Businesses, Agents and Trade Professionals

PART II

INSTRUMENTS ISSUED TO ITEMS IN SCHEDULE 4

CUSTOMS TARIFF ACT 1995


Goods of a scientific, educational or cultural kind

ItemBy-law No.Description of GoodsStart date/ End date
11339704

Item 1 – Scientific goods, instruments and apparatus

Organisations eligible to import scientific instruments and apparatus

  1. This by-law may be cited as Customs By-law No. 1339704.

  2. This by-law shall take effect on and from 10 December 2013.

  3. For the purposes of paragraph (a) of item 1 of Schedule 4 to the Customs Tariff Act 1995, scientific instruments or apparatus consigned to organisations listed in Table A are prescribed:

    Table A

    The Australian Antarctic Division of the Department of Sustainability, Environment, Water, Population and Communities
    Association of Universities for Research in Astronomy Inc (AURA)
    Austin Medical Research Foundation
    The Australian Astronomical Observatory
    Australian Institute of Marine Science
    The Australian Nuclear Science Technology Organisation
    The Australian Radiation Protection and Nuclear Safety Agency Baker IDI
    The Centre for Australian Weather and Climate Research
    The Centenary Institute
    Children’s Medical Research Institute
    The Commonwealth Scientific and Industrial Research Organisation
    The Defence Science and Technology Organisation
    The Garvan Institute of Medical Research
    Geoscience Australia
    The Heart Research Institute
    Florey Neuroscience Institutes
    Ludwig Institute for Cancer Research
    Burnet Institute
    Mental Health Research Institute
    The Menzies School of Health Research
    The National Measurement Institute
    Prince Henry's Institute
    Queensland Institute of Medical Research
    Sir Albert Sakzewski Virus Research Centre
    St Vincent's Institute of Medical Research, Melbourne
    South Australian Health and Medical Research Institute
    The Victor Chang Cardiac Research Institute
    Walter and Eliza Hall Institute of Medical Research.

  4. For the purposes of paragraph (a) of item 1 of Schedule 4 to the Customs Tariff Act 1995, scientific instruments or apparatus consigned to the following are prescribed:

    1. higher education providers within the meaning of the Higher Education Support Act 2003;

    2. all registered training organisations as listed on the National Register under the National Vocational Education and Training Regulator Act 2011;

    3. schools directly or indirectly funded under the States Grants (Schools Assistance) Act 1984; or

    4. similar scientific or education institutions, approved by the Minister for Industry, Innovation, Science, Research and Tertiary Education or by the Minister for School Education.

  5. For the purposes of paragraph (a) of item 1 of Schedule 4 to the Customs Tariff Act 1995, spare parts, components or accessories specially designed for use with the scientific instruments or apparatus prescribed in paragraphs 3 and 4 above are prescribed.
  6. For the purposes of paragraph (a) of item 1 of Schedule 4 to the Customs Tariff Act 1995, tools specially designed for the maintenance, checking, gauging or repair of scientific instruments or apparatus prescribed in paragraphs 3 and 4 above are prescribed.
  7. 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.
10/12/13
11301139 Scientific equipment under an inter-governmental agreement
  1. This by-law may be cited as Customs By-law No. 1301139.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of paragraph (b) of item 1 of Schedule 4 to the Customs Tariff Act 1995, goods of a scientific nature that are covered by an agreement or arrangement to cooperate in the field of science and technology between the Government of Australia and the government of another country or other countries are prescribed.

  4. Item 1 applies to the goods in paragraph 3 if either one of the following conditions is satisfied:

    1. the Collector approves in writing the kinds and quantities of goods to be imported, and the uses to which the goods are to be put; or

    2. the agreement or arrangement provides that the imported goods are to be allowed entry into Australia free of Customs duty.

  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.

01/03/2013
31300557

Item 3 – Books, visual and auditory goods

Microforms, models, wall charts and film

  1. This by-law may be cited as Customs By-law No. 1300557.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of paragraphs (a) and (b) of item 3 of Schedule 4 to the Customs Tariff Act 1995, the following goods are prescribed:

    1. microforms;

    2. patterns, models and wall charts for use exclusively for demonstrational purposes;

    3. film.

  4. For the purposes of this by-law, “microforms” is taken to mean an arrangement of images that are substantially reduced in size from the original form.

  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.

01/03/2013
41300595

Item 4 – Calendars and catalogues

Overseas travel literature and ATA carnets

  1. This by-law may be cited as Customs By-law No. 1300595.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 4 of Schedule 4 to the Customs Tariff Act 1995, the following goods are prescribed:

    1. documents that are for free distribution and that do not contain more than 25% private commercial advertising, as follows:

      1. lists or year books of foreign hotels, published or sponsored by official tourist agencies;
      2. timetables of transport services operating abroad;
    2. overseas travel literature and printed matter designed for general publicity purposes, the chief purpose of which is to encourage the public to visit a foreign country, and in which any reference to Australia or Australian persons is incidental, as follows:

      1. issued by overseas travel principals or their agents;
      2. for free distribution and containing not more than 25% private commercial advertising;
    3. technical materials sent to accredited representatives or correspondents appointed by national official tourist agencies, not intended for distribution, as follows:

      1. catalogues of fairs;
      2. documentation about museums, universities, spas or similar institutions;
      3. lists of hotels;
      4. telephone directories;
      5. year books;
    4. blank Admission Temporaire/Temporary Admission (ATA) carnets, prepared in accordance with the Customs Convention on ATA carnets;

    5. paper catalogues or paper price lists relating exclusively to goods and/or services of a country other than Australia, designed for international distribution and not directed specifically at Australian consumption.

  4. For the purposes of paragraph 3(e) “catalogues” include individual leaflets, each advertising a single article, which have been permanently fastened together (including fastening by means of hinged binders or staples) in such a manner as to give them the appearance of a catalogue.

  5. For the purposes of paragraph 3(e) “catalogues” and “price lists” include publications containing a reference to the name of an Australian agent of the overseas person in whose interest the publication is issued but not a reference to both the names of an Australian agent and an Australian retailer.

  6. 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.

              
01/03/2013
41300601

Goods imported in accordance with the Customs Convention concerning Facilities for Display or Use at Exhibitions, Fairs, Meetings or Similar Events                   

  1. This by-law may be cited as Customs By-law No. 1300601.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 4 of Schedule 4 to the Customs Tariff Act 1995, goods of a kind and in quantities approved by the Collector, imported for an event approved by the Collector in accordance with:

    1. Article 1 of the Customs Convention concerning Facilities for the Importation of Goods for Display or Use at Exhibitions, Fairs, Meetings or Similar Events; or

    2. Annex B.1 of the Convention on Temporary Admission (known as the Istanbul Convention),

    are prescribed.

  4. For the purposes of item 4, the goods in paragraph 3 are subject to the following conditions:

    1. Article 7 or subparagraph 1(d) of Article 6 of the Customs Convention concerning Facilities for the Importation of Goods for Display or Use at Exhibitions, Fairs, Meetings or Similar Events specified in paragraph 3(a); or

    2. subparagraph 1(d) or 1(e) of Article 5 to Annex B.1 of the Convention on Temporary Admission specified in paragraph 3(b).

  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.

01/03/2013
81243719

Item 8 – Theatrical and traditional costumes

Theatrical costumes and props

  1. This by-law may be cited as Customs By-law No. 1243719.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of paragraph (a) of item 8 of Schedule 4 to the Customs Tariff Act 1995, the following goods are prescribed:

    1. theatrical costumes;

    2. props made of metal.

  4. The application of paragraph (a) of item 8 to the goods in paragraph 3 is subject to the following conditions:

    1. the Collector must be satisfied that they are for use in theatrical representations; and

    2. the goods must be exported from Australia within six months of their importation or such further period as the Collector may in writing allow; and

    3. evidence of the exportation of the goods must be provided to and to the satisfaction of the Collector.

  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.

01/03/2013
81243816 Traditional costumes
  1. This by-law may be cited as Customs By-law No. 1243816.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of paragraph (b) of item 8 of Schedule 4 to the Customs Tariff Act 1995, traditional costumes that are:

    1. authentic in design; and

    2. made from traditional materials in the country of the tradition’s origin; and

    3. imported by groups established for the purpose of performing in those traditional costumes,

    are prescribed.

  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.

01/03/2013

Goods for international bodies or persons or goods relating to offshore areas

ItemBy-law No.Description of GoodsStart date/ End date
91300603 Item 9 – Goods of international organisations
Goods for international organisations
  1. This by-law may be cited as Customs By-law No. 1300603.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of paragraph (a) of item 9 of Schedule 4 to the Customs Tariff Act 1995, the following goods are prescribed:

    1. goods, that at the time they are entered for home consumption, are owned by an organisation listed in Table 1; and

    2. are for the official use of that organisation.

    Table 1

    Australian-American Educational Foundation
    Commission for the Conservation of Southern Bluefin Tuna
    European Space Agency

  4. For the purposes of paragraph (b) of item 9 of Schedule 4 to the Customs Tariff Act 1995 the following goods are prescribed:
    1. furniture, personal and household effects that at the time they are entered for home consumption, are owned by an official of an organisation specified in Table 2; and

    2. are for the official or personal use of the official; and

    3. are imported at the time of the official’s first arrival.

      Table 2
      Commission for the Conservation of Southern Bluefin Tuna
      European Space Agency

  5. Paragraph 3 does not apply to goods which would be subject to excise duty, if produced or manufactured in Australia.

  6. Paragraph 4 does not apply to the following:

    1. motor vehicles; and

    2. goods which would be subject to excise duty, if produced or manufactured in Australia.

  7. For the purposes of paragraph 4(c), “at the time of the official’s first arrival” means any time from 6 months before to 6 months after the date of first arrival of the official, or such other period as the Collector may allow.

  8. 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.

01/03/2013
101243557 Item 10 – Goods of foreign governments
Goods subject to an agreement or arrangement
  1. This by-law may be cited as Customs By-law No. 1243557.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 10 of Schedule 4 to the Customs Tariff Act 1995, goods that are the subject of an agreement or arrangement between the Government of Australia and the government of another country that requires the goods be allowed entry into Australia free of customs duty are prescribed.

  4. The application of item 10 to the goods in paragraph 3 is subject to the following conditions:

    1. the goods must be owned by the government of a country other than Australia at the time of entry for home consumption;

    2. the goods must be for the official use of that government; and

    3. the goods must not be used for the purposes of trade.

  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.

01/03/2013
101243684 Goods approved by the Minister
  1. This by-law may be cited as Customs By-law No. 1243684.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 10 of Schedule 4 to the Customs Tariff Act 1995, goods, quantities of goods, and uses of goods that the Minister has approved in writing prior to importation, are prescribed.

  4. The application of item 10 to the goods in paragraph 3 is subject to the following conditions:

    1. the goods must be owned by the government of a country other than Australia at the time of entry for home consumption;

    2. the goods must be for the official use of that government; and

    3. the goods must not be used for the purposes of trade.

  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.

01/03/2013
111300964

Item 11 – Goods for foreign forces

Goods for commissaries

  1. This by-law may be cited as Customs By-law No. 1300964.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 11 of Schedule 4 to the Customs Tariff Act 1995, goods for sale by commissaries, that are for use by or for sale to persons the subject of a Status of Forces Agreement between the Government of Australia and the government of another country, are prescribed.

