Customs By-law Nos. 9640076, 9640077, 9640078 and 9640079

Administered by Attorney-General's Department

Legislation au F2009B00206 ByLaws Not in force Legislative Instrument

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Customs Act 1901

Customs Tariff Act 1995

PART III OF SCHEDULE 4

BY-LAWS NoS. 9640076 TO 9640079

I, Ian Christopher McDonald, delegate of the Chief Executive Officer for the purposes of section 271 of the Customs Act 1901, hereby make the by-law 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 to which that by-law applies by virtue of that description are such goods to which that description would apply if it were specified in the tariff classification in Schedule 3 to the Customs Tariff Act 1995.

Unless the context otherwise requires, any word or phrase used in a reference in a by-law set out in the Schedule has the same meaning as if it were used in the tariff classification in Schedule 3 to the Customs Tariff Act 1995 that applies to those goods to which that reference in that by-law applies.

 

THE SCHEDULE

 

BY-LAW NO. 9640076

 

                                                                        Item 37

                                                         Part III of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9640076.            

 

2. This by-law shall take effect on and from 1 July 1996.            

 

3. Item 37 in Part III of Schedule 4 to the Customs Tariff Act 1995   

   applies to exposed film, classified under subheading 3705.10.00    

   in Schedule 3 to the Customs Tariff Act 1995, for use in the       

   printing of either:                                                

   (a) the international content of newspapers, magazines or          

       periodicals; or                                                

   (b) books which, if imported, would be free of duty,               

   UNDER SECURITY.                                                    

 

4. For the purposes of this by-law, "international content" does      

   not include content that originated from Australian copy.          

 

5. For the purposes of this by-law, the "Customs Tariff Act 1995"     

   means the Customs Tariff Act 1995, as amended or proposed to be    

   altered.                                                           

 


                                        2

 

 

                              BY-LAW NO. 9640077

 

                                                                      Item 37

                                                       Part III of Schedule 4

                                                                                                      

                                                                                   

1. This by-law may be cited as Customs By-law No. 9640077.            

 

2. This by-law shall take effect on and from 1 July 1996.            

 

3. Item 37 in Part III of Schedule 4 to the Customs Tariff Act 1995   

   applies to goods, classified under subheading 3705.10.00 in        

   Schedule 3 to the Customs Tariff Act 1995, which, in the opinion   

   of the Regional Director, are for educational or scientific purposes, for  

   use otherwise than for commercial or advertising purposes,         

   UNDER SECURITY.                                                    

 

4. For the purposes of this by-law, the "Customs Tariff Act 1995"     

   means the Customs Tariff Act 1995, as amended or proposed to be    

   altered.                                                           

 

BY-LAW NO. 9640078

                                                                      Item 37

                                                       Part III of Schedule 4

                                                                            

1. This by-law may be cited as Customs By-law No. 9640078.            

 

2. This by-law shall take effect on and from 1 July 1996.            

 

3. Item 37 in Part III of Schedule 4 to the Customs Tariff Act 1995   

   applies to goods, classified under subheading 3705.90.90 in        

   Schedule 3 to the Customs Tariff Act 1995, which, in the opinion   

   of the Regional Director, are for educational or scientific purposes, for   

   use otherwise than for commercial or advertising purposes, UNDER   

   SECURITY.                                                          

 

4. For the purposes of this by-law, the "Customs Tariff Act 1995"     

   means the Customs Tariff Act 1995, as amended or proposed to be    

   altered.                                                           

 


                                        3

 

 

BY-LAW NO. 9640079

                                                                      Item 38

                                                       Part III of Schedule 4

 

1. This by-law may be cited as Customs By-law No. 9640079.            

 

2. This by-law shall take effect on and from 1 July 1996.            

 

3. Item 38 in Part III of Schedule 4 to the Customs Tariff Act 1995   

   applies to goods classified under 3907.60.00, 3907.9 or 3908 in    

   Schedule 3 to the Customs Tariff Act 1995, being polyamides and    

   polyesters, uncompounded, for use in the manufacture of fibres or  

   yarns, UNDER SECURITY.                                             

 

4. For the purposes of this by-law, the "Customs Tariff Act 1995"     

   means the Customs Tariff Act 1995, as amended or proposed to be    

   altered.                                                           

 

 

 

 

Dated this 20th day of June 1996.



