Customs Tariff Amendment Act (No. 2) 1985

No. 176 of 1985

An Act to amend the Customs Tariff Act 1982

[Assented to 16 December 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Customs Tariff Amendment Act (No. 2) 1985.

(2) The Customs Tariff Act 19821 is in this Act referred to as the Principal Act.

Commencement

2. (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.

(2) Sections 3 and 4 shall come into operation, or shall be deemed to have come into operation, as the case requires, on the commencement of section 8 of the Customs and Excise Legislation Amendment Act (No. 2) 1985.

(3) Section 5 shall be deemed to have come into operation on 18 October 1984.

(4) Section 6 shall be deemed to have come into operation on 1 January 1985.

(5) Section 7 shall be deemed to have come into operation on 9 February 1985.

(6) Section 8 shall be deemed to have come into operation on 23 May 1985.

(7) Section 9 shall be deemed to have come into operation on 1 July 1985.

(8) Section 10 shall be deemed to have come into operation at the hour of 8 o’clock in the evening by standard time in the Australian Capital Territory on 20 August 1985.

(9) Section 11 shall come into operation on the seventh day after the day on which this Act receives the Royal Assent.

(10) Section 12 shall come into operation, or shall be deemed to have come into operation, as the case requires, on 1 January 1986.

(11) Section 13 shall come into operation, or shall be deemed to have come into operation, as the case requires, on the commencement of sections 4, 7 and 18 of the Customs and Excise Legislation Amendment Act (No. 2) 1985.

Application of rates of duty in relation to countries and places

3. Section 15 of the Principal Act is amended—

(a) by inserting in sub-section (3) “or (5a)” after “sub-section 151 (5)”; and

(b) by inserting in sub-section (4) “, (5a)” after “sub-section 151 (5)”.

Special rates of duty for Papua New Guinea

4. Section 21 of the Principal Act is amended by inserting in paragraph (3) (d) “or (5a)” after “sub-section 151 (5)”.

Repeal of section 30

5. Section 30 of the Principal Act is repealed.

Amendment of Schedule 4 having effect from 1 January 1985

6. The Principal Act is amended as set out in Schedule 1.

Amendment of Schedule 5 having effect from 9 February 1985

7. The Principal Act is amended as set out in Schedule 2.

Amendment of Schedule 3 having effect from 23 May 1985

8. The Principal Act is amended as set out in Schedule 3.

Amendments of Schedules having effect from 1 July 1985

9. The Principal Act is amended as set out in Schedule 4.

Amendments of Schedules having effect from 8 p.m. on 20 August 1985

10. The Principal Act is amended as set out in Schedule 5.

Amendments of Schedule 3 to have effect 7 days after Royal Assent

11. The Principal Act is amended as set out in Schedule 6.

Amendments of Schedules to have effect from 1 January 1986

12. The Principal Act is amended as set out in Schedule 7.

Further amendment of Schedule 4

13. The Principal Act is amended as set out in Schedule 8.

—————

SCHEDULE 1 Section 6

AMENDMENT HAVING EFFECT FROM 1 JANUARY 1985

Amendment of Part II of Schedule 4

After item 1335 insert:

“1336

62.03.1

Goods, the produce or manufacture of a Forum Island Country, as prescribed by by-law

FI: Free”.

—————

SCHEDULE 2 Section 7

AMENDMENT HAVING EFFECT FROM 9 FEBRUARY 1985

Amendment of Schedule 5

Omit item 212, substitute:

“212

84.25.1

Lawnmowers, incorporating an air-cooled internal combustion engine, but not including parts therefor

5%”.

SCHEDULE 3 Sections 8

AMENDMENT HAVING EFFECT FROM 23 MAY 1985

Amendment of Schedule 3

In 22.09.3 omit the following:

“, being—

(a) rum, pure, distilled wholly from sugar, sugar syrup, molasses or the refuse of sugar cane by a pot-still or similar process at a strength at which the rum does not contain more than 83% by volume of alcohol and certified in a manner approved by the Minister to be pure rum so distilled; or

(b) rum, distilled, wholly from sugar, sugar syrup, molasses or the refuse of sugar cane, blended (being a blend containing not less than 25% by volume of pure rum separately distilled from sugar, sugar syrup, molasses or the refuse of sugar cane by a pot-still or similar process at a strength at which the rum does not contain more than 83% by volume of alcohol) and certified in a manner approved by the Minister to be rum so distilled”.

——————

SCHEDULE 4 Section 9

AMENDMENTS HAVING EFFECT FROM 1 JULY 1985

Amendment of Schedule 1

Omit Schedule 1, substitute the following Schedule:

“SCHEDULE 1

CLASSES OF COUNTRIES AND PLACES IN RELATION TO WHICH SPECIAL RATES APPLY

PART I

FORUM ISLAND COUNTRIES

Countries that are Forum Island Countries

Column 1	Column 2	Column 1	Column 2
Country	Abbreviation	Country	Abbreviation
Cook Islands.......	COOK	Solomon Islands......	SOLO
Fiji..............		Tonga.............	TNGA
Kiribati...........	KIRI	Tuvalu............	TUVA
Nauru............	NAUR	Vanuatu...........	VANU
Niue.............		Western Samoa......	WSAM