  4. This by-law does not apply to goods that are to be sold or otherwise disposed of by or on behalf of a person referred to in the above paragraph to a person not referred to in the above paragraph.

  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.

01/03/2013
111300978 Personal goods for a Malaysian Visiting Force
  1. This by-law may be cited as Customs By-law No. 1300978.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 11 of Schedule 4 to the Customs Tariff Act 1995 the following goods are prescribed:

    1. the personal effects, furniture and household goods (other than goods referred to in paragraph 5) of a member of a Malaysian Visiting Force or the civilian component of such a force, or a dependant of such a person; and

    2. a motor vehicle imported by a member of a Malaysian Visiting Force or the civilian component of such a force.

  4. The application of item 11 to the goods in paragraph 3(a) is subject to the following conditions:

    1. the goods are imported at the time of first arrival of the member or dependant in Australia;

    2. the goods remain in the use, ownership and possession of the member or dependant; and

    3. the goods will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia within two years of the date of importation unless prior written approval has been obtained from the Collector.

  5. Paragraph 3(a) does not apply to motor vehicles, cigarettes, cigars, tobacco or spirituous liquors.

  6. The application of item 11 to the goods in paragraph 3(b) is subject to the following conditions:

    1. the motor vehicle is owned and used during the period of six months immediately prior to the member's first departure for Australia, and remains in the use, ownership and possession of the member or, with the written permission of the Collector, of another member, for two years after the date of importation; or

    2. the motor vehicle remains in the ownership and possession of the member, or, with the written permission of the Collector, of another member, and is exported by the member within three years of the date of importation or within such extended period as the Collector may allow.

  7. For the purposes of this by-law, “Visiting Force”, “civilian component” and “dependant” have the meaning expressed in Article 1 of the Agreement between the Government of Australia and the Government of Malaysia concerning the Status of Forces, which entered into force on 22 July 1999.

  8. For the purposes of this by-law, “at the time of first arrival” means any time during the period commencing on the date of first arrival in Australia of a member of a Malaysian Visiting Force or the civilian component of such a force or a dependant, to six months after that date.

  9. 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.

01/03/2013
111300982 Personal goods for a New Zealand Visiting Force
  1. This by-law may be cited as Customs By-law No. 1300982.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 11 of Schedule 4 to the Customs Tariff Act 1995 the following goods are prescribed:

    1. the personal effects, furniture and household goods (other than goods referred to paragraph 5) of a member of a New Zealand Visiting Force or the civilian component of such a force, or a dependant of such a person; and

    2. a motor vehicle imported by a member of a New Zealand Visiting Force or the civilian component of such a force.

  4. The application of item 11 to the goods in paragraph 3(a) is subject to the following conditions:

    1. the goods are imported at the time of first arrival of the member or dependant in Australia;

    2. the goods remain in the use, ownership and possession of the member or dependant; and

    3. the goods will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia within two years of the date of importation unless prior written approval has been obtained from the Collector determines otherwise.

  5. Paragraph 3(a) does not apply to motor vehicles, cigarettes, cigars, tobacco or spirituous liquors.

  6. The application of item 11 to the goods in paragraph 3(b) is subject to the following conditions:

    1. the motor vehicle is owned and used for at least three months immediately prior to the member's first departure for Australia, provided that the motor vehicle remains in the use, ownership and possession of the member or, with the written permission of the Collector, of another member, for two years after the date of importation; or

    2. the motor vehicle remains in the use, ownership and possession of the member, or, with the written permission of the Collector, of another member for two years after the date of its importation, or is exported by the member within two years of the date of importation or within such extended period as the Collector may allow.

  7. For the purposes of this by-law, “Visiting Force”, “civilian component” and “dependant” have the meaning expressed in Article 1 of the Agreement between the Government of Australia and the Government of New Zealand concerning the Status of their Forces, which was entered into force on 27 May 2005.

  8. For the purposes of this by-law, “at the time of first arrival” means any time during the period commencing on the date of first arrival in Australia of a member of a New Zealand Visiting Force or the civilian component of such a force or a dependant, to six months after that date.

  9. 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.

01/03/2013
111300987 Personal goods for a Papua New Guinea Visiting Force
  1. This by-law may be cited as Customs By-law No. 1300987.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 11 of Schedule 4 to the Customs Tariff Act 1995 the following goods are prescribed:

    1. the personal effects, furniture and household goods (other than goods referred to in paragraph 5) of a member of a Papua New Guinea Visiting Force or the civilian component of such a force or of a dependant of such a person; and

    2. a motor vehicle imported by a member of a Papua New Guinea Visiting Force or the civilian component of such a force.

  4. The application of item 11 to the goods in paragraph 3(a) is subject to the following conditions:

    1. the goods are imported at the time of first arrival of the member or dependant in Australia;

    2. the goods remain in the use, ownership and possession of that person; and

    3. the goods will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia within two years of the date of importation unless prior written approval has been obtained from the Collector.

  5. Paragraph 3(a) does not apply to motor vehicles, cigarettes, cigars, tobacco or spirituous liquors.

  6. The application of item 11 to the goods in paragraph 3(b) is subject to the following condition:

    1. the motor vehicle is owned and used outside Australia by the member for three months immediately prior to the member’s first departure for Australia, provided that the motor vehicle remains in the use, ownership and possession of the member or, with the written permission of the Collector, of another member during the period of two years immediately after the date of its importation.

  7. For the purposes of this by-law, “Visiting Force”, “civilian component” and “dependant” have the meanings expressed in Article 1 of the Agreement between the Governments of Australia and Papua New Guinea which entered into force on 26 January 1977.

  8. For the purposes of this by-law, “at the time of the first arrival” means any time during the period commencing on the date of first arrival of a member or dependant of a Papua New Guinea Visiting Force, or the civilian component of such a force or a dependant, to six months after that date, or such further period as the Collector may allow.

  9. 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.

01/03/2013
111300989 Personal goods for a Singapore Visiting Force
  1. This by-law may be cited as Customs By-law No. 1300989.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 11 of Schedule 4 to the Customs Tariff Act 1995 the following goods are prescribed:

    1. the personal effects, furniture and household goods (other than goods referred to in paragraph 5) of a member of a Singapore Visiting Force or the civilian component of such a force, or a dependant of such a person; and

    2. a motor vehicle imported by a member of a Singapore Visiting Force or the civilian component of such a force.

  4. The application of item 11 to the goods in paragraph 3(a) is subject to the following conditions:

    1. the goods are imported at the time of first arrival of the member or dependant in Australia;

    2. the goods remain in the use, ownership and possession of the member or dependant; and

    3. the goods will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia within two years of the date of entry for home consumption unless prior written approval has been obtained from the Collector.

  5. Paragraph 3(a) does not apply to motor vehicles, cigarettes, cigars, tobacco or spirituous liquors.

  6. The application of item 11 to the goods in paragraph 3(b) is subject to the following conditions:

    1. the motor vehicle is owned and used during the period of three months immediately prior to the member's first departure for Australia, provided that the motor vehicle will remain in the use, ownership and possession of the member or, with the written permission of the Collector, of another member of a Singapore Visiting Force, civilian component of such a force or dependant, throughout the period of two years immediately after the date of entry for home consumption; or

    2. the motor vehicle remains in the ownership and possession of the member, or, with the written permission of the Collector, of another member, and is exported by the member within twelve months of the date of entry for home consumption or within such extended period as the Collector may allow.

  7. For the purposes of this by-law, “Visiting Force”, “civilian component” and “dependant” have the meaning expressed in a note from the Australian High Commissioner to Singapore signed on 10 February 1988.

  8. For the purposes of this by-law, “at the time of first arrival” means any time during the period extending from the date of first arrival in Australia of a member of a Singapore Visiting Force or civilian component of such a force or a dependant, to six months after that date.

  9. 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.

01/03/2013
111300995 Personal goods for a United States Visiting Force
  1. This by-law may be cited as Customs By-law No. 1300995.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 11 of Schedule 4 to the Customs Tariff Act 1995 the following goods are prescribed:

    1. the personal effects, furniture and household goods (other than goods referred to in paragraph 5) of a member of a United States Visiting Force or the civilian component of such a force, or a dependant of such a person;

    2. a motor vehicle imported by a member of a United States Visiting Force or the civilian component of such a force;

    3. goods (other than goods referred to in paragraphs 7 and 8) imported from the United States through military post offices by a member of the United States Forces or of the civilian component or a dependant, as follows:

      1. personal consumables;
      2. goods of a kind which when in use are worn or carried on the person;
      3. goods which are normally carried in hand baggage when travelling;
      4. unsolicited gifts sent by persons resident overseas in recognition or appreciation of an occasion or event.
  4. The application of item 11 to the goods in paragraph 3(a) is subject to the following conditions:

    1. the goods are imported at the time of first arrival of the member or dependant in Australia;

    2. the goods remain in the use, ownership and possession of the member or dependant; and

    3. the goods will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia within two years of the date of importation unless prior written approval has been obtained from the Collector.

  5. Paragraph 3(a) does not apply to motor vehicles, cigarettes, cigars, tobacco or spirituous liquors.

  6. The application of item 11 to the goods in paragraph 3(b) is subject to the following conditions:

    1. the motor vehicle is owned and used during the period of six months immediately prior to the member's first departure for Australia, and remains in the use, ownership and possession of the member or, with the written permission of the Collector, of another member, for two years after the date of importation; or

    2. the motor vehicle remains in the ownership and possession of the member or, with the written permission of the Collector, of another member, and is exported by the member within three years of the date of importation or within such extended period as the Collector may allow.

  7. Paragraph 3(c) does not apply to goods where the value of the goods exceeds $US130.

  8. Paragraph 3(c) does not apply to motor vehicles, cigarettes, cigars, tobacco or spirituous liquors.

  9. For the purposes of this by-law, “member of the United States Visiting Force or of the civilian component or a dependant”, has the meaning expressed in Article 1 of the Agreement concerning the Status of United States Forces in Australia, which entered into force on 9 May 1963.

  10. For the purposes of this by-law, “at the time of the first arrival” means any time in a period commencing six months before the date of first arrival in Australia of a member of a United States Visiting Force or the civilian component of such a force or a dependant, to six months after that date.

  11. For the purposes of this by-law, “military post offices” means those U.S. postal establishments located at Alice Springs, N.T., Darwin, N.T., North West Cape, W.A., St. Peters, N.S.W., Woomera, S.A., Melbourne, Vic. and Canberra, A.C.T.

  12. 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.

01/03/2013
121243830

Item 12 – Trade Commissioner goods

Goods for the use of a Trade Commissioner of any country

  1. This by-law may be cited as Customs By-law No. 1243830.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 12 of Schedule 4 to the Customs Tariff Act 1995, goods that at the time they are entered for home consumption are for the official use of a Trade Commissioner of any country are prescribed.

  4. For the purposes of item 12 the goods in paragraph 3 do not include the goods listed in the table below:

    TABLE

    Alcoholic beverages
    Tobacco products
    Motor vehicles
    Aircraft
    Seacraft.

  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.