 

Ian Christopher McDonald

Delegate of the Chief Executive Officer

 

Overview

The Customs By-laws No. 9640076 to 9640079, made under the authority of the Customs Act 1901 and the Customs Tariff Act 1995, were enacted to provide specific tariff classifications and conditions for the importation of certain goods. These by-laws, which took effect on 1 July 1996, aim to clarify and regulate the importation of exposed film for printing international content in newspapers, magazines or periodicals, and books, as well as goods for educational or scientific purposes that are not intended for commercial or advertising use. Additionally, the by-laws address the importation of polyamides and polyesters for use in the manufacture of fibres or yarns. The by-laws were made by Ian Christopher McDonald, a delegate of the Chief Executive Officer, and are intended to ensure that the importation of these specific goods is conducted under the appropriate security measures and tariff classifications as outlined in the Customs Tariff Act 1995.

Scope and Application

The Customs By-laws Nos. 9640076 to 9640079, made under the Customs Act 1901 and Customs Tariff Act 1995, apply to specific goods classified under the Customs Tariff Act 1995, with the primary focus being on goods related to exposed film and polyamides and polyesters. These by-laws mandate that certain types of exposed film, used for printing international content in newspapers, magazines, or periodicals, or for printing books that would be duty-free if imported, must be imported under security. Similarly, goods classified under certain subheadings in the Customs Tariff Act 1995, which are intended for educational or scientific purposes and not for commercial or advertising use, must also be imported under security. These by-laws are effective from 1 July 1996 and extend to the whole of Australia, applying to all entities involved in the importation of the specified goods. The by-laws do not explicitly state any exclusions or exemptions, but they do provide that the terms used have the same meanings as those specified in the Customs Tariff Act 1995.

Key Provisions

The Customs By-law No. 9640076, effective from 1 July 1996, specifically applies to exposed film, classified under subheading 3705.10.00 in Schedule 3 to the Customs Tariff Act 1995, intended for use in printing the international content of newspapers, magazines, or periodicals, or books which, if imported, would be free of duty. It is essential to note that the term "international content" does not include content originating from Australian copy. This by-law, therefore, ensures that only the specified types of exposed film, which are not of Australian origin, are subject to the security requirements under the Customs Tariff Act 1995. Similarly, Customs By-law No. 9640077, also effective from 1 July 1996, applies to the same subheading of exposed film, but for educational or scientific purposes, provided they are not used for commercial or advertising purposes. This by-law, like the previous one, is under security and specifies the same definition for "Customs Tariff Act 1995". Customs By-law No. 9640078, which also became effective on 1 July 1996, applies to goods classified under subheading 3705.90.90 in Schedule 3 to the Customs Tariff Act 1995, for educational or scientific purposes, again not used for commercial or advertising purposes. This by-law, similar to the others, is subject to security requirements and also uses the same definition for "Customs Tariff Act 1995". Customs By-law No. 9640079, effective from the same date, applies to goods classified under headings 3907.60.00, 3907.9, or 3908 in Schedule 3 to the Customs Tariff Act 1995, which are polyamides and polyesters, uncompounded, for use in the manufacture of fibres or yarns. This by-law, too, is under security and employs the same definition for "Customs Tariff Act 1995". Parties governed by these by-laws must ensure that any imported goods falling under these classifications are used strictly for the specified purposes and comply with the security requirements. Failure to comply with these by-laws can result in legal consequences, including fines and penalties, although the exact penalties are not detailed in the by-laws themselves. However, given the context of customs legislation, it is reasonable to infer that penalties could include fines up to the maximum prescribed by the Customs Act 1901 and potentially imprisonment for more serious breaches.

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