SCHEDULE 4—continued

PART II

DECLARED PREFERENCE COUNTRIES DIVISION 1

Countries that are Declared Preference Countries

Column 1	Column 2	Column 1	Column 2
Country	Abbreviation	Country	Abbreviation
Antigua and Barbuda...	AGUA	Malta..............	MLTA
Bahamas...........	BAHA	Mauritius...........	MAUS
Barbados...........	BARB	Nigeria.............	NGRA
Belize.............	BELE	St Christopher and Nevis.	STCN
Brunei Darrusalam.....	BRUN	St Lucia............	STLU
Cyprus.............	CYPR	St Vincent and the Grenadines	STVI
Dominica...........	DMCA	St Vincent and the Grenadines	STVI
Fiji...............		Seychelles...........	SEYC
Gambia............	GAMB	Sierra Leone.........	SLEO
Ghana.............	GHAN	Singapore...........	SING
Grenada............	GNDA	Solomon Islands.......	SOLO
Guyana............	GUYA	Sri Lanka...........	SRIL
Jamaica............	JMCA	Tanzania............	TANZ
Kenya.............	KENY	Tonga.............	TNGA
Kiribati............	KIRI	Trinidad and Tobago....	TRIN
Malaysia...........	MLAY	Tuvalu.............	TUVA
Maldives...........	MLDV	Uganda.............	UGAN

DIVISION 2

Places treated as Declared Preference Countries

Column 1	Column 2	Column 1	Column 2
Place	Abbreviation	Place	Abbreviation
Anguilla..........	ANGA	Gibraltar............	GIBR
Bermuda..........	BMDA	Hong Kong..........	HONG
British Indian Ocean Territory	BIOT	Montserrat..........	MONT
British Indian Ocean Territory	BIOT	Pitcairn Island........	PITC
British Virgin Islands..	BVIR	St Helena...........	STHE
Cayman Islands.....	CAYM	Turks and Caicos Islands	TRCA
Falkland Islands and Dependencies
Falkland Islands and Dependencies	FALK

SCHEDULE 4—continued

PART III

DEVELOPING COUNTRIES

DIVISION 1

Countries that are Developing Countries

Column 1	Column 2	Column 1	Column 2
Country	Abbreviation	Country	Abbreviation
Afghanistan............	AFGH	Jordan.................	JORD
Albania................	ALBA	Kampuchea..............	KAMP
Algeria...............	ALGR	Korea, Democratic People’s Republic of
Angola................	ANGO	Korea, Democratic People’s Republic of	KRDR
Argentina..............	ARGE	Korea, Republic of.........	RKOR
Bahrain...............	BHRN	Kuwait.................	KUWA
Bangladesh.............	BADE	Lao People’s Democratic Republic
Benin................	BENR	Lao People’s Democratic Republic	LAOS
Bhutan................	BHUT	Lebanon................	LEBA
Bolivia................	BOLI	Lesotho................	LESO
Botswana..............	BOTS	Liberia.................	LIBE
Brazil................	BRAZ	Libyan Arab Jamahiriya......	LBYA
Bulgaria...............	BULG	Madagascar..............	MASY
Burkina Faso............	BURK	Malawi.................	MLWI
Burma................	BURM	Mali...................
Burundi...............	BRND	Mauritania..............	MRTN
Cameroon.............	FCAM	Mexico.................	MEXI
Cape Verde.............	CVER	Mongolia...............	MNGL
Central African Republic....	CEAR	Morocco................	MORO
Chad.................		Mozambique.............	MOZA
Chile.................	CHLE	Nepal..................	NEPA
China, People’s Republic of..	CHIN	Nicaragua...............	NICA
Colombia..............	COMB	Niger..................	NIGE
Comoros..............	CMRO	Northern Marianas.........	TTPI
Congo................	COBR	Oman..................
Costa Rica.............	COST	Pakistan................	PAKI
Cuba.................		Panama.................	PNMA
Djibouti...............	DJIB	Paraguay................	PRGY
Dominican Republic.......	DOMI	Peru...................
Ecuador...............	ECUA	Philippines..............	PHIL
Egypt................	EGYP	Portugal................	PORT
El Salvador.............	SALV	Qatar..................	QATA
Equatorial Guinea........	EGUI	Romania................	ROUM
Ethiopia...............	ETHI	Rwanda................	RWAN
Gabon................	GABO	Sao Tome and Principe......	SAOT
Guatemala.............	GMLA	Saudi Arabia.............	SAUD
Guinea................	GUIN	Senegal.................	SENE
Guinea-Bissau...........	BGUI	Somalia................	SOML
Haiti.................	HAIT	Sudan..................	SUDA
Honduras..............	HDRS	Suriname...............	SRNM
India.................	INIA	Swaziland...............	SWZI
Indonesia..............	INDO	Syrian Arab Republic.......	SYRI
Iran..................	PSIA	Thailand................	THAI
Iraq..................		Togo..................
Israel.................	ISRA	Tunisia.................	TUNI
Ivory Coast.............	IVOR	Turkey.................	TURK

