{"id":"F2013L00339","name":"Customs By-law No. 1305755","slug":"customs-by-law-no-1305755","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":127327,"registerId":"commonwealth-F2013L00339-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Customs By-law No. 1305755","content":"CUSTOMS ACT 1901\n\nCUSTOMS TARIFF ACT 1995\n\nSCHEDULE 4\n\nBY-LAW No. 1305755\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 35\n\nSchedule 4\n\n1.  This by-law may be cited as Customs By-law No. 1305755.\n\n2. This by-law shall take effect on and from 1 March 2013.\n\n3. Item 35 prescribes parts of vessels, or materials, for use in the construction, modification, or repair of vessels exceeding 150 gross construction tons.\n\n4. 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:\n\nZ/2.83\n\nWhere 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\n\nbetween-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.\n\n5. 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 twenty fifth 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":1831},"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The by-law remains strictly limited to its original purpose of prescribing the calculation method for gross construction tonnage to determine eligibility for tariff concessions under Item 35. No evidence of scope expansion or mission drift."},"complexity_factors":["Single mathematical formula requiring precise volumetric measurements (Z/2.83)","Technical maritime terminology (moulded lines, cofferdams, between-deck spaces) requiring naval architecture knowledge","Dependency on external legislative reference (Item 35 of Schedule 4 to the Customs Tariff Act 1995)"],"plain_english_summary":"**What this does**\nThis by-law creates a mathematical test to determine if a ship is big enough to qualify for tax breaks on imported parts.\n\n**Who it affects**\nShipbuilders, repair yards, and importers bringing in vessel components from overseas to build, modify, or repair ships.\n\n**How it works**\n- The Customs Tariff offers concessions (reduced or zero import duty) for parts used in vessels over 150 \"gross construction tons.\"\n- This by-law defines exactly how to calculate that tonnage: measure every enclosed space inside the ship in cubic metres—including engine rooms, ballast tanks, voids, superstructures, and even the skirt cavity for hovercraft—then divide the total by **2.83**.\n- If the result is over 150, your imported parts qualify for the concession.\n\n**Why it matters**\nWithout this formula, Customs and importers would have no consistent way to measure vessel size, leading to disputes over who gets the duty exemption."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This by-law changes the operational scope of item 35 in Schedule 4 by (a) setting a firm size threshold — parts/materials are prescribed only for vessels exceeding 150 gross construction tons (item 3) — and (b) providing a specific formula and measurement rule to determine gross construction tonnage (item 4). Concretely, it narrows or clarifies which vessel-related imports fall within item 35 by replacing any previous ambiguity about how to measure tonnage with the Z/2.83 formula and a defined list of enclosed spaces to include (item 4)."},"complexity_factors":["Technical measurement requirement (volume to \"moulded lines\") and the need to identify and include a specified list of enclosed spaces (item 4).","A numerical conversion formula (Z / 2.83) that requires accurate cubic-metre measurement and rounding/precision rules not stated in the text (item 4).","Interaction with Schedule 4 classification consequences under the Customs Tariff Act 1995 — legal and commercial effects depend on external tariff rules the by-law references but does not restate (item 3 and item 5).","Potential for contested factual disputes (surveys, plans, interpretation of \"enclosed spaces\") that are technical rather than purely legal (item 4).","Delegated legislative source: made by a CEO delegate under statutory authority, which may raise procedural or administrative questions about application and review (preamble/signature)."],"plain_english_summary":"This by-law (Customs By-law No. 1305755) sets the rule for applying item 35 of the Customs Tariff: it covers parts/materials for vessels exceeding 150 gross construction tons and prescribes how to calculate that tonnage. Gross construction tons = Z/2.83, where Z is total cubic metres measured to the moulded lines of specified enclosed spaces.\n\nIt affects importers, shipbuilders/repairers and customs officers by requiring measurement or verification of vessel volume, creating documentation costs and scope for technical disputes."}},"importantCases":[],"_links":{"self":"/api/acts/customs-by-law-no-1305755","history":"/api/acts/customs-by-law-no-1305755/history","analysis":"/api/acts/customs-by-law-no-1305755/analysis","conflicts":"/api/acts/customs-by-law-no-1305755/conflicts","importantCases":"/api/acts/customs-by-law-no-1305755/important-cases","documents":"/api/acts/customs-by-law-no-1305755/documents"}}