01/03/2013
131243872

Item 13 – Goods subject to the Torres Strait Treaty

Goods imported by traditional inhabitants of the area covered by the Torres Strait Treaty

  1. This by-law may be cited as Customs By-law No. 1243872

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 13 of Schedule 4 to the Customs Tariff Act 1995, goods imported by traditional inhabitants of the area covered by the Torres Strait Treaty, for the use by such traditional inhabitants in the performance of traditional activities in, or in the vicinity of, the Protected Zone are prescribed.

  4. For the purposes of this by-law, “traditional inhabitants” means persons who:

    1. are Torres Strait Islanders who live in the Protected Zone or the adjacent coastal area of Australia;

    2. are citizens of Australia; and

    3. maintain traditional customary associations with areas of features in, or in the vicinity of, the Protected Zone, in relation to their subsistence or livelihood or social, cultural or religious activities.

  5. For the purposes of this by-law, “traditional activities” includes:

    1. activities on land, including gardening, collection of food and hunting;

    2. activities on water, including traditional fishing;

    3. religious and secular ceremonies or gatherings for social purposes, for example, marriage celebrations and settlement of disputes; and

    4. barter and market trade.

  6. For the purposes of this by-law, “Protected Zone” means the zone established under the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that Treaty.

  7. For the purposes of this by-law, “in the vicinity of” means an area adjacent to the Protected Zone declared by the Minister, by virtue of a notice published in the Gazette, to be an area in the vicinity of the Protected Zone.

  8. 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.

01/03/2013
141300532

Item 14 – Eastern Greater Sunrise offshore area goods

Goods for use in a petroleum activity in the Eastern Greater Sunrise offshore area

  1. This by-law may be cited as Customs By-law No. 1300532.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 14 of Schedule 4 to the Customs Tariff Act 1995, goods for use in a petroleum activity in the Eastern Greater Sunrise offshore area are prescribed.

  4. For the purposes of this by-law, the Eastern Greater Sunrise offshore area has the same meaning as it has in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

  5. For the purposes of this by-law, “petroleum activity” means any activity relating to any of the following operations:

    1. petroleum exploration operations;

    2. operations for the recovery of petroleum;

    3. operations relating to the processing or storage of petroleum;

    4. operations relating to the preparation of petroleum for transport;

    5. operations connected with the construction or operation of a pipeline, within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

  6. Paragraph 3 does not include goods that are for personal or domestic use, including food, beverages (including alcoholic beverages), tobacco, toiletries and clothing (other than protective safety clothing for use in a petroleum activity).

  7. 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.

01/03/2013

Goods that are personal effects

ItemBy-law No.Description of GoodsStart date/ End date
151300938

Item 15 – Personal effects for passengers and ship or aircraft crew

Goods imported by a member of the forces of Canada or the United Kingdom

  1. This by-law may be cited as Customs By-law No. 1300938.

  2. This by-law takes effect on and from 1 March 2013.

  3. For the purposes of paragraph (d) of item 15 of Schedule 4 to the Customs Tariff Act 1995, goods imported by a member of the forces of Canada or the United Kingdom being goods, as follows, are prescribed:

    1. a motor vehicle owned and used outside Australia by the member of those forces during the period of six months immediately preceding his or her first departure for Australia, provided that the motor vehicle remains in the use, ownership and possession of that member of those forces or, with the permission of the Collector, of another member of those forces during the period of two years immediately after the date of its importation;

    2. a motor vehicle for the personal use of the member of those forces, not being a motor vehicle of a kind described in the preceding paragraph, which is intended to be exported, provided that the vehicle is exported within three years after the date of its importation or within such extended period as may be approved by the Collector.

      With the permission of the Collector, a motor vehicle imported under this sub-paragraph may be transferred to another member of those forces provided that it is exported by the latter member of those forces within three years after the date of its importation or within such extended period as may be approved by the Collector.

  4. For the purposes of this by-law, “member of the Forces of Canada or the United Kingdom” means a person belonging to the land, sea or air armed services of those countries temporarily serving in Australia under arrangements agreed on by the Government of Australia and the Governments of Canada and the United Kingdom.

  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.

01/03/2013
151300942 Unaccompanied personal effects
  1. This by-law may be cited as Customs By-law No. 1300942.

  2. This by-law takes effect on and from 1 March 2013.

  3. For the purposes of item 15 of Schedule 4 to the Customs Tariff Act 1995, the goods that are specified in Column 1 of the Table (the Table) below are prescribed.

  4. The application of item 15 to the goods in the Table are subject to:

    1. paragraph 4; and
    2. the exceptions and conditions, if any, set out in Column 2 opposite those goods.
  5. The goods must:

    1. not be commercial goods; and
    2. be personal goods.
  6. In this by-law:

    adult means a person 18 years or over; arriving person means a passenger or crew member who was on board a ship or aircraft which arrived in Australia from a place outside Australia; commercial goods means goods that:

    1. are intended to be used by the arriving person for a commercial purpose, including sale, lease, hire or exchange; or
    2. are goods that have been imported in such a quantity that, having regard to their nature or durability, that quantity represents a commercial quantity;

    family means:

    1. a husband and wife, and any of their children who are under the age of 18 years; or
    2. a person and his or her de facto partner (within the meaning of the Acts Interpretation Act 1901), and any of their children who are under the age of 18 years;

    permanent resident means a person who arrives in Australia and intends forthwith to take up permanent residence in Australia; and

    1. is an Australian citizen for the purposes of the Australian Citizenship Act 2007 (as amended from time to time); or
    2. holds a permanent visa within the meaning of the Migration Act 1958 (as amended from time to time); or
    3. holds a special category visa within the meaning of the Migration Act 1958 (as amended from time to time);

    personal goods means goods that:

    1. are the property of an arriving person; and
    2. are suitable, and are intended, for use by the arriving person;

    but do not include motor vehicles or motor vehicle parts;

    tobacco products mean cigarettes, cigars or other products containing tobacco;

used in relation to the expression “personally owned and used” means being available for use for their intended purpose by the arriving person on a continuing basis in each country in which that person was residing on a long term basis.

Column 1
Goods
Column 2
Exceptions and Conditions 
  1. Goods, as follows:
    1. personal clothing of all kinds including footwear;
    2. articles for personal hygiene or grooming.
  1. The goods must be imported by an arriving person who is a permanent resident.
  2. Except fur apparel and perfume concentrates.
  1. Goods, as follows:
    1. non-motorised caravans;
    2. non-motorised box, boat or similar trailers;
    3. boats designed for use in sheltered waters for sport or recreation, conforming to one of the following specifications:
      1. boats propelled by manual or pedal power;
      2. sailing boats that:
        1. do not exceed 1,000 kilograms unladen weight;
        2. do not incorporate any device for propelling the boat by power; and
        3. are not of the deep keel type; or
      3. powered boats that:
        1. do not exceed 7 metres in length, overall;
        2. do not exceed 2.5 metres in width at any section; and
        3. do not exceed 1,250 kilograms unladen weight when imported with driving units and transmissions, or 800 kilograms unladen weight when imported without driving units and transmissions.
  1. The goods must be imported by an arriving person.
  2. If the person is part of a family, only one article selected from each of the three groups (a), (b) and (c) (specified in Column 1) will be allowed for the family per three years.
  3. If the person is not part of a family, only one article selected from each of the three groups (a), (b) and (c) (specified in Column 1) will be allowed for the person per three years.
  4. The person must have:
    1. arrived in Australia with the intention of immediately taking up or resuming permanent residence; and
    2. personally owned and used the goods overseas for the twelve months preceding the person’s departure for Australia.
  5. If the goods are a boat specified in group (c), they will not be sold or otherwise disposed of in Australia by or on behalf of the arriving person, within two years after the date of importation of the goods.
  1. Aircraft of all types, having not more than one propulsion motor.
  1. The goods must be imported by an arriving person who is an adult permanent resident.
  2. If the person is part of a family, only one aircraft will be allowed for the family.
  3. If the person is not part of a family, only one aircraft will be allowed for the person.
  4. The person must have personally owned and used the goods overseas for the six months preceding the person’s departure for Australia.
  5. The goods must not be sold or otherwise disposed of in Australia by or on behalf of the arriving person, within two years after the date of importation of the goods.
  1. Machinery, plant and equipment, not covered by a preceding item.
  1. The goods must be imported by an arriving person who is an adult permanent resident.
  2. The person must have personally owned and used the goods overseas for the twelve months preceding the person’s departure for Australia.
  3. The person must intend to use the goods or be in a position to use the goods.
  4. The goods will, for a continuous period of two years, be put to use in Australia by the arriving person for the purpose for which they are intended.
  5. The goods will not be sold, leased, hired, mortgaged or otherwise disposed of, by or on behalf of the arriving person, before the expiration of the two year period referred to in paragraph (4) of this condition.
  1. Fur apparel, personal effects, furniture and household goods, not covered by a preceding item.
  1. The goods must be imported by an arriving person.
  2. The person must have personally owned and used the goods overseas for the twelve months preceding the arriving person’s departure for Australia.
  3. Except alcoholic beverages and tobacco products.
01/03/2013
​ 7. 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. ​
151300953 Accompanied personal effects
  1. This by-law may be cited as Customs By-law No. 1300953.

  2. This by-law takes effect on and from 1 March 2013.

  3. For the purposes of item 15 of Schedule 4 to the Customs Tariff Act 1995, goods that are specified in Column 1 of the Table (the Table) below are prescribed.

  4. The application of item 15 to the goods specified in Column 1 of the Table are subject to:

    1. paragraph 4; and
    2. the exclusions and conditions, if any, set out in Column 2 opposite those goods or in paragraph 8.
  5. The goods must:

    1. be imported as the accompanied baggage of an arriving person or purchased by an arriving person at an inwards duty free shop; and
    2. not be commercial goods; and
    3. not be motor vehicles or motor vehicle parts.
  6. For the purposes of item 7 of the Table, one cigarette is taken to weigh 1 gram.

  7. For the purposes of item 8 of the Table, the amount, in respect of a family that arrived in Australia on a flight or voyage, is the amount calculated in accordance with the formula:

    ($900 x A) + ($450 x C)

    where:

    A is the number of adults in the family who were on the flight or voyage; and
    C is the number of children in the family who were on the flight or voyage.

  8. In this by-law:
    accompanied baggage means goods which:

    1. are carried or worn by an arriving person and are available for presentation to Customs at the time of his or her processing through Customs; or
    2. are consigned to travel on the same ship or aircraft as the arriving person as baggage under a passenger’s ticket baggage allowance or as excess baggage, but which are loaded onto another ship or aircraft due to circumstances beyond the control of the passenger; or
    3. are consigned to arrive on one of a group of Australian Defence Force operated ships or aircraft carrying out the joint task of transporting passengers and their baggage,

    but does not include goods forwarded by post or consigned as freight by the arriving person whether or not they arrive on the same ship or aircraft;

    adult means a person 18 years or over;

    arriving person means a passenger or crew member who was on board a ship or aircraft which arrived in Australia from a place outside Australia;

    child means a child (within the meaning of section 4 of the Customs Act 1901) who is under 18;
    commercial goods means goods that:

    1. are intended to be used by the arriving person for a commercial purpose, including sale, lease, hire or exchange; or
    2. are goods that have been imported in such a quantity that, having regard to their nature or durability, that quantity represents a commercial quantity;

    concealed includes if a person was required to give information about goods to Customs in accordance with section 71, 71K or 71L of the Customs Act 1901 and the person failed to do so;

    family means:

    1. a husband and wife, and any of their children; or
    2. a person and his or her de facto partner (within the meaning of the Acts Interpretation Act 1901), and any of their children;

    inwards duty free shop has the meaning given by section 96B of the Customs Act 1901;

    GST has the meaning given by section 195-1 of the GST Act;

    GST Act means the A New Tax System (Goods and Services Tax) Act 1999;

    personal good means a good that is:

    1. the property of an arriving person; and
    2. suitable, and is intended, for use by the arriving person;

    tobacco product means a cigarette, cigar or other product containing tobacco;

    used, in relation to the expression “owned and used”, means being available for use for their intended purpose by the arriving person on a continuing basis in each country in which that person was residing on a long term basis.

