Schedule 4

 

 

1.  This by-law may be cited as Customs By-law No. 9440018.            

 

2.  This by-law shall take effect on and from 29 June 1994.            

 

3.  Item 39A in Part III of Schedule 4 to the Customs Tariff Act 1987  

    applies to paper, for use in the production of newspapers,         

    periodicals, posters and other printed matter of a kind that, if   

    imported, would be classified within Chapter 49 in Schedule 3 to   

    the Customs Tariff Act 1987, under security as follows:

    (a) paper that contains more than 55% mechanical pulp and has a    

        grammage less than 34g/sq m; or

    (b) paper that contains more than 55% mechanical pulp, has a       

        grammage lesss than 48 g/sq m but more than 40 g/sq m and has  

        a water absorbency when tested by the one min Cobb method of  

        not less than 45g/sq m; or

    (c) paper that contains more than 25% mechanical pulp, contains no  

        bleached chemical pulp and has a grammage of not exceeding     

        205 g/sq m; or

    (d) paper that contains not less than 70% mechanical pulp, has a   

        grammage not exceeding 205 g/sq m and has a water absorbency   

        when tested by the one min Cobb method of not less than        

        45g/sq m.

 

    Paragraphs (a) to (d) above do not apply to paper that has more    

    than 55% mechanical pulp and has a grammage in the range of        

    34 g/sq m to g/sq m."

 

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.  

 

 

                              SCHEDULE 2

 

 

  1.  Customs By-law Nos. 8255496 and 8735183 published in Gazette No.    

   TC 1 of 13 January 1988 are revoked on and from 29 June 1994.          

 

 

 

Dated this Twenty fourth day of June 1994

 

 

 

 

 

 

 

                                                     PETER LUDWIG CARL KITTLER

                                                  Delegate of the Comptroller-

                                                            General of Customs

 

 

Overview

The Customs Act 1901, as supplemented by the Customs Tariff Act 1987, aims to regulate the importation and exportation of goods in Australia by specifying customs duties and tariffs. These by-laws, specifically Customs By-law No. 9440017 and Customs By-law No. 9440018, were introduced to address specific issues concerning the classification and security of certain types of paper used in the production of printed materials. Enacted by Peter Ludwig Carl Kittler, a delegate of the Comptroller-General of Customs, these by-laws establish detailed criteria for the classification of coated and uncoated paper based on their mechanical pulp content and grammage. This legislative measure ensures the proper application of customs duties and security measures on these goods, thereby maintaining regulatory compliance and protecting domestic industries.

Scope and Application

The Customs By-law No. 9440017 and Customs By-law No. 9440018, established under the Customs Act 1901 and the Customs Tariff Act 1987, apply specifically to coated paper and paper used in the production of printed matter, such as newspapers, periodicals, and posters, respectively. These by-laws regulate the importation of certain types of paper under security provisions, particularly focusing on paper with specific characteristics like grammage and mechanical pulp content. These by-laws apply to any entities or individuals involved in the importation of such paper into Australia. They are applicable on a national level, extending across all states and territories. The by-laws establish specific exclusions, such as paper with a grammage within certain ranges, thereby refining the scope of regulated imports. The application of these by-laws can be further detailed or modified through subordinate instruments, allowing for adjustments in classifications and security requirements as needed.

Key Provisions

The Customs By-law No. 9440017 (Item 39A) and Customs By-law No. 9440018 (Item 39A) are designed to specify certain types of paper that are subject to security requirements under the Customs Tariff Act 1987. These by-laws apply to coated paper with a grammage not exceeding 67 g/sq m and paper with specific mechanical pulp content, grammage, and water absorbency levels. By-law No. 9440017 (section 3) applies to coated paper containing more than 55% mechanical pulp for use in producing printed matter such as newspapers and periodicals. By-law No. 9440018 (section 3) covers a broader range of paper types, including those containing more than 55% mechanical pulp with specified grammage and water absorbency levels, and paper containing more than 25% mechanical pulp without bleached chemical pulp. These by-laws impose obligations on importers and customs brokers to ensure that the paper they import meets the specified criteria for security requirements. Importers must accurately classify the paper according to the descriptions provided in the by-laws and ensure that the paper complies with the specified conditions, such as grammage and mechanical pulp content. Customs brokers, on the other hand, must verify the classification and ensure that the appropriate duties and security measures are applied. The by-laws also specify that the definitions of terms used in the by-laws should be interpreted in the same way as they are used in the Customs Tariff Act 1987. Failure to comply with these by-laws can result in significant penalties. Importers and customs brokers who do not adhere to the specified security requirements may face civil and criminal penalties. The maximum penalties for breaches can include substantial fines and, in some cases, imprisonment. These consequences underscore the importance of compliance with the by-laws to avoid legal repercussions.

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