Customs By-law Nos. 9640106, 9640107, 9640108, 9640109 and 9640110

Administered by Attorney-General's Department

Legislation au F2009B00211 ByLaws Not in force Legislative Instrument

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Customs Act 1901

Customs Tariff Act 1995

PART II OF SCHEDULE 4

BY-LAWS NoS. 9640106 TO 9640110

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. 9640106

 

 

                                                                       Item 21

                                                         Part II of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9640106.            

 

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

 

3. Item 21 in Part II of Schedule 4 to the Customs Tariff Act 1995    

   applies to unassembled aircraft, imported for assembly and         

   exportation forthwith, 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.                                                           

 


                                 2

 

 

                         BY-LAW NO. 9640107

 

                                                                   Item 21

                                                     Part II of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9640107.            

 

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

 

3. Item 21 in Part II of Schedule 4 to the Customs Tariff Act 1995    

   applies to goods classified under heading 3702, 3703 or 3705 and   

   recorded magnetic tape or film classified under heading 8524 in    

   Schedule 3 to the Customs Tariff Act 1995, being goods that:       

   (a) have been imported for industrial processing in connection     

       with the production of films of scenes or other matter         

       photographed or recorded outside Australia; and                

   (b) are, together with all other goods produced therefrom, to      

       be exported, unless the Minister otherwise approves, on        

       completion of the industrial processing or within such         

       further time as the Regional Director may in writing allow,    

   UNDER SECURITY.                                                    

 

4. For the purposes of this by-law, exposing, developing, matching,   

   duplicating, superimposing, transferring of magnetic sound to      

   optical sound, synchronising of sound to picture and copying are   

   regarded as industrial processes.                                  

 

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. 9640108

 

                                                                  Item 21

                                                    Part II of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9640108.            

 

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

 

3. Item 21 in Part II of Schedule 4 to the Customs Tariff Act 1995    

   applies to ink for use in stamping eggs, being eggs that are to    

   be exported forthwith, 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. 9640109

 

                                                                   Item 21

                                                     Part II of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9640109.            

 

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

 

3. Item 21 in Part II of Schedule 4 to the Customs Tariff Act 1995    

   applies to ophthalmic prescription lenses, imported for high       

   vacuum metallic film coating and to be exported forthwith,         

   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. 9640110

 

                                                                  Item 21

                                                    Part II of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9640110.            

 

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

 

3. Item 21 in Part II of Schedule 4 to the Customs Tariff Act 1995    

   applies to parts for the repair or maintenance of electrical       

   control equipment, marine audio equipment, marine electronic       

   navigation equipment or marine radio equipment installed in ships  

   that are engaged in trade to overseas destinations and are ships   

   which have not been and are not required to be entered for home    

   consumption, 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 12th day of June 1996.

 

 

 

 

 

 

 

 

 

 

Richard John Janeczko

Delegate of the Chief Executive Officer

 

Overview

The Customs Act 1901, enacted by the Australian Parliament, serves as the foundational piece of legislation governing customs and border control in Australia. The Customs Tariff Act 1995, which was introduced to address the need for a comprehensive and updated framework for the classification and assessment of imported goods, further refines and supplements the Customs Act. This Act was designed to ensure the effective administration of customs duties and other charges, and to facilitate the smooth flow of international trade. The policy objective of these Acts is to provide clear and consistent guidelines for the classification, valuation, and duty assessment of imported goods, thereby ensuring revenue collection and protecting domestic industries while promoting fair trade practices. The legislative instrument F2009B00211, which includes various by-laws under Schedule 4, was introduced to provide specific rules and conditions for the duty-free import and export of certain goods under security, aiming to support particular industrial processes and trade activities in Australia.

Scope and Application

The Customs By-laws No. 9640106 to 9640110 under the Customs Act 1901 and the Customs Tariff Act 1995 apply to specific goods imported into Australia for particular purposes and under security, with these by-laws taking effect from 1 July 1996. By-law No. 9640106 applies to unassembled aircraft intended for assembly and export, by-law No. 9640107 pertains to recorded magnetic tape or film used for industrial processing related to film production and subsequent export, by-law No. 9640108 covers ink for stamping eggs destined for export, by-law No. 9640109 involves ophthalmic prescription lenses imported for high vacuum metallic film coating and immediate export, and by-law No. 9640110 relates to parts for the repair or maintenance of specified marine equipment, which are imported for use on ships not intended for home consumption. The application of these by-laws is confined to Commonwealth jurisdiction, impacting the industries and entities involved in the importation and subsequent export of these specific goods. Any exclusions or exemptions are not explicitly stated in the provided text, and the scope of application is not extended or restricted by subordinate instruments within the given excerpt.

Key Provisions

The Customs By-law No. 9640106 through to No. 9640110, as detailed in the Schedule to the Customs Tariff Act 1995, establish specific conditions for the importation of certain goods under security provisions. Customs By-law No. 9640106 applies to unassembled aircraft imported for assembly and exportation forthwith, requiring these items to be imported under security (Schedule, By-law No. 9640106, Item 21). Similarly, By-law No. 9640107 pertains to goods classified under headings 3702, 3703, or 3705 and recorded magnetic tape or film classified under heading 8524, which are imported for industrial processing in connection with the production of films or other recorded matter photographed or recorded outside Australia, and must be exported within specified timeframes unless otherwise approved by the Minister (Schedule, By-law No. 9640107, Item 21). By-law No. 9640108 applies to ink for use in stamping eggs that are to be exported forthwith (Schedule, By-law No. 9640108, Item 21). By-law No. 9640109 applies to ophthalmic prescription lenses imported for high vacuum metallic film coating and to be exported forthwith (Schedule, By-law No. 9640109, Item 21). Finally, By-law No. 9640110 applies to parts for the repair or maintenance of electrical control equipment, marine audio equipment, marine electronic navigation equipment, or marine radio equipment installed in ships engaged in trade to overseas destinations that are not required to be entered for home consumption (Schedule, By-law No. 9640110, Item 21). These by-laws impose specific obligations on importers, manufacturers, and other entities dealing with these goods. Importers and manufacturers must ensure that the goods specified in these by-laws are imported and processed under security, meaning they must be stored under a bond or other security arrangement approved by the Customs authorities. This involves complying with security requirements such as storage in a Customs-approved location, adherence to specified processing timelines, and ensuring the goods are exported within the allowed timeframes or with proper approval from the Minister. These obligations ensure that the goods are not used for domestic consumption without the proper duties and taxes being paid, thereby preventing potential revenue loss and maintaining the integrity of the customs system. Breach of these by-laws can result in serious consequences. Importers and manufacturers who fail to comply with the security requirements may be subject to penalties, including fines and potential criminal charges. The exact penalties depend on the specific breach and the circumstances surrounding it, but they can be significant. For example, failure to export the goods within the allowed timeframe without proper approval could result in the goods being seized, fines imposed on the importer, and potential criminal charges for evading duties and taxes. These by-laws are enforced by the Australian Customs and Border Protection Service, which has the authority to investigate breaches, impose penalties, and take legal action against those found in violation of the Customs Act 1901 and related by-laws.

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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.