SCHEDULE 4—continued

Column I	Column 2	Column 1	Column 2
Country	Abbreviation	Country	Abbreviation
United Arab Emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Qaiwain, Fujairah, Ras al Khaimah)		Yemen Arab Republic.....	ARYE
		Yemen, People’s Democratic Republic of
		Yemen, People’s Democratic Republic of	PYEM
		Yugoslavia.............	YUGO
	UAEM	Zaire	ZAIR
Uruguay...............	URUG	Zambia...............	ZMBA
Venezuela.............	VENZ	Zimbabwe.............	ZIMB
Vietnam...............	VIET

DIVISION 2

Places treated as Developing Countries

Column 1	Column 2	Column 1	Column 2
Place	Abbreviation	Place	Abbreviation
American Samoa.......	SAMO	Taiwan Province........	TAIW
French Polynesia.......	PLYN	Tokelau Islands........	TOKI
Guam...............		Trust Territory of the Pacific Islands
Johnston Island.........	JSIS	Trust Territory of the Pacific Islands	TTPI
Macao..............	MACA	Virgin Islands of the United States
Midway Islands........	MIDW	Virgin Islands of the United States	VIRG
Netherlands Antilles.....	ANTI	Wake Island...........	WAKE
New Caledonia.........	NCAL	Wallis and Futuna Islands..	WALL
St Pierre and Miquelon...	PIER	Western Sahara........	SARA”.

Amendments of Schedule 3

1. Omit 20.04.2, substitute:
“20.04.2	- Cherries:
20.04.21	- - Glace	To 21 April 1986 From 22 April 1986	20% 15%	FI: 10% FI: 10%
20.04.29	- - Other
		To 21 April 1986 From 22 April 1986	20% 15%	FI: Free FI: Free”.
2. Omit 20.06.91, substitute:
“20.06.91	- - Pineapple
		To 30 June 1986	12.5%	FI: 10% DPC: 10%
		From 1 July 1986	10%	..”.
3. Omit 73.12.9, substitute:
“73.12.9	- Other
		To 8 April 1986 From 9 April 1986	13% 10%	.. ..”.
4. Omit 73.13.9, substitute:
“73.13.9	- Other	To 8 April 1986 From 9 April 1986	13% 10%	FI: Free FI: Free”.

SCHEDULE 4—continued

5. Omit 73.15.12 and 73.15.19, substitute:
“73.15.12	- - Goods, NSA, of stainless steel, as follows:
	(a) hoop and strip; (b) sheets and plates
	To 8 April 1986 From 9 April 1986 To 8 April 1987 From 9 April 1987 To 8 April 1988 From 9 April 1988	21% 19% 17% 15%	CAN: 14% CAN: 12% CAN: 10% CAN: 8%
73.15.19	- - Other
	To 8 April 1986 From 9 April 1986 To 8 April 1987 From 9 April 1987 To 8 April 1988 From 9 April 1988	21% 19% 17% 15%	.. .. .. ..”.
6. Omit 73.18.1 and 73.18.2, substitute:
“73.18.1	- Welded, not being metal-cased metal tubes and pipes, of high alloy steel:
73.18.11	- - Having an internal diameter not exceeding 15 mm or an internal cross-sectional area not exceeding 1.77 cm2
	To 8 April 1986 From 9 April 1986 To 8 April 1987 From 9 April 1987 To 8 April 1988 From 9 April 1988	21% 19% 17% 15%	CAN: 13.5% CAN: 11.5% CAN: 9.5% CAN: 7.5%
73.18.19	- - Other
	To 8 April 1986 From 9 April 1986 To 8 April 1987 From 9 April 1987 To 8 April 1988 From 9 April 1988	21% 19% 17% 15%	.. .. .. ..
73.18.2	- Welded, not being metal-cased metal tubes and pipes, NSA, having an internal diameter exceeding 76 mm or having an internal cross-sectional area exceeding 45.38 cm2
	To 8 April 1986 From 9 April 1986	17% 15%	.. ..”.
7. Omit 73.20, substitute:
“73.20	* TUBE AND PIPE FITTINGS (INCLUDING JOINTS, ELBOWS, UNIONS AND FLANGES), OF IRON OR STEEL:
73.20.1	- Malleable cast iron fittings
	To 8 April 1986 From 9 April 1986	17% 15%	DC: 12% DC: 10%
73.20.9	- Other
	To 8 April 1986 From 9 April 1986	17% 15%	DC: 7% DC: 5%”.
8. Omit 73.21.1, substitute:
“73.21.1	- Welded tubes and pipes having an internal diameter exceeding 76 mm or having an internal cross-sectional area exceeding 45.38 cm2
	To 8 April 1986 From 9 April 1986	17% 15%	DC: 7% DC: 5%”.

SCHEDULE 4—continued

9. Omit 73.25.9, substitute:
“73.25.9	- Other	20%	DC (except RKOR): Free”.
10. Omit 73.27.2, substitute:
“73.27.2	- Woven wire, NSA	25%	DC: Free”.
11. Omit 73.31.2 and 73.31.9, substitute:
“73.31.2	- Drawing pins	20%	DC (except CHIN and TAIW): Free
73.31.9	- Other	20%	DC: Free”.
12. Omit 73.35, substitute:
“73.35	* SPRINGS AND LEAVES FOR SPRINGS, OF IRON OR STEEL	25%	DC: Free”.
13. Omit 74.15.1, substitute:
“74.15.1	- Nails, tacks, staples, hook-nails, spiked cramps, studs, spikes and drawing pins	20%	DC: Free”.