  9. Column 1
    Goods
    Column 2                              
    Conditions and Exclusions
    Category: Personal clothing, footwear and articles for personal hygiene/grooming

    Item 1:

    Personal goods, as follows:

    1. personal clothing of all kinds including footwear;
    2. articles for personal hygiene or grooming.
    Exclusion 1.1:

    Excluding fur apparel and perfume concentrates.

    Category: Goods previously exported from Australia by the arriving person

    Item 2:
    Personal goods, imported by an arriving person ordinarily domiciled in Australia that were exported from Australia when the person departed from Australia.

    Exclusion 2.1:
    Excluding goods purchased duty free in Australia at an outwards duty free shop (within the meaning of section 96A of the Customs Act 1901).

    Exclusion 2.2:
    Excluding goods that were an acquisition, the supply of which was a GST-free supply because of item 7 in the table in subsection 38-185(1) of the GST Act.

    Exclusion 2.3:
    Excluding goods in respect of which the arriving person is entitled to, and has claimed, a payment under Division 168 of the GST Act related to the export of the goods.

    Category: Goods to be exported from Australia later by the arriving person

    Item 3:
    Personal goods, imported by an arriving person ordinarily domiciled outside Australia that the arriving person intends to export from Australia when the arriving person departs from Australia.

    Category: Goods owned and used overseas for more than 12 months

    Item 4:
    Personal goods, including fur apparel, personal effects, furniture and household goods not covered by items 1 to 3.

    Condition 4.1:

    Provided the goods have been owned and used overseas by the arriving person for a period of 12 months preceding the arriving person’s departure for Australia.

    Exclusion 4.2:
    Excluding alcoholic beverages and tobacco products.

    Category: Alcoholic beverages
    Item 5:

    Alcoholic beverages not exceeding 2,250 ml.

    Condition 5.1:

    The goods must be imported by an adult or purchased at an inwards duty free shop by an adult.

    Note: See paragraph 8 for additional conditions

    Exclusion 5.2:

    Excluding all alcoholic beverages where the total quantity of alcoholic beverages imported by the person (if any) and purchased by the person at an inwards duty free shop (if any) exceeds 2,250 ml and the person has concealed any of the alcoholic beverages from Customs.

    Exclusion 5.3:

    Excluding all alcoholic beverages where the total quantity of alcoholic beverages imported by the person (if any) and purchased by the person at an inwards duty free shop (if any) exceeds 2,250 ml and the person has not concealed any of the alcoholic beverages and the person wishes to take the total quantity of alcoholic beverages into home consumption.

    Category: Tobacco products
    Item 6:

    25 or less cigarettes.

    Condition 6.1:

    The goods must be in an opened packet in the possession of the adult who imported them.

    Item 7:

    Tobacco products not exceeding 50 grams (excluding cigarettes covered by item (6)).

    Condition 7.1:

    The goods must be imported by an adult or purchased at an inwards duty free shop by an adult.

    Condition 7.2:

    Excluding all tobacco products where the total quantity of tobacco products imported by the person (if any) and purchased by the person at an inwards duty free shop (if any) exceeds 50 grams (excluding cigarettes covered by item (6)) and the person has concealed any of the tobacco products from Customs.

    Condition 7.3:

    Excluding all tobacco products where the total quantity of tobacco products imported by the person (if any) and purchased by the person at an inwards duty free shop (if any) exceeds 50 grams (excluding cigarettes covered by item (6)) and the person has not concealed any of the tobacco from Customs and the person wishes to take the total quantity of tobacco products into home consumption.

    Category: Family - general goods not covered by any other category
    Item 8:

    Goods:

    1. not covered by an item of the Table above; and

    2. where the total value of all such goods imported by the members of a family (if any) and purchased by the members of the family at an inwards duty free shop (if any) does not exceed the amount calculated in accordance with paragraph 6 above.

    Condition 8.1:

    The goods must be imported by a member of a family or purchased at an inwards duty free shop by a member of a family.

    Condition 8.2:

    The members of the family must be passengers who arrived in Australia on the same flight or voyage.

    Exclusion 8.3:

    Excluding alcoholic beverages and tobacco products.

    Exclusion 8.4:

    Excluding all goods where the total value of all such goods imported by the members of the family (if any) and purchased by the members of the family at an inwards duty free shop (if any) exceeds the amount calculated in accordance with paragraph 6 above.

    Category: Adult (not travelling in family group) - general goods not covered by any other category
    Item 9:

    Goods:

    1. not covered by an item of the Table above; and

    2. where the total value of such goods does not exceed $900.

    Condition 9.1:

    The goods must be imported, or purchased at an inwards duty free shop, by an adult passenger who is not travelling on the flight or voyage with his or her family.

    Exclusion 9.2:

    Excluding alcoholic beverages and tobacco products.

    Exclusion 9.3:

    Excluding all goods where the total value of all such goods imported by the person (if any) and purchased by the person at an inwards duty free shop (if any) exceeds $900.

    Category: Children (not travelling in a family group) and crew members - general goods not covered by any other category
    Item 10:

    Goods:

    1. not covered by an item of the Table above; and

    2. where the total value of such goods does not exceed $450.

    Condition 10.1:

    The goods must be imported, or purchased at an inwards duty free shop, by a crew member or a passenger who is a child who is not travelling on the flight or voyage with his or her family.

    Exclusion 10.2:

    Excluding alcoholic beverages and tobacco products.

    Exclusion 10.3:

    Excluding all goods where the total value of all such goods imported by the person (if any) and purchased by the person at an inwards duty free shop (if any) exceeds $450.

  10. For item 5 of the table, if:

    1. the total quantity of alcoholic beverages imported by the person (if any) and purchased by the person at an inwards duty free shop (if any) exceeds 2,250 ml; and

    2. the person has not concealed any of the alcoholic beverages from Customs and the person does not wish to take the total quantity of alcoholic beverages into home consumption;

    the following applies:

    1. item 15 applies only to the alcoholic beverages that are imported (if any) and purchased (if any) in one or more containers where the total contents of those containers are equal to or less than 2,250 ml; and

    2. no alcoholic beverages may be removed from or added to any of the containers after the beverages are imported (if any) and purchased (if any), and before they are delivered into home consumption.

  11. 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.

01/03/2013

Goods that are returned to Australia

ItemBy-law No.Description of GoodsStart date/ End date
161244018

Item 16 – Repair goods under an article of a free trade agreement

Goods covered by the Australia-Chile Free Trade Agreement

  1. This by-law may be cited as Customs By-law No. 1244018.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 16 of Schedule 4 to the Customs Tariff Act 1995, Article 3.7 of the Australia-Chile Free Trade Agreement is prescribed.

  4. In this by-law “Australia-Chile Free Trade Agreement” means the Australia-Chile Free Trade Agreement, done at Canberra on 30 July 2008.

  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.

01/03/2013
161244032 Goods covered by the Australia-US Free Trade Agreement
  1. This by-law may be cited as Customs By-law No. 1244032

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 16 of Schedule 4 to the Customs Tariff Act 1995, Article 2.6 of the Australia-US Free Trade Agreement is prescribed.

  4. In this by-law “Australia-US Free Trade Agreement” means the Australia-US Free Trade Agreement, done at Washington DC on 18 May 2004.

  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.

01/03/2013
161540737 Goods covered by the Korea-Australia Free Trade Agreement
  1. This by-law may be cited as Customs By-Law No. 1540737.

  2. This by-law shall take effect on and from 1 January 2016.

  3. For the purposes of item 16 of Schedule 4 to the Customs Tariff Act 1995, Article 2.4 of the Korea-Australia Free Trade Agreement is prescribed.

  4. In this by-law “Korea-Australia Free Trade Agreement” means the Korea-Australia Free Trade Agreement, done at Seoul, South Korea on 8 April 2014, as in force from the day this instrument is signed.

  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.

01/01/16
171300536

Item 17 – Goods exported and returned to Australia in an unaltered condition

Goods returned from Antarctica

  1. This by-law may be cited as Customs By-law No. 1300536.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 17 of Schedule 4 to the Customs Tariff Act 1995, goods that have been exported from Australia on a temporary basis to the Australian Antarctic Territory, including Heard and McDonald islands, are prescribed.

  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.

01/03/2013
170176871 Goods exported from Australia and returned in an unaltered condition
  1. This by-law may be cited as Customs By-law No. 0176871.

  2. This by-law shall take effect on and from 1 July 2013.

  3. For the purposes of item 17 of Schedule 4 to the Customs Tariff Act 1995, goods that:

    1. are produced in Australia; or

    2. duties of the Commonwealth were paid when first imported into Australia;

    that have been exported from Australia and returned in an unaltered condition, being goods that have not been subject to treatment, repair, renovation, alteration or any other process, are prescribed.

  4. For the purposes of paragraph 3, “repair” does not include repairs undertaken for the preservation or maintenance of the goods.

  5. The application of item 17 to the goods in paragraph 3 does not include goods in respect of which:

    1. that, at a time before they were exported, were excisable goods (within the meaning of the Excise Act 1901) in respect of which excise duty (payable under the Excise Tariff Act 1921) has not been paid;

    2. any duties of the Commonwealth were payable at or prior to the date of exportation but which have not been paid;

    3. a drawback or refund of any duties of the Commonwealth was paid and an amount equal to such drawback or refund has not been paid to the Commonwealth.

  6. 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.

01/07/13
201305083

Item 20 – Goods exported for repair or renovation

Goods returned after repair or renovation including batch repair process goods

  1. This by-law may be cited as Customs By-law No. 1305083.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 20 of Schedule 4 to the Customs Tariff Act 1995, goods that have either:

    1. been exported from Australia for repair or renovation and returned after repair or renovation; or

    2. are part of a batch repair process to replace goods exported from Australia for repair or renovation,

    are prescribed.

  4. For the purposes of paragraph 3, a “batch repair process” means a system of repairing or renovating goods whereby defective goods are exchanged for identical goods which have already undergone repair or renovation.

  5. The application of item 20 to the goods in paragraph 3 is subject to the following conditions:

    1. the returned goods have not been subject to any process other than that required to effect the repair or renovation;

    2. the returned goods are not new or upgraded versions of the exported goods;

    3. the exported goods have not reached the end of their effective operational life.

  6. For the purposes of paragraph 5(c), goods that have “reached the end of their effective operational life” include goods which are worn out or not otherwise capable of being repaired or renovated.

  7. 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.

01/03/2013

Goods that are to be exported from Australia

ItemBy-law No.Description of GoodsStart date/ End date
211304161

Item 21 – Goods for repair or alteration to be exported

Goods that are made in Australia that are returned for repair or alteration, and are to be re-exported

  1. This by-law may be cited as Customs By-law No. 1304161.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 21 of Schedule 4 to the Customs Tariff Act 1995, goods that are made in Australia that are returned to Australia for repair or alteration, and are to be re-exported, are prescribed.

