Customs By-law No. 1300584

Link to law: https://www.comlaw.gov.au/Details/F2013L00348

CUSTOMS ACT 1901
 
CUSTOMS TARIFF ACT 1995
 
SCHEDULE 4
 
BY-LAW No. 1300584
 
 
I, Geoff Johannes, delegate of the Chief Executive Officer, for the purposes of section 271 of the Customs Act 1901, make the by-law set out in the Schedule below.
 
In the by-law set out in the Schedule below, “security” means security required from the importer to the satisfaction of the Collector under section 42 of the Customs Act 1901.
 
THE SCHEDULE
 
               Item 38
Schedule 4
 
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.
 
(a)     vehicle components for use as original equipment in the manufacture or assembly of the cab/chassis or drivable chassis of a particular 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
 
8701.20.00
8703.24.20
8703.90.20
8704.23.00

8702
8703.31.20
8704.21.10
8704.31.10

8703.22.20
8703.32.20
8704.22.00
8704.32.00

8703.23.20
8703.33.20
 
 

 
UNDER SECURITY;
 
OR
 
(b)     vehicle components for use as original equipment in the assembly of a particular 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
 
8702
8703.24.20
8703.33.20
8704.21.10

8703.22.20
8703.31.20
8703.90.20
8704.31.10

8703.23.20
8703.32.20
 
 

 
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:
 
(a)     sub-assemblies incorporating a combination of more than one of the following:
 
(i)      cabs;
(ii)     chassis frames;
(iii)    clutches;
(iv)    engines;
(v)     gearboxes;
(vi)    propeller shaft assemblies;
(vii)   radiators; or
(viii)  suspension systems; or
 
(b)     goods, as follows:
 
(i)      cabs other than bare cabs; or
(ii)     chassis frames fitted with any attachment or component other than mounting brackets or towing hooks; or
 
(c)     goods, as follows:
 
(i)      accumulators (batteries) or parts therefor;
(ii)     air-brake equipment or parts therefor;
(iii)    brake drums (other than transmission brake drums) or parts therefor;
(iv)    cab seats or parts therefor;
(v)     hubs (other than geared hubs) or parts therefor;
(vi)    propeller shaft assemblies or parts therefor;
(vii)   radiators or parts therefor;
(viii)  radiator hoses;
(ix)    radiator flexible mountings;
(x)     radios or magnetic sound reproducers whether combined or not, or parts therefor;
(xi)    steering gearboxes or parts therefor;
(xii)   suspension components or parts therefor;
(xiii)  tapered roller bearings;
(xiv)  tubes (inner);
(xv)   tyres;
(xvi)  valves for tubeless tyres; or
(xvii) wheels or parts therefor.
 
6.       For the purposes of this by-law:
 
(a)     “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;
 
(b)     “bare cabs” means cabs not painted further than prime coated and not fitted or trimmed with any componentry (e.g. seats, instruments, window glass, rubber trim, etc.) other than mounting brackets;
 
(c)     “brake drums” includes brake drums machined or unmachined;
 
(d)     “cab seats” includes all seats in crew cab or dual cab vehicles and the driver's seat in buses;
 
(e)     “clutches” means transmission clutches (i.e. main driveline equipment);
 
(f)      “engine” does not include goods incorporating any transmission equipment (i.e. main driveline equipment);
 
(g)     “gearboxes” means transmission gearboxes (i.e. main driveline equipment);
 
(h)     “propeller shaft assemblies” means main driveline equipment;
 
(i)      “radiators” means a sub-assembly comprising water tanks with inlet and outlet manifolds, radiator core and integral frame;
 
(j)      “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;
 
(k)     “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.

 
Dated this twenty fifth day of February 2013.
 
(signed)
Geoff Johannes
Delegate of the
Chief Executive Officer
 
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