14. After note 10 to Chapter 84 insert:

“11. In 84.50.1, ‘computer control’ means a controlling unit that incorporates at least one electronic microcircuit that is part of the microcircuitry of the controlling unit, being microcircuitry that enables the unit—

(a) to store and process, or manipulate, data;

(b) when programmed, to automatically control the operation of the appliance independently of human control;

(c) to wholly or substantially control the operation and movement of the appliance by the use of a numeric-servo closed loop; and

(d) to be re-programmable in respect of the unit’s control of the appliance.”.

15. Omit 84.50, substitute:
“84.50	* GAS-OPERATED WELDING, BRAZING, CUTTING AND SURFACE TEMPERING APPLIANCES:
84.50.1	- Of a kind used for working metal, incorporating a computer control	2%	DC: Free
84.50.9	- Other	15%	DC: Free”.

16. After note 6 to Chapter 85 insert:

“7. In 85.11.1, ‘computer control’ means a controlling unit that incorporates at least one electronic microcircuit that is part of the microcircuitry of the controlling unit, being microcircuitry that enables the unit—

(a) to store and process, or manipulate, data;

(b) when programmed, to automatically control the operation of the machine or apparatus independently of human control;

(c) to wholly or substantially control the operation and movement of the machine or apparatus by the use of a numeric-servo closed loop; and

(d) to be re-programmable in respect of the unit’s control of the machine or apparatus.”.

17. Omit 85.11.1, substitute:
“85.11.1	- Electric or laser operated welding, brazing, soldering or cutting machines and apparatus of a kind used for working metal, incorporating a computer control	2%	DC: Free

SCHEDULE 4—continued

85.11.2

- Goods, NSA, as follows:

25%

DC: 10%”.

(a) induction and dielectric heating equipment, not being furnaces or ovens;

(b) welding, brazing, soldering or cutting machines and apparatus

Amendments of Part I of Schedule 4

1. Omit the note to Part I of Schedule 4, substitute:

“For the purposes of items 54 and 57 in this Part—

(a) goods shall be taken to serve similar functions to other goods if, and only if, they would serve similar functions to the other goods for the purposes of Part XVa of the Customs Act 1901;

(b) goods shall not be taken to have been produced in Australia unless, for the purposes of Part XVa of that Act, they would be taken to have been produced in Australia; and

(c) a person shall be taken to be capable of producing goods in the normal course of business if, and only if, the person would, for the purposes of Part XVa of that Act, be taken to be so capable.”.

2. Omit item 19.

3. Omit items 21 to 24, substitute:
“22	Pictorial illustrations for use for teaching purposes in universities, colleges, schools or public institutions	Free	..
24	Goods, as prescribed by by-law, being—	Free	..”.
	(a) vehicles of a kind to which 87.02.2 or 87.02.49 in Schedule 3 applies; (b) vehicle components, including vehicle components imported with and forming part of unassembled vehicles, that are for use as original components in the assembly or manufacture of— (i) vehicles of a kind to which, if imported, 87.01.31, 87.01.32, 87.02 or 87.03 in Schedule 3 would apply; or (ii) trailers for articulated vehicles, being trailers of a kind to which, if imported, 87.14.19 in Schedule 3 would apply; or (c) goods that are for use in the testing, quality control, manufacturing evaluation or engineering development of passenger motor vehicles or motor vehicle components manufactured under the plan known as the Passenger Motor Vehicle Manufacturing Plan
4. Omit item 41.
5. Omit item 52.

SCHEDULE 4—continued

6. Omit item 56, substitute:
“56	Goods in respect of which, but for this item, duty ascertained in accordance with Part II or Part III of this Act would be so ascertained by reference to a rate of duty not exceeding 2%, being goods for use in the construction or modification of bountiable vessels that are of a kind to which, if imported, 89.01.9, 89.02.9 or 89.03.9 in Schedule 3 would apply, being vessels—	Free	..
	(a) the construction or modification of which is undertaken at premises registered in accordance with section 10 of the Bounty (Ships) Act 1980; or
	(b) the whole of the construction or modification of which is arranged or is proposed to be arranged by a prescribed shipbuilder, being a person registered in accordance with section 10a of the Bounty (Ships) Act 1980
57	Goods, as prescribed by by-law, being goods—	Free	..
	(a) that are for use in connection with the exploration for petroleum; or (b) that are for use in connection with the development of petroleum wells to the stage where a well-head assembly is attached, not being goods for, or for use in connection with, controlling, treating, conveying or storing petroleum after leaving the well-head assembly,
	not being— (c) goods in respect of which goods that serve similar functions to the particular goods are produced in Australia; or (d) goods in respect of which goods that serve similar functions to the particular goods are capable of being produced in Australia by any person in the normal course of business
58	Goods, being goods for use as a prototype, as prescribed by by-law	2%	PNG: 2%
59	Goods, as prescribed by by-law, being goods— (a) to which an item, sub-item, paragraph or sub-paragraph in Schedule 3 that is specified in	2%	PNG: 2%

