Customs Act 1901
Customs Tariff Act 1995
PART II OF SCHEDULE 4
BY-LAWS NoS. 9640080, 9640086, 9640089 TO 9640095
I, RICHARD JOHN JANECZKO, delegate of the Chief Executive Officer 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
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 hereto 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. 9640080
Item 33A
Part II of Schedule 4
1. This by-law may be cited as Customs By-law No. 9640080.
2. This by-law shall take effect on and from 1 July 1996.
3. Item 33A in Part II of Schedule 4 to the Customs Tariff Act 1995
applies to blank A.T.A. carnets, prepared in acccordance with
the Customs Convention on A.T.A. carnets.
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. 9640086
Item 33A
Part II of Schedule 4
1. This by-law may be cited as Customs By-law No. 9640086.
2. This by-law shall take effect on and from 1 July 1996.
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3. Item 33A in Part II of Schedule 4 to the Customs Tariff Act 1995
applies to paper catalogues or paper price lists relating
exclusively to goods and/or services of a country other than
Australia, designed for international distribution and not
directed specifically at Australian consumption.
4. For the purposes of this by-law, "catalogues" include individual
leaflets, each advertising a single article, which have been
permanently fastened together (including fastening by means of
hinged binders or staples) in such a manner as to give them the
appearance of a catalogue.
5. For the purposes of this by-law, "catalogues" and "price lists"
include publications containing a reference to the name of an
Australian agent of the overseas person in whose interest the
publication is issued but not a reference to both the names of
an Australian agent and an Australian retailer.
6. 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. 9640089
Item 33A
Part II of Schedule 4
1. This by-law may be cited as Customs By-law No. 9640089.
2. This by-law shall take effect on and from 1 July 1996.
3. Item 33A in Part II of Schedule 4 to the Customs Tariff Act 1995
applies to documents that are for free distribution and that do
not contain more than 25% private commercial advertising, as
follows:
(a) lists or year books of foreign hotels, published or
sponsored by official tourist agencies; or
(b) timetables of transport services operating abroad.
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. 9640090
Item 33A
Part II of Schedule 4
1. This by-law may be cited as Customs By-law No. 9640090.
2. This by-law shall take effect on and from 1 July 1996.
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3. Item 33A in Part II of Schedule 4 to the Customs Tariff Act 1995
applies to overseas travel literature and printed matter designed
for general publicity purposes, the chief purpose of which is to
encourage the public to visit a foreign country, and in which any
reference to Australia or Australian persons is incidental, as
follows:
(a) issued by overseas travel principals or their agents; or
(b) for free distribution and containing not more than 25%
private commercial advertising.
4. This by-law only applies to goods specified in paragraph 3
designed for international distribution and not directed
specifically for Australian consumption.
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.
BY-LAW NO. 9640091
Item 33A
Part II of Schedule 4
1. This by-law may be cited as Customs By-law No. 9640091.
2. This by-law shall take effect on and from 1 July 1996.
3. Item 33A in Part II of Schedule 4 to the Customs Tariff Act 1995
applies to printed paper advertising matter relating exclusively
to goods and/or services of a country other than Australia,
designed for international distribution and not directed
specifically at Australian consumption.
4. Subject to paragraph 5, this by-law only applies to goods
specified in paragraph 3 imported in a consignment which complies
with one of the following requirements, whether or not it is part
of a series of consignments despatched simultaneously to
different addresses:
(a) consists of not more than one document;
(b) if consisting of more than one document, does not include
more than one copy of any one document; or
(c) does not exceed 1 kg gross weight, irrespective of the
number of documents or copies.
5. This by-law does not apply to goods imported in multiple
consignments sent to any one consignee.
6. 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.
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BY-LAW NO. 9640092
Item 33A
Part II of Schedule 4
1. This by-law may be cited as Customs By-law No. 9640092.
2. This by-law shall take effect on and from 1 July 1996.
3. Item 33A in Part II of Schedule 4 to the Customs Tariff Act 1995
applies to technical materials sent to accredited representatives
or correspondents appointed by national official tourist
agencies, not intended for distribution, as follows:
(a) catalogues of fairs;
(b) documentation about museums, universities, spas or similar
institutions;
(c) lists of hotels;
(d) telephone directories;
(e) year books.
