{"id":"F2015L02070","name":"Customs By-Law No. 1540737","slug":"customs-by-law-no-1540737","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":93828,"registerId":"commonwealth-F2015L02070-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Customs By-Law No. 1540737","content":"CUSTOMS ACT 1901\n\nCUSTOMS TARIFF ACT 1995\n\nSCHEDULE 4\n\nCUSTOMS BY-LAW No. 1540737\n\nI, Christie Sawczuk, delegate of the Comptroller‑General of Customs, under section 271 of the Customs Act 1901 make the by‑law set out in the Schedule below.\n\nTHE SCHEDULE\n\nItem 16\n\nSchedule 4\n\n1. This by‑law may be cited as Customs By‑Law No. 1540737.\n\n2. This by‑law shall take effect on and from 1 January 2016.\n\n3. 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.\n\n4. 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.\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 the 16th day of December 2015.\n\n(signed)\n\nChristie Sawczuk\n\nDelegate of the\n\nComptroller‑General of Customs","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This by-law serves its original narrow technical purpose: to prescribe a specific article of a free trade agreement for tariff quota purposes. There is no scope creep or expansion beyond this single function."},"complexity_factors":["Very short document (5 operative provisions)","Only 2 defined terms ('Korea-Australia Free Trade Agreement' and 'Customs Tariff Act 1995')","No cross-references beyond the basic statutory framework (Customs Act, Customs Tariff Act, KAFTA)","No conditional logic or exceptions","Single purpose instrument with straightforward operative effect","Standard boilerplate commencement and citation provisions"],"plain_english_summary":"This by-law is a technical instrument that gives effect to a specific rule in the Korea-Australia Free Trade Agreement (KAFTA). \n\n**What it does:**\n- It \"prescribes\" (officially recognises) Article 2.4 of the Korea-Australia Free Trade Agreement for the purposes of item 16 in Schedule 4 of the Customs Tariff Act 1995.\n\n**What this means in practice:**\n- **Schedule 4, Item 16** of the Customs Tariff Act deals with **tariff rate quotas** — special arrangements that allow certain quantities of goods to be imported at lower tariff rates.\n- **Article 2.4 of KAFTA** sets out rules for how these tariff rate quotas work between Australia and South Korea, including how much of certain goods (like beef, rice, or other sensitive agricultural products) can enter Australia at preferential rates.\n- By prescribing this article, the by-law ensures that the specific quota rules in the Korea-Australia trade deal are legally recognised and applied by Australian Customs.\n\n**Who it affects:**\n- Importers bringing goods from South Korea that fall under tariff rate quotas\n- Customs officials administering these quotas\n- Businesses trading under the KAFTA agreement\n\n**Why it matters:**\nWithout this by-law, the specific quota arrangements negotiated in the Korea-Australia Free Trade Agreement wouldn't have legal effect in Australia's customs system. It's a necessary technical step to implement Australia's international trade obligations."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based solely on the text of this by‑law, the instrument does not change scope beyond prescribing Article 2.4 of the Korea‑Australia Free Trade Agreement for the purposes of item 16 of Schedule 4 to the Customs Tariff Act 1995, defining the treaty reference and confirming the Act reference as amended. The by‑law is narrowly focused and does not on its face broaden or narrow the statutory reach of Schedule 4 beyond importing the specified treaty text (see Item 3–5)."},"complexity_factors":["Short, narrowly framed instrument with a single operative clause prescribing an external treaty article (Item 3).","Reliance on cross‑reference to an external international instrument (the KAFTA Article 2.4) — understanding practical effect requires reading that external text (Item 3–4).","Delegated making under s.271 of the Customs Act 1901 — legal authority is simple but involves administrative delegation (signature block).","Definitions clause that fixes the operative treaty text and treats the Customs Tariff Act 1995 as including amendments — requires attention to versioning (Item 4–5).","No procedural or evidentiary detail included — practical application depends on Customs practice and the referenced treaty text."],"plain_english_summary":"This by‑law (under s.271 Customs Act) directs Customs to treat Article 2.4 of the Korea–Australia Free Trade Agreement as the external text governing item 16 of Schedule 4 to the Customs Tariff Act 1995, effective 1 January 2016. It affects importers and agents whose tariff treatment depends on item 16 by changing which treaty text Customs will apply (it does not amend rates)."}},"importantCases":[],"_links":{"self":"/api/acts/customs-by-law-no-1540737","history":"/api/acts/customs-by-law-no-1540737/history","analysis":"/api/acts/customs-by-law-no-1540737/analysis","conflicts":"/api/acts/customs-by-law-no-1540737/conflicts","importantCases":"/api/acts/customs-by-law-no-1540737/important-cases","documents":"/api/acts/customs-by-law-no-1540737/documents"}}