SCHEDULE 4—continued

	Column 1 of the Table in this item applies; and
	(b) that are included in the class of goods specified in Column 2 of that Table opposite that item, sub-item, paragraph or sub-paragraph, as the case may be
	THE TABLE
	Column 1	Column 2
	(Tariff Item, etc.)	(Goods)
	07.05.19	Navy or Pea beans
	08.05.1	Goods to which the tariff classification specified in Column 1 applies
	20.02.61	Tomato paste, pulp or puree
	20.02.69	Whole peeled tomatoes
	28.17.1	Goods to which the tariff classification specified in Column 1 applies
	29.13.1	Goods to which the tariff classification specified in Column 1 applies
60	Goods for use in, or in connection with, aircraft, as prescribed by by-law		2%	PNG: 2%
61	Goods, as prescribed by by-law, as follows:		2%	PNG: 2%
	(a) compounds being catalysts, dispersing agents, foam stabilisers or foam modifiers; or (b) photographic sensitized film, plates or papers
62	Goods to which 07.04, 07.05, 15.10, 20.02, 22.08, 28.17, 28.30, 28.38, 28.40, 28.42, 29.02, 29.04, 29.07, 29.08, 29.11, 29.14, 29.15, 29.22, 29.24, 29.34, 29.35, 32.05, 32.08, 32.09, 32.12, 32.13, 34.02, 35.03, 37.01, 37.02, 38.11, 38.18, 38.19, 39.01, 39.02, 39.03, 39.07, 73.13, 82.09, 82.14 or 82.15 in Schedule 3 applies, as prescribed by by-law		2%	PNG: 2%
63	Robots, as defined by by-law, and parts and accessories of a kind used solely or principally with such robots		2%	DC: Free”.

——————

SCHEDULE 4—continued

Amendments of Part II of Schedule 4

1. Omit items 1541 and 1542, substitute:
“1541	73.12.9	Goods, as follows:
		(a) decorated but not further worked; (b) bonded or clad with bearing metal, being goods, the produce or manufacture of a Developing Country, as prescribed by by-law
		To 8 April 1986	..	DC (except BRAZ, RKOR and TAIW): 3%
		From 9 April 1986	..	DC (except BRAZ, RKOR and TAIW): Free
1542	73.12.9	Goods, being goods not falling within item 1541, the produce or manufacture of a Developing Country, as prescribed by bylaw
		To 8 April 1986 From 9 April 1986	.. ..	DC: 3% DC: Free”.
2. Omit items 1571 and 1572, substitute:
“1571	73.13.9	Goods, decorated but not further worked, not being goods that have been tinned, being goods, the produce or manufacture of a Developing Country, as prescribed by by-law
		To 8 April 1986	..	DC (except BRAZ, RKOR and TAIW): 3%
		From 9 April 1986	..	DC (except BRAZ, RKOR and TAIW): Free
1572	73.13.9	Goods, being goods not falling within item 1571, the produce or manufacture of a Developing Country, as prescribed by bylaw
		To 8 April 1986	..	DC: 3%
		From 9 April 1986	..	DC: Free”.

SCHEDULE 4—continued

3. Omit items 1580 and 1585, substitute:
“1580	73.15.12	Goods, the produce or manufacture of a Developing Country, as prescribed by bylaw
		To 8 April 1986	..	DC: 11%
		From 9 April 1986 To 8 April 1987	..	DC: 9%
		From 9 April 1987 To 8 April 1988	..	DC: 7%
		From 9 April 1988	..	DC: 5%
1585	73.15.19	Goods, the produce or manufacture of a Developing Country, as prescribed by bylaw
		To 8 April 1986	..	DC: 11%
		From 9 April 1986 To 8 April 1987	..	DC: 9%
		From 9 April 1987 To 8 April 1988	..	DC: 7%
		From 9 April 1988	..	DC: 5%”.
4. Omit items 1601 to 1621, substitute:
“1601	73.18.11	Goods, the produce or manufacture of a Developing Country, as prescribed by bylaw
		To 8 April 1986	..	DC: 11%
		From 9 April 1986 To 8 April 1987	..	DC: 9%
		From 9 April 1987 To 8 April 1988	..	DC: 7%
		From 9 April 1988	..	DC: 5%
1611	73.18.19	Goods, the produce or manufacture of a Developing Country, as prescribed by bylaw
		To 8 April 1986	..	DC: 11%
		From 9 April 1986 To 8 April 1987	..	DC: 9%
		From 9 April 1987 To 8 April 1988	..	DC: 7%
		From 9 April 1988	..	DC: 5%
1621	73.18.2	Goods, the produce or manufacture of a Developing Country, as prescribed by bylaw
		To 8 April 1986 From 9 April 1986	.. ..	DC: 7% DC: 5%”.