  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.

01/03/2013
211304168 Goods that are imported for repair or alteration, and are to be re-exported, under security
  1. This by-law may be cited as Customs By-law No. 1304168.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 21 of Schedule 4 to the Customs Tariff Act 1995, goods that are imported to Australia for repair or alteration, and are to be re-exported, are prescribed, 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.

01/03/2013
221244196

Item 22 - Containers used to import goods, being containers that will be exported without being put to any other use

Goods imported in reuseable containers

  1. This by-law may be cited as Customs By-law No. 1244196.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 22 of Schedule 4 to the Customs Tariff Act 1995, the following goods are prescribed:

    1. goods imported on or in containers of a kind described in (b) hereunder; and

    2. reuseable containers - other than containers which, by application of rule 5(b) of the General Rules for the Interpretation of the Harmonized System, are required to be classified with the goods with which they are imported - being containers that will be exported within 12 months of the date they are entered for home consumption, without being put to further use, other than for the transport, storage, display, exhibition or dispensing of the goods with which they are imported, 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.

01/03/2013
221244204 Containers of base metal
  1. This by-law may be cited as Customs By-law No. 1244204.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 22 of Schedule 4 to the Customs Tariff Act 1995, the following goods are prescribed:

    1. compressed or liquefied gas; and

    2. a container designed to be refilled, of a kind classified under heading 7311 of Schedule 3, and similar containers of base metal.

  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.

01/03/2013

Goods that are donations or bequests

ItemBy-law No.Description of GoodsStart date/ End date
231301009 Item 23 - Donations or bequests
Goods donated or bequeathed, for purposes in connection with disaster relief
  1. This by-law may be cited as Customs By-law No. 1301009.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of paragraph (a) of item 23 of Schedule 4 to the Customs Tariff Act 1995, goods donated or bequeathed, for purposes in connection with disaster relief, by a person, company or organisation resident or established outside Australia to an organisation established in Australia are prescribed.

  4. For the purposes of paragraph 3, an “organisation established in Australia” must be an organisation that is:

    1. a registered charity; or

    2. a library, museum, gallery or institution, gifts to which are deductible because it is covered by item 12.1.2, 12.1.3, 12.1.4 or 12.1.5 of the table in subsection 30-100(1) of the Income Tax Assessment Act 1997.

  5. For the purposes of paragraph 3, “disaster” means an event or circumstance that has been declared to be a disaster by, or with the approval of, a Minister of the Commonwealth or a State or Territory under the law of the Commonwealth or a State or Territory.

  6. The application of item 23 to the goods in paragraph 3 is subject to the condition that the goods must not be sold, traded, exchanged, hired out or used for any commercial activities in Australia.

  7. 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.

01/03/2013
231301035 Goods donated or bequeathed to the public or to a public institution
  1. This by-law may be cited as Customs By-law No. 1301035.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of paragraph (b) of item 23 of Schedule 4 to the Customs Tariff Act 1995, goods that have been donated or bequeathed to the public or to a public institution are prescribed.

  4. The application of item 23 to the goods in paragraph 3 does not apply to the following:

    1. goods that serve similar functions to goods which are produced in Australia;

    2. goods that serve similar functions to goods which are capable of being produced in Australia by any person in the normal course of business;

    3. goods for which substitutable goods are produced in Australia in the ordinary course of business.

  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.

01/03/2013

Goods that are trophies, decorations, medallions, certificates or prizes

ItemBy-law No.Description of GoodsStart date/ End date
251301053

Item 25 - Trophies, medallions and prizes

Trophies, decorations, medallions, certificates or prizes

  1. This by-law may be cited as Customs By-law No. 1301053.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of paragraph (a) of item 25 of Schedule 4 to the Customs Tariff Act 1995, trophies won outside Australia in competition, that are appliances or articles of a kind used in an office or the household, are prescribed.

  4. For the purposes of paragraph (b) of item 25 of Schedule 4 to the Customs Tariff Act 1995, decorations, medallions or certificates awarded outside Australia are prescribed.

  5. For the purposes of paragraph (c) of item 25 of Schedule 4 to the Customs Tariff Act 1995, trophies or prizes sent by donors resident abroad for presentation in Australia, or for competitions in Australia organised or sponsored otherwise than in connection with commercial ventures, and are of a kind which are suitable for display on:

    1. walls of dwellings or offices; or

    2. stands or similar mounts; or

    3. the person,

    are prescribed.

  6. Paragraphs 3, 4, and 5 do not include goods which are of an advertising nature.

  7. 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.

01/03/2013

Goods of low value

ItemBy-law No.Description of GoodsStart date/ End date
261305011

Item 26 - Goods of insubstantial value

Goods for which the value does not exceed $1,000.00

  1. This by-law may be cited as Customs By-law No. 1305011.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 26 in Schedule 4 to the Customs Tariff Act 1995, goods (other than goods referred to in paragraph 4) imported into Australia, the customs value of which is less than $1,000.01, are prescribed.

  4. Paragraph 3 does not include:

    1. tobacco, tobacco products or alcoholic beverages;

    2. goods imported by a passenger or a member of the crew of a ship or aircraft arriving in Australia from a place outside Australia; or

    3. goods forming part of a bulk order.

  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.

01/03/2013
271305014

Item 27 - Samples of negligible value

Samples

  1. This by-law may be cited as Customs By-law No. 1305014.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 27 in Schedule 4 to the Customs Tariff Act 1995, samples being:

    1. goods that are:

      1. of such dimensions that they are useless except for purposes of demonstration; or
      2. rendered useless by acceptable forms of mutilation;
    2. accessories or ornaments for clothing that are limited to one of each size and affixed to cards or put up as samples in the manner usual in commercial trade;

    3. non-consumable goods without mutilation where one sample of any one line is imported of a value not exceeding $2 each (or each set);

    4. consumable goods, which are destroyed on eating or drinking, testing or analysis or the like:

      1. of a value not exceeding $2 for each sample, providing each sample is a different product; or
      2. of a value for any one consignment of the same product not exceeding $2;
    5. goods of a kind and in quantities approved by the Collector, for distribution free of charge at an event approved by the Collector in terms of Annex B.1 of the Convention on Temporary Admission (known as the Istanbul Convention); or

    6. goods solely of overseas origin, incorporating or consisting of printed matter, put up as or in sample books designed for soliciting orders for the importation of the goods represented,

    are prescribed.

  4. For the purposes of paragraph 3(e), “goods” does not include goods which, if produced or manufactured in Australia, would be subject to excise duty.

  5. For the purposes of paragraph 3(a)(ii), the following are the acceptable forms of mutilation for the goods listed below:

    1. for china or glass - the chipping of a sliver in a prominent place on each article;

    2. for footwear - complete perforation of the sole to the extent that the footwear is no longer suitable for wear, but still suitable for demonstration purposes;

    3. for paper products - the indelible marking of the word “Specimen” or other suitable words in a prominent place on each article so as to render them unserviceable;

    4. for clothing:

      1. the article to be mutilated by 0.5 cm perforation each 30 cm in a horizontal or vertical direction or, at the importer's option, in a more severe manner by cutting; or

      2. the indelible marking of the word “Sample” or other suitable words in a prominent place on each article so as to make them unserviceable; or

    5. other forms of mutilation that render the goods useless except for use as a sample.

  6. 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.

01/03/2013

Goods for persons with disabilities

ItemBy-law No.Description of GoodsStart date/ End date
281300551

Item 28 - Various aids and appliances for persons with disabilities

Aids and appliances for persons with disabilities

  1. This by-law may be cited as Customs By-law No. 1300551.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 28 of Schedule 4 to the Customs Tariff Act 1995, the following goods are prescribed:

    1. pedestrian safety equipment for the blind, being Braille tiles and Braille road rivets;

    2. reading machines, capable of converting printed matter into the following:

      1. tactile images; or
      2. speech;
    3. reading systems capable of scanning printed matter and reproducing the enlarged text on a screen;

    4. sound reproducers and sound recorders, having a power output rms of less than 2.5 W, using a magnetic tape as the recorded or recording medium, monophonic, DC or AC/DC operated, designed for carrying in the hand or on the person, with colour coded, raised symbol control keys and dual playing speeds.

  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.

01/03/2013
291301116 Goods for persons with disabilities under the Florence Agreement
  1. This by-law may be cited as Customs By-law No. 1301116.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 29 of Schedule 4 to the Customs Tariff Act 1995, goods that are specially designed for the employment or the educational, scientific, social or cultural advancement of persons with disabilities, which are imported directly by an organisation concerned with the welfare, education of, or provision of assistance to persons with disabilities, are prescribed.

  4. For the purposes of paragraph 3 “organisation” means:

    1. an organisation under the Australian Charities and Not-for-profits Commission Act 2012 as an entity listed in column 1 of subsection 25-2(5) of that Act; or

    2. an organisation approved by the Minister for Industry and Innovation, in consultation with the Minister for Health;

    not including any organisation which is carried on for the purposes of profit or gain.

  5. For the purposes of this by-law, goods shall be taken to be specially designed for persons with disabilities if:

    1. the adaptation for the disability causes those goods not to be used or not able to be used by persons without disabilities; or

    2. the cost to convert the goods for use by persons without disabilities would be prohibitive.

  6. 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.

01/03/2013

Goods that are textiles, clothing or footwear

ItemBy-law No.Description of GoodsStart date/ End date
321303567

Item 32 - Textiles, clothing and footwear

Fabric for shoulder or chest padding

  1. This by-law may be cited as Customs By-law No. 1303567.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, fusible interlining fabrics classified under headings 5407, 5408, 5512, 5513, 5514, 5515 or 5516 in Schedule 3 are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the following conditions:

    1. the man-made fibre content of the fabrics must not exceed 50%, by weight, of polypropylene or polyethylene or polypropylene and polyethylene; and

    2. the fabrics must be used as shoulder or chest padding in the manufacture of coats or formal evening wear shirts.

  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.

01/03/2013
321303574 Fabric for the manufacture of balloon canopies, sails etc
  1. This by-law may be cited as Customs By-law No. 1303574.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, fabrics classified under headings 5407, 5408, 5512, 5513, 5514, 5515, 5516 or 5903 in Schedule 3 are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the condition that the fabric is for use in the manufacture or repair of hot-air balloon envelopes, parachute canopies or sails.

  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.

01/03/2013
321303578 Fabric for the manufacture of hemmed or hemstiched table linen
  1. This by-law may be cited as Customs By-law No. 1303578.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, fabrics classified under headings 5407, 5408, 5512, 5513, 5514, 5515 or 5516 in Schedule 3 are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the condition that the fabric is for cutting up for the manufacture of hemmed or hemstitched table linen.

  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.

