Customs By-law Nos. 9940020, 9940021 and 9940022

Administered by Attorney-General's Department

Legislation au F2009B00226 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. 9940020 TO 9940022

 

 

I, DEBORAH JOY BATES, 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 below.

 

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

 

"security" means that security shall not be given to and to the     

satisfaction of the Collector 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, 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 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 applies.

 

 

                              THE SCHEDULE

 

                           BY-LAW NO. 9940020

 

 

                                                                    Item 36

                                                     Part III of Schedule 4

 

1. This by-law may be cited as Customs By-law No. 9940020.            

 

2. This by-law shall take effect on and from 15 December 1999.        

 

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

   applies to alcohols containing not less than 12 carbon atoms,      

   classified under subheading 2905.19.10 in Schedule 3 to the        

   Customs Tariff Act 1995, for use otherwise than in the:            

   (a) manufacture of sulphated fatty alcohols for use in the         

       manufacture of detergent powders for clothes washing except    

       those powders recommended by the Australian Wool Research and  

       Promotions Organisation or the CSIRO for washing articles of   

       wool; or                                                       

   (b) treatment of ores by the flotation process,                    

   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. 9940021

 

 

                                                                    Item 36

                                                     Part III of Schedule 4

 

1. This by-law may be cited as Customs By-law No. 9940021.            

 

2. This by-law shall take effect on and from 15 December 1999.        

 

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

   applies to sensitised film, blue or orthochromatic, classified     

   under subheading 3702.32.00, 3702.39.00, 3702.44.00 or             

   3702.93.00 in Schedule 3 to the Customs Tariff Act 1995,           

   for use in:                                                        

   (a) oscillography (mercury, xenon);                                

   (b) modulated glow tube (argon) recording;                         

   (c) seismic recording (variable area or density);                  

   (d) cathode ray tube recording;                                    

   (e) well logging; or                                               

   (f) photoclinometers,                                              

   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. 9940022

 

                                                                    Item 36

                                                     Part III of Schedule 4

 

1. This by-law may be cited as Customs By-law No. 9940022.            

 

2. This by-law shall take effect on and from 15 December 1999.        

 

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

   applies to chlorofluorinated derivatives of hydrocarbons           

   classified under subheading 2903.49.10 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.                                                    


                                 3

 

 

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 ninth day of December 1999.

 

 

 

 

 

 

 

                                       DEBORAH JOY BATES

                                       Delegate of the Chief Executive Officer

Overview

The Customs By-laws No. 9940020 to 9940022, made under the authority of the Customs Act 1901, were introduced to address specific gaps in the regulation of certain imported goods, particularly those requiring security deposits to manage potential risks associated with their use. Enacted by Deborah Joy Bates, a delegate of the Chief Executive Officer, these by-laws came into effect on 15 December 1999. They apply particular items listed in Schedule 4 of the Customs Tariff Act 1995, focusing on alcohols, sensitised film, and chlorofluorinated derivatives of hydrocarbons that are imported for specific uses under stringent conditions. The objective of these by-laws is to ensure that these goods are subject to the necessary security measures, thereby preventing misuse or diversion from their intended purposes.

Scope and Application

This legislative instrument, Customs By-laws Nos. 9940020 to 9940022, is made under the authority of the Customs Act 1901 and applies to specific categories of goods as outlined in the Customs Tariff Act 1995. These by-laws establish that certain goods, including alcohols containing not less than 12 carbon atoms, sensitised film, and chlorofluorinated derivatives of hydrocarbons, are subject to customs duties and conditions under the authority of the Collector, and require security to be provided as a condition of their importation. The by-laws apply to entities and individuals importing these specified goods into Australia and are effective from 15 December 1999. The geographic reach of these by-laws is national, applying across all states and territories within Australia. There are no explicit exclusions or exemptions mentioned in the text, although the by-laws do specify conditions under which certain uses of these goods may be exempt from duty, such as the manufacture of sulphated fatty alcohols for specific types of detergent powders. The application of these by-laws may be extended or modified through subordinate instruments, which would need to be referenced for specific details on any additional regulations or changes.

Key Provisions

The three by-laws, Customs By-law No. 9940020, No. 9940021, and No. 9940022, each apply specific tariff items to certain goods under the Customs Tariff Act 1995, with a requirement for security to be given to the satisfaction of the Collector for the goods in question. By-law No. 9940020 pertains to alcohols containing not less than 12 carbon atoms, classified under subheading 2905.19.10 in Schedule 3, used outside of specific manufacturing processes or ore treatment (section 3). By-law No. 9940021 applies to sensitised film, classified under various subheadings in Schedule 3, used in particular scientific or industrial applications (section 3). By-law No. 9940022 applies to chlorofluorinated derivatives of hydrocarbons, classified under subheading 2903.49.10 in Schedule 3, used for cleaning electronic apparatus or otherwise than in metal surface degreasing (section 3). These by-laws impose a clear obligation on importers and exporters to provide security to the satisfaction of the Collector for the specified goods. This requirement ensures that the goods are subject to customs oversight and control, preventing unauthorised use or diversion of the items for purposes not permitted by the by-laws. The obligation extends to providing accurate and complete information regarding the intended use of the goods, ensuring compliance with the conditions stipulated in the by-laws. Failure to comply with the security requirements or any other provisions of the by-laws may result in legal consequences. While the specific penalties are not detailed within the text, breaches of the Customs Act 1901 or Customs Tariff Act 1995 can generally lead to fines, imprisonment, or both. The severity of the penalties can depend on the nature and extent of the breach, with maximum penalties potentially being substantial for serious or repeated violations.

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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.