SCHEDULE 4—continued

Amendments of Schedule 5

1. Omit item 1, substitute:
“1	07.02.1	Goods to which the tariff classification specified in column 2 of this item applies, entered for home consumption on or before 31 March 1986	5%”.
2. Omit items 3 to 5, substitute:
“3	11.05	Goods to which the tariff classification specified in column 2 of this item applies, entered for home consumption on or before 31 March 1986	10%
4	20.02.21	Goods to which the tariff classification specified in column 2 of this item applies, entered for home consumption on or before 31 March 1986	5%
5	20.02.29	Goods to which the tariff classification specified in column 2 of this item applies, entered for home consumption on or before 31 March 1986	2%”.
3. Omit items 207 and 208, substitute:
“207	84.12.1	Goods to which the tariff classification specified in column 2 of this item applies, entered for home consumption on or before 30 June 1987
		To 30 June 1986	10%
		From 1 July 1986	5%
208	84.15.2	Electrical refrigerators (including electrical refrigerators incorporating or combined with freezers) and electrical freezers, and parts therefor, entered for home consumption on or before 30 June 1987
		To 30 June 1986	10%
		From 1 July 1986	5%”.
4. Omit item 213, substitute:
“213	84.40.1	Goods to which the tariff classification specified in column 2 of this item applies, as follows:
		(a) rotary tumble type clothes dryers; (b) washing machines, including washing machines incorporating

SCHEDULE 4—continued

		or combined with clothes drying machines, and parts therefor,
		entered for home consumption on or before 30 June 1987
		To 30 June 1986	10%
		From 1 July 1986	5%”.
5. Omit items 250 to 252, substitute:
“250	94.01.3	Goods to which the tariff classification specified in column 2 of this item applies, entered for home consumption on or before 30 June 1987
		To 30 June 1986	8%
		From 1 July 1986	4%
251	94.01.9	Goods to which the tariff classification specified in column 2 of this item applies, entered for home consumption on or before 30 June 1987
		To 30 June 1986	8%
		From 1 July 1986	4%
252	94.03.9	Goods to which the tariff classification specified in column 2 of this item applies, entered for home consumption on or before 30 June 1987
		To 30 June 1986	8%
		From 1 July 1986	4%”.

—————

SCHEDULE 5 Section 10

AMENDMENTS HAVING EFFECT FROM 8 P.M. ON 20 AUGUST 1985

Amendment of Schedule 3

Omit 24.02.9, substitute:
“24.02.9	- Other:
24.02.91	- - Manufactured cut tobacco, as prescribed by by-law	5%, and $32.60/kg	PNG: $32.60/kg DC: $32.60/ kg
24.02.99	- - Other	15%, and $32.60/kg	PNG: $32.60/kg DC: $32.60/ kg”

Amendment of Schedule 5

Omit items 32 and 33, substitute:
“32	24.02.91	Goods to which the tariff classification specified in column 2 of this item applies	$32.60/kg

SCHEDULE 5—continued

24.02.99

Goods to which the tariff classification specified in column 2 of this item applies

$32.60/kg; or, if higher, 5%, and $32.38/kg”.

—————

SCHEDULE 6 Section 11

AMENDMENTS HAVING EFFECT 7 DAYS AFTER ROYAL ASSENT

Amendments of Schedule 3

1. Omit paragraph (b) of note 1 to Chapter 11, substitute:

“(b) flours and meal prepared for use as infant food or for dietetic or culinary purposes falling within 19.02;”.

2. Omit note 5 to Division 6, substitute:

“5. In this Division, ‘ethylene oxide derivative’ means a substance that contains in its chemical structure an oxyethylene group, that is to say, a group having the configuration as follows ‘X-CH2-CH2-O-’ (where X is an atom other than carbon), that results from or may be produced by the introduction of ethylene oxide into the synthesis or production of that substance.”.

3. Omit 37.08.1, substitute:
“37.08.1	- Goods put up for retail sale	15%	DC: Free”.

4. Omit note 3 to Division 7, substitute:

“3. In this Division, ‘ethylene oxide derivative’ means a substance that contains in its chemical structure an oxyethylene group, that is to say, a group having the configuration as follows ‘X-CH2-CH2-O—’ (where X is an atom other than carbon), that results from or may be produced by the introduction of ethylene oxide into the synthesis or production of that substance.”.

5. Omit 39.02.5, substitute:
“39.02.5	- Planar forms, NSA, consisting of textile fabric coated, covered or laminated on both sides with artificial plastic material, other than—
	(a) rigid products; or (b) products on which the coating or covering on both sides can be seen, with the naked eye, otherwise than as merely a change of colour:
39.02.51	- - Goods, in which the textile fabric, or, if there are 2 or more textile fabrics in the goods, that one that gives the goods their essential character, is a fabric of a kind falling within 50.09.9, 51.04.9, 55.09.5 or 56.07.9	40%, and $1/m2	DC: 30%, and $1/m2
39.02.59	- - Other	30%	.”.