01/03/2013
321303584 Fabric for the manufacture of ties, handkerchiefs and cummerbunds
  1. This by-law may be cited as Customs By-law No. 1303584.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, fabrics classified under headings 5407, 5408, 5512, 5513, 5514, 5515 or 5516 in Schedule 3 are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the following conditions:

    1. the fabric must contain less than 20% by weight of wool;

    2. the fabric must be:

      1. multi-coloured woven;
      2. printed; or
      3. imported in widths not exceeding 76 cm; and
    3. the fabric must be used in the manufacture of:

      1. cummerbunds;
      2. neck ties; or
      3. sets consisting of a neck tie and a decorative pocket handkerchief made from the same fabric.
  5. For the purposes of paragraph 4, the following fabrics are not printed:

    1. fabrics printed with dyes, pigments or colours that are not fast to light or laundering;

    2. fabrics bearing designs of a utility nature, that is, not of an ornamental or decorative nature;

    3. fabrics printed to such a small degree or at such infrequent intervals that, having regard to the remaining area of the fabric, the printing is nominal.

  6. For the purposes of paragraph 4, “used” does not include use as an interlining.

  7. 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.

01/03/2013
321303592 Fabric for the manufacture of ties, handkerchiefs etc
  1. This by-law may be cited as Customs By-law No. 1303592.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, fabrics classified under headings 5903 or 5907 in Schedule 3 are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the condition that the fabric is specially prepared or coated for use in the manufacture of emery cloth.

  5. For the purposes of paragraph 4, emery cloth means fabric coated with any of the following abrasive substances, in powder or granular form:

    1. aluminium oxide;
    2. garnet;
    3. natural emery; or
    4. silicon carbide.
  6. 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.

01/03/2013
321303598 Fabric for impregnating, coating, covering or laminating with plastics
  1. This by-law may be cited as Customs By-law No. 1303598.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, fabrics classified under headings 5007, 5208, 5210, 5212, 5407, 5408, 5512, 5513, 5515 or 5516 in Schedule 3 are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the following conditions:

    1. the fabrics must weigh less than 125 grams per square metre;

    2. the fabrics must be imported for the purpose of impregnating, coating, covering or laminating with plastics with a permanent plastic addition of 30 grams per square metre or more by the person who entered the goods for home consumption; and

    3. as coated fabric, the fabric must be:

      1. sold in that form; or
      2. made up into finished products, other than curtains, by the importer.
  5. For the purposes of paragraph 4, “coated fabric” means fabric that has been impregnated, coated, covered or laminated with a permanent plastic addition of 30 grams per square metre or more.

  6. For the purposes of paragraph 4, “plastics” means plastics as defined in Note 1 to Chapter 39 in Schedule 3 to the Customs Tariff Act 1995.

  7. The weight specified in paragraph 4 may have a tolerance of plus or minus 1 per cent when measured in accordance with Australian Standard AS 2001.2.13.

  8. 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.

01/03/2013
321303602 Fabric for impregnating, coating, covering or laminating with plastics
  1. This by-law may be cited as Customs By-law No. 1303602.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, fabrics classified under headings 5210, 5211 or subheading 5212.2 in Schedule 3 to the Customs Tariff Act 1995 are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the following conditions:

    1. the value of the fabric must not exceed $2.67 per square metre;

    2. the weight of the fabric must not exceed 510grams per square metre; and

    3. the fabric must be for use in the manufacture of surgical or adhesive plaster.

  5. Item 32 does not apply to the goods in paragraph 3 if:

    1. the fabric weighs 203 grams per square metre or more, they are of Jacquard, dobby, sateen or like weaves; or

    2. the fabric weighs 305 grams per square metre or more, they are of fancy weaves or are woven from fancy yarns; or

    3. if the fabric is classified under heading 5210, the fabric weighs 120 grams per square metre or more.

  6. The weights specified in paragraphs 3 and 4 may have a tolerance of plus or minus 1 per cent when measured in accordance with Australian Standards AS 2001.2.13.

  7. 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.

01/03/2013
321303608 Handkerchiefs in packs containing 60 or more handkerchiefs
  1. This by-law may be cited as Customs By-law No. 1303608.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, handkerchiefs classified under heading 6213 in Schedule 3 are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the following conditions:

    1. the handkerchiefs are imported in packs containing 60 or more handkerchiefs of one design and/or colour; and

    2. the handkerchiefs are not put up for retail sale.

  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.

01/03/2013
321303612 Fabric for the manufacture of corsets etc
  1. This by-law may be cited as Customs By-law No. 1303612.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, fabrics classified under headings 5407, 5408, 5512, 5513, 5514, 5515 or 5516 in Schedule 3 are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the condition that the fabric is used in the manufacture of any of the following:

    1. brassieres;
    2. corsets;
    3. torsolettes;
    4. corselettes; or
    5. pantie girdles.
  5. For the purposes of paragraph 3, “fabric” does not include elastomeric fabrics weighing 510 grams per square metre or less.

  6. The weight specified in paragraph 5 may have a tolerance of plus or minus 1 per cent when measured in accordance with Australian Standard AS 2001.2.13.

  7. 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.

01/03/2013
321303616 Synthetic fur fabric classified under subheading 6001.10.00
  1. This by-law may be cited as Customs By-law No. 1303616.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, synthetic fur fabric classified under subheading 6001.10.00 in Schedule 3 is prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the conditions that the fabric must:

    1. weigh 700 grams per square metre or more; and

    2. be used in the manufacture of plush toys.

  5. The weight specified in paragraph 4 may have a tolerance of plus or minus 1 per cent when measured in accordance with Australian Standard AS 2001.2.13.

  6. 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.

01/03/2013
321303621 Fabrics for the manufacture of surgical or adhesive plaster
  1. This by-law may be cited as Customs By-law No. 1303621.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, fabrics classified under headings 5407 or 5408 in Schedule 3 are prescribed.

  4. For the purposes of paragraph 3, “fabrics” do not include elastomeric fabrics weighing 510 grams per square metre or less.

  5. The application of item 32 to the goods in paragraph 3 is subject to the condition that the fabric is for use in the manufacture of surgical or adhesive plaster.

  6. The weight specified in paragraph 4 may have a tolerance of plus or minus 1 per cent when measured in accordance with Australian Standard AS 2001.2.13.

  7. 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.

01/03/2013
321303625 Fabrics for shoulder or chest padding
  1. This by-law may be cited as Customs By-law No. 1303625.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, fusible interlining fabrics classified under headings 5210, 5211, 5212, 5903, 6002, 6003, 6004, 6005 or 6006 in Schedule 3 are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the condition that the fabric must be used as shoulder or chest padding in the manufacture of coats or formal evening wear shirts.

  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.

01/03/2013
321303862 Certain fabrics of 5007, 5111, 5112, 5208, 5210, 5212, 5407, 5408, 5512, 5513, 5515 or 5516
  1. This by-law may be cited as Customs By-law No. 1303862.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, fabrics classified under headings 5007, 5111, 5112, 5208, 5210, 5212, 5407, 5408, 5512, 5513, 5515 or 5516 in Schedule 3 to the Customs Tariff Act 1995 are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the conditions that the fabric must:

    1. weigh less than 125 grams per square metre; and

    2. be for use in one of the following circumstances:

      1. in a clothing factory in the manufacture of any of the following:

        1. goods which, if imported, would be classified in Chapter 62 in Schedule 3;

        2. bias binding;

        3. piping;

      2. in the manufacture of headwear which, if imported, would be classified under subheading 6505.00.90 in Schedule 3; or

      3. for any purpose other than a manufacturing process provided the fabric has a width of less than 115 centimetres.

  5. For the purposes of paragraph 4, “fabric” does not include woven fabrics for use in the manufacture of linings or pocketings, whether or not incorporated in apparel.

  6. For the purposes of subparagraph 4(B)(iii), “fabric” does not include fabric that has a value less than $1.50 per square metre and that contains filament yarn.

  7. The weight specified in paragraph 4 may have a tolerance of plus or minus 1 per cent when measured in accordance with Australian Standard AS 2001.2.13.

  8. 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.

01/03/2013
321303865 Certain fabrics of 5208, 5210 or 5212.1
  1. This by-law may be cited as Customs By-law No. 1303865.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, fabrics classified under headings 5208, 5210 or subheading 5212.1 in Schedule 3 are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the following conditions that the fabric:

    1. contains less than 20% by weight of man-made fibres;

    2. contains less than 20% by weight of wool; and

    3. is not used in the making up of bed linen.

  5. For the purposes of paragraph 4, “bed linen” includes bed sheeting, pillow cases, bolster cases, continental quilt covers and bed ruffles.

  6. For the purposes of paragraph 5, “pillow cases” does not include permanent containers of a kind used solely or principally as pillows only after filling with feathers, kapok, plastic foam or like stuffing materials.

  7. 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.

01/03/2013
321303866 Certain fabrics of 5208, 5210 or 5212.1
  1. This by-law may be cited as Customs By-law No. 1303866.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, fabrics, classified under headings 5208, 5210 or subheading 5212.2 in Schedule are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the condition that the fabrics:

    1. contain less than 20% by weight of man-made fibres;

    2. contain less than 20% by weight of wool;

    3. have a raised nap on one or both sides; and

    4. when tested on an Instron Tensile Testing Machine or similar apparatus, the fabrics must have:

      1. a thickness of 0.60 mm or more when measured at a compression of 5 grams per square centimetre; and

      2. a thickness, when measured at a compression of 50 grams per square centimetre, of at least 0.15 mm less than the thickness when measured at a compression of 5 grams per square centimetre.

  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.

01/03/2013
321303867 Polyamide fabrics coated, covered with plastics
  1. This by-law may be cited as Customs By-law No. 1303867.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, polyamide fabrics coated, covered, impregnated or laminated with artificial plastic materials are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the condition that the fabric must be used in the manufacture of:

    1. rainwear;

    2. parkas; or

    3. ski-jackets.

  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.

01/03/2013
321303868 Fabric for use as fusing lining
  1. This by-law may be cited as Customs By-law No. 1303868.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, fabrics classified under heading 5903 in Schedule 3 are prescribed.

  4. The application of item 32 to the goods in paragraph 3 is subject to the condition that the fabric must be for use as fusing lining in the manufacture of collars or cuffs for shirts or blouses.

  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.

01/03/2013
321303869 Tufted carpets and other textile floor coverings
  1. This by-law may be cited as Customs By-law No. 1303869.
  2. This by-law shall take effect on and from 1 March 2013.
  3. For the purposes of item 32 of Schedule 4 to the Customs Tariff Act 1995, tufted carpets and other textile floor coverings classified under heading 5703 in Schedule 3 are prescribed.
  4. The application of item 32 to the goods in paragraph 3 is subject to the condition that the carpets and other textile floor coverings must be made by non-powered tufting machines held in the hand.
  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.
01/03/2013

Goods relating to transport

ItemBy-law No.Description of GoodsStart date/ End date
351305755

Item 35 - Vessel parts and materials

Parts and materials for vessels exceeding 150 gross construction tons

  1. This by-law may be cited as Customs By-law No. 1305755.

  2. This by-law shall take effect on and from 1 March 2013.

  3. Item 35 prescribes parts of vessels, or materials, for use in the construction, modification, or repair of vessels exceeding 150 gross construction tons.

  4. For the purposes of item 35 of Schedule 4 to the Customs Tariff Act 1995, the gross construction tonnage of a vessel shall be calculated using the formula:

    Z/2.83

    Where Z is a number equal to the number of cubic metres in the total volume, measured in relation to the moulded lines of the enclosed spaces in the vessel, including between-deck spaces, water ballast spaces, voids, cofferdams, machinery spaces, erections, superstructures, houses, casings, funnel spaces, mast spaces and, in the case of an aircushion vehicle, the area enclosed by the inflatable skirt under normal inflation.

