Customs By-law Nos. 9640111, 9640112, 9640113, 9640114 and 9640115

Administered by Attorney-General's Department

Legislation au F2009B00212 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. 9640111 TO 9640115

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-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 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. 9640111

 

                                                                        Item 36

                                                         Part III of Schedule 4

 

1. This by-law may be cited as Customs By-law No. 9640111.            

 

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

 

3. Item 36 in Part III of Schedule 4 to the Customs Tariff Act 1995   

   applies to ethyl hexanol for use in the manufacture of             

   diethylhexyl adipate for use in food wrap film, 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. 9640112

 

                                                                   Item 36

                                                    Part III of Schedule 4

                                                                      

1. This by-law may be cited as Customs By-law No. 9640112.            

 

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

 

3. Item 36 in Part III of Schedule 4 to the Customs Tariff Act 1995   

   applies to solvents with a basis of halogenated hydrocarbons,      

   classified under heading 3814.00.00 in Schedule 3 to the Customs   

   Tariff Act 1995, for use in the vapour phase or ultrasonic         

   cleaning of electronic components or printed circuit boards,       

   UNDER SECURITY.                                                    

                                2

 

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. 9640113

 

                                                                    Item 36

                                                     Part III of Schedule 4

                                                                      

1. This by-law may be cited as Customs By-law No. 9640113.            

 

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

 

3. Item 36 in Part III of Schedule 4 to the Customs Tariff Act 1995   

   applies to sodium carbonate monohydrate, classified under          

   subheading 2836.20.00 in Schedule 3 to the Customs Tariff Act      

   1995, for use in the manufacture of photographic developers of     

   the single powder form, 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. 9640114

 

                                                                    Item 36

                                                     Part III of Schedule 4

 

1. This by-law may be cited as Customs By-law No. 9640114.            

 

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

 

3. Item 36 in Part III of Schedule 4 to the Customs Tariff Act 1995   

   applies to chlorofluorinated derivatives of hydrocarbons           

   classified under subheading 2903.43.00, 2903.44.00, 2903.45.00     

   or 2903.49.10 in Schedule 3 to the Customs Tariff Act 1995,        

   other than chlorodifluoromethane, as follows:                      

   (a) for use in degreasing or cleaning of radio, television,        

       electronic or electrical apparatus, or parts thereof; or       

   (b) for use otherwise than in the degreasing or cleaning of        

       metal surfaces,                                                

   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. 9640115

 

                                                                   Item 36

                                                    Part III of Schedule 4

 

1. This by-law may be cited as Customs By-law No. 9640115.            

 

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

 

3. Item 36 in Part III of Schedule 4 to the Customs Tariff Act 1995   

   applies to butan-2-ol classified under subheading 2905.14.00 in    

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

   manufacture of polypropylene, 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, as amended by the Customs Tariff Act 1995, addresses the need for specific regulatory measures concerning the importation of certain goods under security provisions. Enacted by the Australian Parliament, this legislation aims to ensure that specific chemicals and materials entering the country are subject to heightened scrutiny and security measures. This is achieved through the creation of by-laws that detail particular goods and their intended uses, thereby ensuring compliance with security protocols. These by-laws, such as Customs By-law No. 9640111 to 9640115, specify the application of Item 36 in Part III of Schedule 4 to the Customs Tariff Act 1995 for various chemical substances and their uses, ensuring that they are imported under security conditions to mitigate potential risks associated with their importation.

Scope and Application

The Customs By-laws No. 9640111 to 9640115, made under the Customs Act 1901, apply to specific industrial chemicals used in various manufacturing processes, ensuring they are imported under security. Each by-law pertains to particular chemicals listed in Schedule 4 of the Customs Tariff Act 1995, specifying their use and classification under Schedule 3 of the same Act. These by-laws took effect on 1 July 1996 and are designed to regulate the import of chemicals like ethyl hexanol for food wrap film, solvents for cleaning electronic components, sodium carbonate monohydrate for photographic developers, chlorofluorinated derivatives for degreasing electronic apparatus, and butan-2-ol for polypropylene manufacture, all of which must be imported under security conditions. The by-laws refer to the Customs Tariff Act 1995 as amended or proposed to be altered, providing a framework for the tariff classification and subsequent regulatory measures on these imports.

Key Provisions

The by-laws under Schedule 4 of the Customs Tariff Act 1995, specifically Customs By-laws No. 9640111 to 9640115, pertain to the tariff classifications of certain goods under security. Each by-law applies a specific item in Part III of Schedule 4 to the Customs Tariff Act 1995 to particular goods, indicating that these goods will be subject to the tariff classifications as if they were specified in the tariff classification in Schedule 3 to the Customs Tariff Act 1995. Customs By-law No. 9640111 pertains to ethyl hexanol for use in the manufacture of diethylhexyl adipate for food wrap film, while Customs By-law No. 9640112 refers to solvents with a basis of halogenated hydrocarbons for use in cleaning electronic components or printed circuit boards. Customs By-law No. 9640113 applies to sodium carbonate monohydrate for the manufacture of photographic developers. Customs By-law No. 9640114 covers chlorofluorinated derivatives of hydrocarbons for use in degreasing or cleaning of electronic apparatus or metal surfaces. Lastly, Customs By-law No. 9640115 applies to butan-2-ol for use in the manufacture of polypropylene. The obligations imposed by these by-laws primarily involve ensuring that the specified goods are classified and subject to the tariff rates and regulations as outlined in the Customs Tariff Act 1995. Importers, exporters, and other parties involved in the trade of these goods must ensure that they comply with the security requirements and the appropriate tariff classifications. This includes providing accurate and complete documentation that identifies the goods and their intended use, and adhering to any additional regulatory requirements that may apply. Failure to comply with the provisions of these by-laws may result in various penalties and legal consequences. While the specific penalties are not detailed in the text, breaches of customs regulations typically incur financial penalties, potential seizure of goods, and, in severe cases, criminal charges. The maximum penalties can vary depending on the severity and intent of the breach, and may include fines and imprisonment for criminal offences. Additionally, civil penalties may apply, which could involve financial compensation or other corrective measures as deemed necessary by the relevant authorities.

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