SCHEDULE 6—continued

6. Omit 48.01.99, substitute:
“48.01.99	- - Other	30%, or, if lower, $50/t	FI: Free DC: $40/t CAN: 30%, less $10/t; or, if lower, $40/t”.
7. Omit 48.07.5, substitute:
“48.07.5	- Wrapping paper, NSA: (a) not coated with artificial plastic materials, clay, gum or wax; or (b) not printed or embossed with words, letters or figures	$50/t	FI: Free”.
8. In note 12 (1) to Division 11 omit “the fabric that—”, substitute “the fabric—”.
9. After 51.01.2 insert:
“51.01.3	- Yarns, NSA, of fibrillated polypropylene	30%	.”.
10. After 58.04.2 insert:
“58.04.3	- Chenille fabrics, containing 20% or less by weight of chenille yarn, which, but for the chenille yarn, would be fabrics of a kind falling within 50.09.9, 51.04.9, 55.09.5 or 56.07.9	40%	DC: 30%”.
11. Omit 59.08.1, substitute:
“59.08.1	- Goods, other than goods impregnated, coated, covered or laminated with more than 34 g/m2 of polymers or copolymers of the vinyl chloride type, being goods in which the textile fabric is, or, if there are 2 or more textile fabrics in the goods, the textile fabric that gives the goods their essential character is, a fabric of a kind falling within 50.09.9, 51.04.9, 55.09.5 or 56.07.9	40%, and $l/m2	PNG: 30%, and $1/m2 DC: 30%, and $1/m2”.
12. Omit paragraph (c) of note 1 to Chapter 68, substitute:
“(c) coated or impregnated textile fabric falling within Chapter 59;”.
13. Omit 84.45.1 and 84.45.2, substitute:
“84.45.1	- Machine-tools powered by hand or foot	25%	DC: 10%”.
14. Omit 84.48.1 and 84.48.9, substitute:
“84.48.1	- For use in the assembly or manufacture of goods of a kind falling within 84.45.9	2%	DC: Free
84.48.9	- Other	25%	DC: 10%”.
15. Omit 87.01.21, substitute:
“87.01.21	- - Having a nominal engine power rating of less than 15kW	25%	DC: Free”.

—————

SCHEDULE 7 Section 12

AMENDMENTS HAVING EFFECT FROM 1 JANUARY 1986

Amendments of Schedule 3

1. Omit 64.01.3 and 64.01.9. substitute:

“64.01.3	- Goloshes	40%	FI: Free DC (except HONG and TAIW): 30%
64.01.9	- Other:
64.01.91	- - Having a value of less than $1.35/ pair, not being footwear— (a) having a closed vamp (whether or not incorporating a peep toe); and (b) that is held to the foot at the heel or ankle	40%	PNG: 10% FI: 10% DC (except HONG and TAIW): 30%
64.01.92	- - Footwear, NSA, having a value of less than $11/pair	40%, and $8/ pair	PNG: 30%, and $8/pair DC (except CHIN, RKOR and TAIW): 30%, and $8/ pair
64.01.93	- - Footwear, NSA, having a value of not less than $11/pair	40%, and $15/ pair	PNG: 30%, and $15/pair DC (except BRAZ and CHIN): 30%, and $15/pair”.
2. Omit 64.02 to 64.04, substitute:
“64.02	* FOOTWEAR WITH OUTER SOLES OF LEATHER OR COMPOSITION LEATHER; FOOTWEAR (OTHER THAN FOOTWEAR FALLING WITHIN 64.01) WITH OUTER SOLES OF RUBBER OR ARTIFICIAL PLASTIC MATERIAL:
64.02.1	- Goods, as follows: (a) footwear of a kind used solely or principally in conjunction with diving dress or wetsuits; (b) ski boots	2%	DC: Free
64.02.9	- Other:
64.02.91	- - Footwear, as follows:	40%	DC: Free
	(a) having a value of less than $1.35/pair; (b) having outer soles and uppers of leather; and (c) made by one or more of the following processes and by no other process: (i) by hand;

SCHEDULE 7—continued

	(ii) by tools held in the hand; (iii) by machines powered by foot or hand
64.02.92	- - Footwear, NSA, having a value of less than $1.35/pair, not being footwear— (a) having a closed vamp (whether or not incorporating a peep toe); and (b) that is held to the foot at the heel or ankle	40%	PNG: 10% FI: 10% DC (except CHIN and TAIW): 30%
64.02.93	— Footwear, NSA, having non-leather uppers and a value of less than $11/ pair	40%, and $8/pair	PNG: 30%, and $8/pair DC (except CHIN, RKOR and TAIW): 30%, and $8/pair
64.02.99	- - Other:
64.02.991	- - - Footwear, as follows: (a) having a value not exceeding $3.50/pair; (b) having outer soles and uppers of leather; and (c) made by one or more of the following processes and by no other process: (i) by hand; (ii) by tools held in the hand; (iii) by machines powered by foot or hand	40%, and $15/ pair	DC: Free
64.02.999	- - - Other	40%, and $15/ pair	PNG: 30%, and $15/pair DC (except BRAZ and CHIN): 30%, and $15/pair
64.03	* FOOTWEAR WITH OUTER SOLES OF WOOD OR CORK:
64.03.1	- Having a value of less than $1.35/pair, not being footwear— (a) having a closed vamp (whether or not incorporating a peep toe); and (b) that is held to the foot at the heel or ankle	40%	PNG: 10% FI: 10% DC: 30%
64.03.2	- Footwear, NSA, having a value of less than $11/pair	40%, and $8/pair	PNG: 30%, and $8/pair DC (except CHIN, RKOR and TAIW): 30%, and $8/pair