  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.

01/03/2013
371305091

Item 37 - Used or second-hand passenger motor vehicles

Used or second-hand passenger motor vehicles approved under section 17A of the Motor Vehicle Standards Act 1989

  1. This by-law may be cited as Customs By-law No. 1305091.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 37 of Schedule 4 to the Customs Tariff Act 1995, used or second-hand passenger motor vehicles classified under heading 8703 of Schedule 3 are prescribed.

  4. The application of item 37 to the goods in paragraph 3 is subject to the condition that an approval under section 17A of the Motor Vehicle Standards Act 1989 is given:

    1. to the importer by the Minister administering the Motor Vehicle Standards Act 1989; or

    2. to the importer by an officer of the Department authorised in writing by the Minister to give approvals under that section.

  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.

01/03/2013
371306509

Used or second-hand passenger motor vehicles approved under section 20(1)(b) of the Motor Vehicle Standards Act 1989              

  1. This by-law may be cited as Customs By-law No. 1306509.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 37 of Schedule 4 to the Customs Tariff Act 1995, used or second-hand passenger motor vehicles classified under heading 8703 of Schedule 3 are prescribed.

  4. The application of item 37 to the goods in paragraph 3 is subject to the condition that the importation must be approved, in writing, by the Minister administering the Motor Vehicle Standards Act 1989 in accordance with the circumstances prescribed under section 20(1)(b) of the Motor Vehicle Standards Act 1989.

  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.

3/01/2013
381700051

Item 38 - Original equipment for the manufacture of vehicles over 3.5 tonnes

Vehicle components for use as original equipment in the manufacture of certain vehicles over 3.5 tonnes g.v.w.

  1. This by-law may be cited as Customs By-law No. 1300584.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 38 of Schedule 4 to the Customs Tariff Act 1995 the following goods, subject to paragraphs 4, 5 and 6, are prescribed.

    1. vehicle components for use as original equipment in the manufacture or assembly of the cab/chassis or drivable chassis of a motor vehicle having a g.v.w. exceeding 3.5 tonnes which, if imported, would be classified under a heading or subheading of Schedule 3 specified in Table 1 below:

      TABLE 1

      8701.20.008703.31.208703.60.20(a)8704.22.00
      87028703.32.208703.70.208704.23.00
      8703.22.208703.33.208703.80.208704.31.10
      8703.23.208703.40.20(a) 8703.90.20     8704.32.00
      ​703.24.208703.50.20      ​8704.21.10

      (a) except for vehicles of a cylinder capacity not exceeding 1 000 cm3

      UNDER SECURITY;

      OR

    2. vehicle components for use as original equipment in the assembly of a motor vehicle, having a g.v.w. exceeding 3.5 tonnes but less than 4 tonnes, which, if imported, would be classified under a heading or subheading of Schedule 3 specified in Table 2 below:

      TABLE 2

      87028703.31.208703.50.20      8703.90.20
      8703.22.208703.32.208703.60.20(a)8704.21.10
      8703.23.208703.33.20       8703.70.208704.31.10
      8703.24.20​8703.40.20(a)​8703.80.20

      (a) except for vehicles of a cylinder capacity not exceeding 1 000 cm3

      UNDER SECURITY.

  4. For the purposes of this by-law, “use” includes used up, (e.g. damaged or destroyed) provided that the Collector is satisfied that the particular goods would not be suitable for use as motor vehicle components.

  5. This by-law does not apply to the following:

    1. sub-assemblies incorporating a combination of more than one of the following:

      1. cabs;
      2. chassis frames;
      3. clutches;
      4. engines;
      5. gearboxes;
      6. propeller shaft assemblies;
      7. radiators; or
      8. suspension systems; or
    2. goods, as follows:

      1. cabs other than bare cabs; or
      2. chassis frames fitted with any attachment or component other than mounting brackets or towing hooks; or
    3. goods, as follows:

      1. accumulators (batteries) or parts therefor;
      2. air-brake equipment or parts therefor;
      3. brake drums (other than transmission brake drums) or parts therefor;
      4. cab seats or parts therefor;
      5. hubs (other than geared hubs) or parts therefor;
      6. propeller shaft assemblies or parts therefor;
      7. radiators or parts therefor;
      8. radiator hoses;
      9. radiator flexible mountings;
      10. radios or magnetic sound reproducers whether combined or not, or parts therefor;
      11. steering gearboxes or parts therefor;
      12. suspension components or parts therefor;
      13. tapered roller bearings;
      14. tubes (inner);
      15. tyres;
      16. valves for tubeless tyres; or
      17. wheels or parts there for.
  6. For the purposes of this by-law:

    1. “air-brake equipment” means equipment clearly identified as being directly concerned with the braking function and includes foot brake valves, air valves, air tanks, brake chambers, airlines and fittings but does not include engine integrated air compressors, warning devices, axle incorporated components being brake drums, shoes or linings, slack adjusters, cam shafts or brake foundations, or airline and fittings clearly identified as components for use with peripheral air operated activities such as door closure;

    2. “brake drums” includes brake drums machined or unmachined;

    3. “bare cabs” means cabs not painted further than prime coated and not fitted or trimmed with any componentry (for example, seats, instruments, window glass or rubber trim) other than mounting brackets;

    4. “cab seats” includes all seats in crew cab or dual cab vehicles and the driver's seat in buses;

    5. “clutches” means transmission clutches (i.e. main driveline equipment);

    6. “gearboxes” means transmission gearboxes (i.e. main driveline equipment);

    7. “propeller shaft assemblies” means main driveline equipment;

    8. “engine” does not include goods incorporating any transmission equipment (i.e. main driveline equipment);

    9. “radiators” means a sub-assembly comprising water tanks with inlet and outlet manifolds, radiator core and integral frame;

    10. “suspension components” means components identified as being concerned with the suspension function being spring hangers, spring saddles, equaliser beams, walking beams, shock absorbers or mounting brackets other than chassis mounting brackets;

    11. “g.v.w.” (gross vehicle weight) is the road weight specified by the manufacturer as being the maximum design weight capacity of the vehicle. This weight is the combined weight of the vehicle, the maximum specified load, the driver and a tank full of fuel.

  7. 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.

01/01/2017
391301117

Item 39 - Motor vehicle testing equipment

Vehicles and components for use in testing etc. of motor vehicles manufactured or designed under the Automotive Transformation Scheme

  1. This by-law may be cited as Customs By-law No. 1301117.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 39 of Schedule 4 to the Customs Tariff Act 1995, vehicles and components for use in the testing, quality control, manufacturing evaluation or engineering development of:

    1. motor vehicles manufactured by motor vehicle producers registered under the Automotive Transformation Scheme (within the meaning of the Automotive Transformation Scheme Act 2009) or original equipment components for inclusion in such motor vehicles; or

    2. motor vehicles designed or engineered, or in the process of being designed or engineered, in Australia by motor vehicle producers registered under the Automotive Transformation Scheme (within the meaning of the Automotive Transformation Scheme Act 2009) or components for inclusion in such motor vehicles,

    are prescribed.

  4. The application of item 39 to the goods in paragraph 3 is subject to the following conditions:

    1. the importer gives a security to the Collector; and

    2. within a period of twelve months from the date of entry for home consumption, or within such further period as the Collector may in writing allow, the goods are re-exported, destroyed or disposed of in a manner approved in writing by the Collector.

  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.

01/03/2013

Goods that are robots or prototypes

ItemBy-law No.Description of GoodsStart date/ End date
421305752

Item 42 - Robots

Robots as defined in subparagraph 2.9 of International Standard ISO 8373:2012               

  1. This by-law may be cited as Customs By-law No. 1305752.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 42 to the Customs Tariff Act 1995 industrial robots, being goods defined in subparagraph 2.9 of International Standard ISO 8373:2012, are prescribed.

  4. For the purposes of item 42 the goods in paragraph 3 do not include the following:

    1. industrial robot systems;

    2. industrial robot lines;

    3. industrial robot cells.

  5. For the purposes of this by-law “industrial robot systems”, “industrial robot lines” and “industrial robot cells” are defined in International Standard ISO 8373:2012.

  6. 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.

01/03/2013

Goods relating to manufacturing

ItemBy-law No.Description of GoodsStart date/ End date
451301120

Item 45 - Split consignment goods

Split consignment goods

  1. This by-law may be cited as Customs By-law No. 1301120.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 45 of Schedule 4 to the Customs Tariff Act 1995, goods being original components of a completed machine or equipment to which a single tariff classification applies, are prescribed.

  4. The application of item 45 is subject to the following conditions:

    1. the goods were despatched to Australia as a single consignment but due to accidental circumstances were separated for shipment;

    2. the goods are of such a size, shape or weight that transport necessities demand separate shipment; or

    3. the nature of the goods is such that transport necessities demand separate modes of shipment for some components.

  5. Paragraph 3 does not apply to the following goods:

    1. replacement parts, components or spares used in modernising or refurbishing existing machinery or equipment;

    2. initial spare parts, maintenance tools and the like that may be supplied as part of an original shipment.

  6. 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.

01/03/2013
481303871

Item 48 - Other inputs to manufacture including chemicals, plastics and paper

Isopropyl myristate of subheading 2915.90.00

  1. This by-law may be cited as Customs By-law No. 1303871.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 48 of Schedule 4 to the Customs Tariff Act 1995, isopropyl myristate, classified under subheading 2915.90.00 in Schedule 3 to the Customs Tariff Act 1995 is prescribed.

  4. The application of item 48 to the goods in paragraph 3 is subject to the condition that the goods are for use in the formulation of cosmetics, UNDER SECURITY.

  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.

01/03/2013
481303873 Gelatin of subheading 3503.00.10
  1. This by-law may be cited as Customs By-law No. 1303873.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 48 of Schedule 4 to the Customs Tariff Act 1995, gelatin, classified under subheading 3503.00.10 in Schedule 3 to the Customs Tariff Act 1995 is prescribed.

  4. The application of item 48 to the goods in paragraph 3 is subject to the condition that the goods are for use in the manufacture of capsules, UNDER SECURITY.

  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.

01/03/2013
481303874 Uncompounded polyamides and polyesters
  1. This by-law may be cited as Customs By-law No. 1303874.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 48 of Schedule 4 to the Customs Tariff Act 1995, uncompounded polyamides and polyesters classified under subheadings 3907.6, 3907.70.00, 3907.9 or heading 3908 in Schedule 3 to the Customs Tariff Act 1995 are prescribed.

  4. The application of item 48 to the goods in paragraph 3 is subject to the condition that the goods are for use in the manufacture of fibres or yarns, UNDER SECURITY.

  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.

01/01/2017
481303876 Coated paper and paperboard of headings 4810 or 4811 for magazines
  1. This by-law may be cited as Customs By-law No. 1303876.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 48 of Schedule 4 to the Customs Tariff Act 1995, coated paper and coated paperboard classified under headings 4810 or 4811 in Schedule 3 to the Customs Tariff Act 1995 are prescribed.

  4. The application of item 48 to the goods in paragraph 3 is subject to the condition that the goods are for use in the production of magazines which, if imported, would be classified under subheading 4902.90.00 in Schedule 3 to the Customs Tariff Act 1995, UNDER SECURITY.

