Customs By-law Nos. 9640118 and 9640119

Administered by Attorney-General's Department

Legislation au F2009B00213 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. 9640118 AND 9640119

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.

In a by-law set out in the Schedule hereto –

“security” means that security shall be given to and to the satisfaction of the Regional Director and that the giving of such security is a condition subject to which that by-law item applies to the goods or the class or kind of goods so conditioned.

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 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 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. 9640118

 

                                                                       Item 21

                                                         Part II of Schedule 4

 

1. This by-law may be cited as Customs By-law No. 9640118.            

 

2. This by-law shall take effect on and from 17 October 1996.         

 

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

   applies to empty containers which are imported for filling or      

   loading and subsequent exportation, UNDER SECURITY, as follows:    

     (i) collapsible flour containers; or                             

    (ii) gas containers; or                                           

   (iii) radioactive isotope containers; or                           

    (iv) inners, specially designed for the transport of              

         fourdrinier wires; or                                        

     (v) inners, for yarn or cordage, such as bobbins, cones,         

         tubes or sectional beams; or                                 

    (vi) disposable (or one way) flexible intermediate container      

         bags of a minimum capacity of 225 L.                         

 

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. 9640119

 

                                                                   Item 21

                                                     Part II of Schedule 4

 

 

1. This by-law may be cited as Customs By-law No. 9640119.            

 

2. This by-law shall take effect on and from 17 October 1996.         

 

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

   1995 applies to re-imported goods, or parts of goods, of           

   Australian origin that are returned to Australia for repair        

   or reconditioning (but not for industrial processing) and          

   are to be re-exported.                                             

 

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 eighth day of October 1996.

 

 

 

 

 

 

 

Richard John Janeczko

                                          Delegate of the Chief Executive Officer

 

 

 

 

   NOTICE OF REVOCATION OF CUSTOMS BY-LAW

 

 

 

I, Richard John Janeczko, delegate of the Chief Executive Officer, pursuant to subsection 33(3) of the Acts Interpretation Act 1901, hereby revoke Customs By-law No. 9640054 written to item 21 in Schedule 4 to the Customs Tariff Act 1995 and published in the Commonwealth of Australia Gazette No. TC 96/23 of 12 June 1996.

This Notice shall take effect on and from 17 October 1996.

 

Dated this eighth day of October 1996.

 

 

      

Richard John Janeczko

Delegate of the Chief Executive Officer

 

Overview

The Customs Act 1901, as amended, and the Customs Tariff Act 1995, provide the legislative framework for regulating imports and exports within Australia. These Acts, together with the associated by-laws, aim to streamline customs procedures, enforce tariff classifications, and ensure compliance with international trade obligations. The Customs Tariff Act 1995, in particular, was enacted to modernise tariff classifications and to facilitate more efficient customs operations. The problem or gap that these Acts and by-laws address includes the need for clear, up-to-date tariff classifications, efficient customs processing, and the regulation of imported and exported goods to protect economic interests and public safety. The by-laws mentioned, such as Customs By-law No. 9640118 and Customs By-law No. 9640119, were introduced to provide specific regulations for the import and export of certain types of goods, including empty containers for filling, gas containers, and re-imported goods of Australian origin, under defined conditions and security requirements. These by-laws were enacted by the delegate of the Chief Executive Officer, as authorised under section 271 of the Customs Act 1901, to ensure that customs regulations are effectively administered and enforced.

Scope and Application

The Customs By-law No. 9640118 and Customs By-law No. 9640119, made under the Customs Act 1901 and the Customs Tariff Act 1995, govern the importation and subsequent exportation of specific types of goods, as well as the re-importation of Australian origin goods for repair or reconditioning. By-law No. 9640118 applies to the importation of empty containers, including collapsible flour containers, gas containers, radioactive isotope containers, specially designed transport inners, and disposable flexible intermediate container bags of a minimum capacity of 225 litres, under security conditions. By-law No. 9640119 applies to the re-importation of Australian origin goods that are returned to Australia for repair or reconditioning, excluding those intended for industrial processing, with the purpose of re-exportation. Both by-laws are applicable to goods that meet the specified descriptions and conditions as defined in the Customs Tariff Act 1995. The by-laws are in effect from 17 October 1996 and are applicable on a national level across Australia, governed by the Commonwealth authority. These by-laws are subject to the provisions of the Customs Tariff Act 1995 and can be amended or altered as per legislative changes.

Key Provisions

The Customs By-law No. 9640118 and No. 9640119, established under the Customs Tariff Act 1995, introduce specific tariff classifications and conditions for certain imported and re-imported goods. Customs By-law No. 9640118 (item 21) applies to empty containers imported for filling or loading and subsequent exportation. These containers include collapsible flour containers, gas containers, radioactive isotope containers, inners designed for the transport of fourdrinier wires, inners for yarn or cordage (such as bobbins, cones, tubes, or sectional beams), and disposable flexible intermediate container bags with a minimum capacity of 225 litres. The by-law stipulates that these containers must be imported under security, which means that security must be given to the satisfaction of the Regional Director. Conversely, Customs By-law No. 9640119 (item 21) applies to goods or parts of goods of Australian origin that are re-imported for repair or reconditioning and are intended for re-exportation, excluding those intended for industrial processing. The by-laws impose specific obligations on parties importing these goods. Importers must ensure that any empty containers listed in By-law No. 9640118 are imported under security, as defined in the Customs Tariff Act 1995. This security condition is critical to ensuring compliance with the by-law. For By-law No. 9640119, importers of re-imported goods must ensure these goods are returned to Australia for purposes strictly limited to repair or reconditioning, not for industrial processing, and must be ready for re-exportation. Failure to comply with these by-laws can result in significant penalties. The Customs Act 1901 and Customs Tariff Act 1995 outline various offences and penalties for breaches of these by-laws. These may include fines and, in severe cases, criminal charges. The maximum penalties are determined based on the nature and extent of the breach, with the potential for substantial fines and imprisonment for serious or repeated violations. The specifics of these penalties are detailed in the primary acts and are enforced to ensure adherence to the conditions set forth in the by-laws.

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