SCHEDULE 7—continued

64.03.3	- Footwear, NSA, having a value of not less than $11/pair	40%, and $15/ pair	PNG: 30%, and $15/pair DC (except BRAZ and CHIN): 30%, and $15/pair
64.04	* FOOTWEAR WITH OUTER SOLES OF OTHER MATERIALS:
64.04.1	- Goods, as follows: (a) footwear of a kind used solely or principally in conjunction with diving dress or wetsuits; (b) ski boots	2%	DC: Free
64.04.2	- Footwear, NSA, having a value of less than $1.35/pair, not being footwear— (a) having a closed vamp (whether or not incorporating a peep toe); and (b) that is held to the foot at the heel or ankle	40%	PNG: 10% FI: 10% DC (except TAIW): 30%
64.04.3	- Footwear, NSA, having a value of less than $11/pair	40%, and $8/pair	PNG: 30%, and $8/pair DC (except CHIN, RKOR and TAIW): 30%, and $8/pair
64.04.4	- Footwear, NSA, having a value of not less than $11/pair	40%, and $15/ pair	PNG: 30%, and $15/pair DC (except BRAZ and CHIN): 30%, and $15/pair”.
3. Omit 84.18.2 to 84.18.4, substitute:
“84.18.2	- Filtering apparatus of a kind used with: (a) vehicles of a kind falling within 87.01.31, 87.02 or 87.03; (b) internal combustion piston engines	25%	DC: 15%
84.18.3	- Filtering and purifying machinery and apparatus, NSA	15%	DC: 10%”.
4. Omit 87.01.31, substitute:
“87.01.31	- - Designed for highway operation	20%	DC: 15% CAN: 12.5%”.
5. Omit 87.02.3, substitute:
“87.02.3	- Vehicles, NSA, having a gross vehicle weight rating of 2.72 t or more	20%	DC: 15% CAN: 12.5%”.
6. Omit 87.03, substitute:
“87.03	* SPECIAL PURPOSE MOTOR LORRIES AND VANS (INCLUDING BREAKDOWN LORRIES.

SCHEDULE 7—continued

	FIRE-ENGINES, FIRE-ESCAPES, ROAD SWEEPER LORRIES, SNOW-PLOUGHS, SPRAYING LORRIES, CRANE LORRIES, SEARCHLIGHT LORRIES, MOBILE WORKSHOPS AND MOBILE RADIOLOGICAL UNITS), BUT NOT INCLUDING MOTOR VEHICLES FALLING WITHIN 87.02:
87.03.1	- Crane lorries	30%	DC: 20% CAN: 22.5%
87.03.9	- Other	20%	DC: 15%”.
7. Omit 87.06.2, substitute:
“87.06.2	- For tractors of a kind falling within 87.01.1 or 87.01.2	2%	DC: Free”.
8. Omit 87.14.11, substitute:
“87.14.11	- - Assembled trailers, imported with and for use with prime movers of a kind falling within 87.01.31	20%	FI: Free DC: 15%”.

Amendment of Part I of Schedule 4

After item 22 insert:
“23	Components entered for home consumption on or before 31 December 1988, of the following types: (a) air brake equipment; (b) brake drums; (c) gearboxes with operating devices; (d) hubs; (e) propeller shaft assemblies; (f) road wheels; or (g) suspension systems, being components, including components imported with and forming part of unassembled vehicles, that are for use by a single manufacturer or assembler in the original manufacture or assembly of the cab/chassis or driveable chassis of a particular motor vehicle or a kind to which, if imported, 87.01.31 or 87.02.3 in Schedule 3 would apply
	To 31 December 1986	5%	DC: Free CAN: Free
	From 1 January 1987 To 31 December 1987	10%	DC: Free CAN: 2.5%
	From 1 January 1988	15%	FI: Free DC: 5% CAN: 7.5%”.

SCHEDULE 7—continued

Amendments of Schedule 5

1. Omit item 188, substitute:
“188	64.01.92	Footwear having a value of not less than $1.35/pair	15%, and $8/pair”.
2. Omit item 190, substitute:
“190	64.02.93	Footwear having a value of not less than $1.35/pair	15%, and $8/pair”.
3. Omit items 192 and 193, substitute:
“192	64.02.999	Footwear having a value of not less than $1.35/pair	15%, and $15/pair
193	64.03.2	Footwear having a value of not less than $1.35/pair	15%, and $8/pair”.
4. Omit item 195, substitute:
“195	64.04.3	Footwear having a value of not less than $1.35/pair	15%, and $8/pair”.
5. Omit item 210, substitute:
“210	84.18.2	Filtering apparatus of a kind used with vehicles of a kind falling within 87.01.31, 87.02 or 87.03, not being apparatus of a kind used solely or principally with fuel injection equipment for compression ignition engines	10%”.

—————

SCHEDULE 8 Section 13

FURTHER AMENDMENT OF SCHEDULE 4

Amendment of Part I of Schedule 4

Omit item 15, substitute:

“15 Goods, as prescribed by by-law, being—

Free

..”.

(a) goods imported by passengers or members of the crew of ships or aircraft;

(b) goods that—

(i) at the time at which they are approved for delivery for home consumption, are the property of a person who has arrived in Australia on an international flight within the meaning of section 96b of the Customs Act 1901; and

(ii) were purchased by that person in an inwards duty free shop within the meaning of that section;

SCHEDULE 8—continued

(c) goods, brought into, or sent to, Australia by such members of the Defence Force stationed outside Australia as are prescribed by by-law;

(d) goods imported by members of the forces of Canada, New Zealand or the United Kingdom;

(e) passengers’ personal effects, furniture or household goods

NOTE

1. No. 113, 1982, as amended. For previous amendments, see Nos. 32 and 100, 1983; Nos. 22, 31, 91 and 130, 1984; and Nos. 39 and 42, 1985.

[Minister’s second reading speech made in—

House of Representatives on 13 November 1985

Senate on 5 December 1985]

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