  5. For the purposes of paragraph 4, the term “magazines”:

    1. means one issue in a continuous series under the same title published at regular intervals but at least half yearly; and

    2. does not include any of the following:

      1. comics;
      2. newspapers;
      3. staff journals;
      4. magazines issued primarily for publicity or promotional purposes;
      5. Federal, State or Territorial Government magazines; or
      6. inserts for the publications listed at paragraphs (i) to (v) above.
  6. 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.

01/03/2013
481303877 Coated paper of headings 4810 or 4811 for newspapers etc
  1. This by-law may be cited as Customs By-law No. 1303877.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 48 of Schedule 4 to the Customs Tariff Act 1995, coated paper classified under headings 4810 or 4811 in Schedule 3 to the Customs Tariff Act 1995 is prescribed.

  4. The application of item 48 to the goods in paragraph 3 is subject to the following conditions, that the goods:

    1. have a weight not exceeding 67 grams per square metre;

    2. contain more than 55% mechanical pulp; and

    3. are for use in the production of newspapers, periodicals, posters and other printed matter of a kind which, if imported, would be classified in Chapter 49 in Schedule 3 of the Customs Tariff Act 1995

    UNDER SECURITY.

  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.

01/03/2013
481303878 Paper of headings 4801 or 4802 for the production of newspapers etc
  1. This by-law may be cited as Customs By-law No. 1303878.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 48 of Schedule 4 of the Customs Tariff Act 1995, paper classified under headings 4801 or 4802 of Schedule 3 of the Customs Tariff Act 1995, is prescribed.

  4. The application of item 48 to the goods in paragraph 3 is subject to the condition that the paper is for use in the production of newspapers, periodicals, posters and other printed matter of a kind that, if imported, would be classified within Chapter 49 in Schedule 3 to the Customs Tariff Act 1995, under security.

  5. In addition to the conditions specified in paragraph 4, the paper must:

    1. contain more than 55% mechanical pulp and weigh less than 34 grams per square metre;

    2. contain more than 55% mechanical pulp, weigh less than 48 grams per square metre but more than 40 grams per square metre and have a water absorbency when tested by the one min Cobb method of not less than 45 grams per square metre;

    3. contain more than 25% mechanical pulp, contain no bleached chemical pulp and have a weight not exceeding 205 grams per square metre; or

    4. contain not less than 70% mechanical pulp, have a weight not exceeding 205 grams per square metre and a water absorbency when tested by the one min Cobb method of not less than 45 grams per square metre.

  6. However, the specifications in paragraphs from 5(a) to 5(d) of this by-law do not apply to paper that has more than 55% mechanical pulp and has a weight in the range of 34 grams per square metre to 40 grams per square metre.

  7. 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.

01/03/2013
481325719 Paper and paperboard of 4810 or 4811 for manufacture of cigarette packaging
  1. This by-law may be cited as Customs By-law No. 1325719.

  2. This by-law shall take effect on 29 August 2013.

  3. For the purposes of item 48 of Schedule 4 of the Customs Tariff Act 1995, paper and paperboard classified under headings 4810 or 4811 of Schedule 3 of the Customs Tariff Act 1995 for use in the manufacture of flip-top cigarette packaging are prescribed, 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.

29/8/2013
491301124

Item 49 - Aluminium sheet for use in the manufacture of cans

Aluminium sheet of subheadings 7606.12.00 or 7606.92.00 for use in the manufacture of aluminium cans

  1. This by-law may be cited as Customs By-law No. 1301124.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 49 of Schedule 4 to the Customs Tariff Act 1995, aluminium sheet that is classified in subheadings 7606.12.00 or 7606.92.00 of Schedule 3 and used in the manufacture of aluminium cans, as follows, is prescribed:

    1. aluminium sheet, for use as bodystock, having all of the following features:

      1. in coils;
      2. gauge exceeding 0.26 mm but not exceeding 0.28 mm;
      3. alloy composition of 3004 or 3104 as per International Alloy Designation System;
      4. temper of H19 as per Australian Standard AS 2848.1;
      5. coated with oil;
    2. aluminium sheet, for use as endstock, having all of the following features:

      1. in coils;
      2. gauge exceeding 0.23 mm but not exceeding 0.25 mm;
      3. alloy composition of 5182 as per International Alloy Designation System;
      4. temper of H19 or H48 as per Australian Standard AS 2848.1;
      5. polymer coated; or
    3. aluminium sheet, for use as tabstock, having all of the following features:

      1. in coils;
      2. gauge exceeding 0.22 mm but not exceeding 0.32 mm;
      3. alloy composition of 5082 or 5182 as per International Alloy Designation System;
      4. temper of H19, H39, H391 or H48 as per Australian Standard AS 2848.1.
  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.

01/03/2013

Goods exempt from the Product Stewardship Oil Levy

ItemBy-law No.Description of GoodsStart date/ End date
521301128

Item 52 - Mineral and aromatic process oils that are exempt from the Product Stewardship Oil Levy

Aromatic process oils of heading 2710

  1. This by-law may be cited as Customs By-law No. 1301128.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 52 of Schedule 4 to the Customs Tariff Act 1995, aromatic process oils, classified under subheadings 2710.19.91, 2710.91.91 or 2710.99.91 of Schedule 3, are prescribed.

  4. The application of item 52 to the goods in paragraph 3 is subject to the condition that the goods meet all of the criteria in the Table below.

    TABLE

    PropertyTest MethodValue
    Density at 15 degrees CelsiusASTM D1298 or D45020.9 grams per cubic centimetre minimum
    Aniline pointASTM D61170 degrees Celsius maximum
    Refractive index at 20 degrees CelsiusASTM D1298 or D17471.490 minimum
    Pour pointASTM D97-9 degrees Celsius minimum
    Viscosity indexASTM D227080 maximum
  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.

3/01/2013
521301131 Food grade white mineral oil of subheading 2710.19.91
  1. This by-law may be cited as Customs By-law No. 1301131.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 52 of Schedule 4 to the Customs Tariff Act 1995, food grade white mineral oil, classified under subheading 2710.19.91 of Schedule 3 is prescribed.

  4. The application of item 52 to the goods in paragraph 3 is subject to the following conditions:

    1. compliance with Sec. 21 CFR 172.878 of Title 21, Volume 1 of the United States Code of Federal Regulations (regulations made by the Food and Drug Administration of the United States); and

    2. compliance with Sec. 21 CFR 178.3620(a) of Title 21, Volume 1 of the United States Code of Federal Regulations (regulations made by the Food and Drug Administration of the United States).

  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.

01/03/2013
531301133

Item 53 - Polyglycol brake fluids of heading 3819.00.00 that are exempt from the Product Stewardship Oil Levy

Polyglycol brake fluids classified under heading 3819.00.00

  1. This by-law may be cited as Customs By-law No. 1301133.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 53 of Schedule 4 to the Customs Tariff Act 1995, polyglycol brake fluids classified under heading 3819.00.00 of Schedule 3 that meet the requirements of Australian Standard AS 1960.1-2005 Motor vehicle brake fluids - Non-petroleum type, are prescribed.

  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.

01/03/2013

Miscellaneous goods

ItemBy-law No.Description of GoodsStart date/ End date
541303352

Item 54 - Handicrafts

Handicrafts

  1. This by-law may be cited as Customs By-law No. 1303352.

  2. This by-law shall take effect on and from 1 March 2013.

  3. For the purposes of item 54 of Schedule 4 to the Customs Tariff Act 1995, the following handicrafts are prescribed, subject to the conditions set out in paragraphs 4, 5 and 6:

    1. imitation jewellery, classified to heading 7117 of Schedule 3, being beads made up as necklaces, bracelets, or anklets;

    2. imitation jewellery, classified to heading 7117 of Schedule 3, made up from naturally occurring products or materials, with or without metal fittings;

    3. furniture and parts therefor, classified to heading 9401 or 9403 of Schedule 3 in which the artistic or decorative character is achieved by inlaid work or by carved designs carried out by hand; and

    4. handicrafts not covered in paragraphs 3(a), (b) and (c) other than clothing, footwear, fabrics, yarn, articles made up from fabric and yarn, and jewellery classified to heading 7113, 7115 or 7116.

  4. For the purposes of paragraph 3, the Collector must be satisfied the goods are made by one or more of the following processes of production:

    1. by hand;

    2. by non-mechanical, non-powered tools held in the hand;

    3. produced on hand or foot-powered machines.

  5. For the purposes of paragraph 3, the goods must be wholly or in chief part by weight of materials traditionally used in the production of handicrafts.

  6. For the purposes of paragraph 3, the goods must have an artistic or decorative character generally comparable with traditional handicrafts of the country in which the goods were made.

  7. For the purposes of item 54 of Schedule 4 to the Customs Tariff Act 1995, fabrics containing not less than 90% by weight of natural fibres are prescribed.

  8. For the purposes of paragraph 7, the Collector must be satisfied the goods are made by one or more of the following processes of production:

    1. by hand;

    2. by non-mechanical, non-powered tools held in the hand;

    3. produced by hand or foot-powered looms.

  9. For the purposes of item 54 of Schedule 4 to the Customs Tariff Act 1995, textile fabric that is printed or dyed according to one of the following methods is prescribed:

    1. the traditional batik method;

    2. the traditional tie and dye method;

    3. the traditional hand block printing method;

    4. the traditional kalamkari printing method; or

    5. any other method of printing or dyeing that the Collector is satisfied is a traditional method in the country of origin.

  10. For the purposes of item 54 of Schedule 4 to the Customs Tariff Act 1995, the following goods are prescribed:

    1. goods containing not less than 90% by weight of natural fibres, made up from fabric or yarn, that are hand crocheted, hand knitted, hand netted or hand woven;

    2. goods made from the fabrics specified in paragraph 9;

    3. garments printed or dyed by one of the methods specified in paragraph 9, after being made up.

  11. For the purposes of paragraph 10, the Collector must be satisfied the goods are made up by one or more of the following processes of production:

    1. by hand;

    2. by non-mechanical, non-powered tools held in the hand.

  12. For the purposes of item 54 of Schedule 4 to the Customs Tariff Act 1995, the following goods are prescribed:

    1. footwear, the produce or manufacture of a Developing Country, classified under subheading 6403.59.00 in Schedule 3, having:

      1. outer soles of leather;

      2. leather heels of a depth not exceeding 20 mm;

      3. leather uppers without quarters; and

      4. a vamp comprising two or more separate straps.

  13. For the purposes of paragraph 12, “footwear” does not include footwear which incorporates wedges or platforms.

  14. For the purposes of paragraph 12, the Collector must be satisfied the goods are made up by one or more of the following processes of production:

    1. by hand;

    2. by non-mechanical, non-powered tools held in the hand; or

    3. by hand or foot-powered machines.

  15. For the purposes of the operation of paragraphs 7, 9, 10, and 12, materials or components of a minor nature that are incorporated in the goods and are essential to the assembly or normal operation of the goods, are prescribed.

  16. This by-law does not apply to:

    1. curtains classified under heading 6303 in Schedule 3; and

    2. all towels, towelling and towelling products.

  17. 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.

01/03/2013

FootnoteV.1


 Operative 1/1/17

Customs By-laws amended to implement the Customs Tariff Amendment (2017 Harmonized System Changes) Act 2016.

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