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. 9640093
Item 33A
Part II of Schedule 4
1. This by-law may be cited as Customs By-law No. 9640093.
2. This by-law shall take effect on and from 1 July 1996.
3. Item 33A in Part II of Schedule 4 to the Customs Tariff Act 1995
applies to goods (other than alcoholic beverages, tobacco,
tobacco products or fuels) imported for an event approved by the
Regional Director in terms of Article 1 of either the Customs Convention
Concerning the Facilities for the Importation of Goods for Display
or Use at Exhibitions, Fairs, Meetings or Similar Events, or
Annex B.1 of the Convention on Temporary Admission (known as the
the Istanbul Convention), of a kind and in such quantities as
approved by the Regional Director in accordance with Article 7 or
subparagraph 1(d) of Article 6 to the Customs Convention or
subparagraph 1(d) or 1(e) of Article 5 to Annex B.1 of the
Istanbul Convention.
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.
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BY-LAW NO. 9640094
Item 33B
Part II of Schedule 4
1. This by-law may be cited as Customs By-law No. 9640094.
2. This by-law shall take effect on and from 1 July 1996.
3. Item 33B in Part II of Schedule 4 to the Customs Tariff Act 1995
applies to samples representing goods solely of overseas origin,
incorporating or consisting of printed matter, put up as or in
sample books designed for soliciting orders for the importation
of the goods represented therein, including textile swatches,
lino till samples or wallpaper samples.
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. 9640095
Item 33B
Part II of Schedule 4
1. This by-law may be cited as Customs By-law No. 9640095.
2. This by-law shall take effect on and from 1 July 1996.
3. Item 33B in Part II of Schedule 4 to the Customs Tariff Act 1995
applies to samples of negligible value, as follows:
(a) raw materials or products, such as yarn, fabrics, paper,
wood, base metals, marble or other monumental or building
stone, in lengths, sheets (whether or not bound in albums),
slabs, pieces or the like, of such dimensions that they are
useless except for purposes of demonstration; or
(b) nails, tacks, staples, hook-nails, cramps, studs, spikes,
screw hooks or screw rings, rivets, drawing pins, bolts and
nuts (including bolt-ends and screw studs), coach screws,
screws, cotter-pins, cotters, taper pins or the like,
buttons, studs, cuff-links or press-fasteners, buckles, hooks
or other small articles of general use as accessories or
ornaments for clothing, provided that such articles are
affixed to cards or are put up as samples in the manner
usual in the trade and that there is not more than one of
each size; or
(c) raw materials or products, such as wood, natural or
agglomerated cork, paper or paperboard, fabrics, felt,
leather, skin, rubber or plastic materials, or articles in
these materials or products, rendered useless, except for
purposes of demonstration, by slashing, perforation,
indelible marking, or by any other effective method; or
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(d) non-consumable goods (including those which are demonstrated
merely by being displayed, such as cigarette lighters,
propelling pencils or cups and saucers):
(i) without mutilation - in cases generally where one sample
(including a sample of a set, such as, one water jug and
two tumblers, when invoiced or packed as a set) of any
one line is imported of a value not exceeding $2 each
(or each set). This shall not be interpreted as
excluding one sample each of different lines of goods or
as excluding one sample each of the same lines which are
in different sizes providing each sample does not exceed
$2 in value;
(ii) with mutilation - prior to delivery from Customs
control, and with the consent of the importer, in cases
other than those covered by the preceding subparagraph;
or
(e) consumable goods such as foodstuffs, beverages, perfumes or
chemical products, which are destroyed on eating or drinking,
testing or analysis or the like:
(i) of a value not exceeding $2 for each sample, providing
each sample is different; or
(ii) of a value for any one consignment of the same product
not exceeding $2.
4. For the purposes of this by-law, acceptable forms of mutilation
include:
(a) for china or glass - the chipping of a sliver in a prominent
place on each article; or
(b) for footwear - complete perforation of the sole to the extent
that the footwear is no longer suitable for wear, but still
suitable for demonstration purposes; or
(c) for paper products - the indelible marking of the word
"Specimen" or other suitable words in a prominent place on
each article so as to render them unserviceable; or
(d) for clothing:
(i) the article to be mutilated by 0.5 cm perforation each
30 cm in a horizontal and vertical direction or, at the
importer's option, in a more severe manner by cutting;
or
(ii) the indelible marking of the word "Sample" or other
suitable words in a prominent place on each article so
as to make them unserviceable.
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.
Dated this 12th day of June 1996.
Richard John Janeczko