{"id":"F2013L00313","name":"Customs By-law No. 1301116","slug":"customs-by-law-no-1301116","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":127269,"registerId":"commonwealth-F2013L00313-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Customs By-law No. 1301116","content":"CUSTOMS ACT 1901\n\nCUSTOMS TARIFF ACT 1995\n\nSCHEDULE 4\n\nBY-LAW No. 1301116\n\nI, Geoff Johannes, delegate of the Chief Executive Officer, under section 271 of the Customs Act 1901 make the by-law set out in the Schedule below.\n\nTHE SCHEDULE\n\nItem 29\n\nSchedule 4\n\n1. This by-law may be cited as Customs By-law No. 1301116.\n\n2. This by-law shall take effect on and from 1 March 2013.\n\n3. 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.\n\n4. For the purposes of paragraph 3 “organisation” means:  \n\n(a) 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\n\n(b) an organisation approved by the Minister for Industry and Innovation, in consultation with the Minister for Health;\n\nnot including any organisation which is carried on for the purposes of profit or gain.\n\n5. For the purposes of this by-law, goods shall be taken to be specially designed for persons with disabilities if:\n\n(a) the adaptation for the disability causes those goods not to be used or not able to be used by persons without disabilities; or\n\n(b) the cost to convert the goods for use by persons without disabilities would be prohibitive.\n\n  \n\n6. 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.\n\nDated this twentieth day of February 2013.\n\n(signed)\n\nGeoff Johannes\n\nDelegate of the\n\nChief Executive Officer","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2273},"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The by-law maintains its original scope of prescribing disability-specific goods for tariff concessions. It has not expanded beyond its initial purpose of facilitating duty-free importation of assistive equipment by eligible non-profit organisations."},"complexity_factors":["Cross-reference to specific subsection (25-2(5)) of the ACNC Act 2012 to define eligible charities","Two-part alternative test for determining if goods are 'specially designed' (usability vs. conversion cost)","Ministerial approval mechanism requiring consultation between two government departments","Dependency on understanding Item 29 of Schedule 4 to the Customs Tariff Act 1995 (which provides the underlying duty concession)"],"plain_english_summary":"This by-law provides **duty-free importation** (or reduced duty rates) for specialised equipment designed to help people with disabilities in employment, education, science, social activities, or cultural advancement.\n\n**Who can import these goods?**\nOnly certain not-for-profit organisations, specifically:\n*   Registered charities (including basic religious charities registered under the ACNC Act), **or**\n*   Organisations formally approved by the Minister for Industry (after consulting the Health Minister)\n*   **Excluded**: Any organisation operated for profit.\n\n**What goods qualify?**\nGoods must be specially adapted for people with disabilities. This means either:\n*   The adaptation makes the goods unusable by people without disabilities, **or**\n*   Converting the goods for general use would be prohibitively expensive.\n\n**Why it matters**\nThis concession lowers the cost of importing essential disability-specific equipment—such as custom wheelchairs, adaptive technology, or specialised educational tools—for charities and support organisations, ultimately making these resources more affordable and accessible for people who need them."}},"importantCases":[],"_links":{"self":"/api/acts/customs-by-law-no-1301116","history":"/api/acts/customs-by-law-no-1301116/history","analysis":"/api/acts/customs-by-law-no-1301116/analysis","conflicts":"/api/acts/customs-by-law-no-1301116/conflicts","importantCases":"/api/acts/customs-by-law-no-1301116/important-cases","documents":"/api/acts/customs-by-law-no-1301116/documents"}}