{"id":"F2021L01781","name":"Customs By-law No. 2100221","slug":"customs-by-law-no-2100221","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102215,"registerId":"commonwealth-F2021L01781-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Customs By-law No. 2100221","content":"CUSTOMS ACT 1901\n\nCUSTOMS TARIFF ACT 1995\n\nSCHEDULE 4\n\nBY-LAW No. 2100221\n\nI, Alison Neil, delegate of the Comptroller-General of Customs, under section 271 of the Customs Act 1901:\n\n1.  revoke the by-law cited as Customs By-law No. 1300584;\n\n2. revoke the by-law cited as Customs By-law No. 1700051; and\n\n3. make the by-law set out in the Schedule to this instrument.\n\nIn the by-law set out in the Schedule, “security” means security required from the importer to the satisfaction of the Collector under section 42 of the Customs Act 1901.\n\nThis by-law commences on 1 January 2022.\n\nDated this 10th day of December 2021.\n\n\\[Signed\\]\n\nAlison Neil\n\nDelegate of the\n\nComptroller-General of Customs\n\nSCHEDULE\n\nItem 38\n\nSchedule 4\n\n1. This by-law may be cited as Customs By-law No. 2100221.\n\n2. For the purposes of item 38 of Schedule 4 to the Customs Tariff Act 1995 the following goods, subject to paragraphs 3 to 6, are prescribed.\n\n(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 to that Act specified in Table 1 below:\n\nTABLE 1\n\n| 8701.21.00 | 8703.23.20    | 8703.60.20(*) | 8704.31.10 |\n| ---------- | ------------- | ------------- | ---------- |\n| 8701.22.00 | 8703.24.20    | 8703.70.20    | 8704.32.00 |\n| 8701.23.00 | 8703.31.20    | 8703.80.20    | 8704.41.10 |\n| 8701.24.00 | 8703.32.20    | 8703.90.20    | 8704.42.00 |\n| 8701.29.00 | 8703.33.20    | 8704.21.10    | 8704.43.00 |\n| 8702       | 8703.40.20(*) | 8704.22.00    | 8704.51.10 |\n| 8703.22.20 | 8703.50.20    | 8704.23.00    | 8704.52.00 |\n\n(\\*) except for vehicles of a cylinder capacity not exceeding 1 000 cm3.\n\nUNDER SECURITY;\n\nAND\n\n(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 to that Act specified in Table 2 below:\n\nTABLE 2\n\n| 8702       | 8703.32.20    | 8703.70.20 | 8704.41.10 |\n| ---------- | ------------- | ---------- | ---------- |\n| 8703.22.20 | 8703.33.20    | 8703.80.20 | 8704.51.10 |\n| 8703.23.20 | 8703.40.20(*) | 8703.90.20 |            |\n| 8703.24.20 | 8703.50.20    | 8704.21.10 |            |\n| 8703.31.20 | 8703.60.20(*) | 8704.31.10 |            |\n\n(\\*) except for vehicles of a cylinder capacity not exceeding 1 000 cm3.\n\nUNDER SECURITY.\n\n3. 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.\n\n4. This by-law does not apply to the following:\n\n(a) sub-assemblies incorporating a combination of more than one of the following:\n\n(i) cabs;\n\n(ii) chassis frames;\n\n(iii) clutches;\n\n(iv) engines;\n\n(v) gearboxes;\n\n(vi) propeller shaft assemblies;\n\n(vii) radiators; or\n\n(viii) suspension systems; or\n\n(b) goods, as follows:\n\n(i) cabs other than bare cabs; or\n\n(ii) chassis frames fitted with any attachment or component other than mounting brackets or towing hooks; or\n\n(c) goods, as follows:\n\n(i) accumulators (batteries) or parts therefor;\n\n(ii) air-brake equipment or parts therefor;\n\n(iii) brake drums (other than transmission brake drums) or parts therefor;\n\n(iv) cab seats or parts therefor;\n\n(v) hubs (other than geared hubs) or parts therefor;\n\n(vi) propeller shaft assemblies or parts therefor;\n\n(vii) radiators or parts therefor;\n\n(viii) radiator hoses;\n\n(ix) radiator flexible mountings;\n\n(x) radios or magnetic sound reproducers whether combined or not, or parts therefor;\n\n(xi) steering gearboxes or parts therefor;\n\n(xii) suspension components or parts therefor;\n\n(xiii) tapered roller bearings;\n\n(xiv) tubes (inner);\n\n(xv) tyres;\n\n(xvi) valves for tubeless tyres; or\n\n(xvii) wheels or parts therefor.\n\n5. For the purposes of this by-law:\n\n(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;\n\n(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;\n\n(c) “brake drums” includes brake drums machined or unmachined;\n\n(d) “cab seats” includes all seats in crew cab or dual cab vehicles and the driver's seat in buses;\n\n(e) “clutches” means transmission clutches (i.e. main driveline equipment);\n\n(f) “engine” does not include goods incorporating any transmission equipment (i.e. main driveline equipment);\n\n(g) “gearboxes” means transmission gearboxes (i.e. main driveline equipment);\n\n(h) “propeller shaft assemblies” means main driveline equipment;\n\n(i) “radiators” means a sub-assembly comprising water tanks with inlet and outlet manifolds, radiator core and integral frame;\n\n(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;\n\n(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.\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 by a Customs Tariff alteration proposed in the Parliament.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument expressly revokes By-law No. 1300584 and By-law No. 1700051 and replaces them with a new prescription of goods, tariff codes, exclusions and definitions for Item 38 of Schedule 4. That replacement changes the regulatory instrument in force and therefore the operative scope; the text shows updated lists, security conditions and definitional rules but does not reproduce the revoked by-laws for a line-by-line comparison."},"complexity_factors":["Technical reliance on specific tariff headings and subheadings (Table 1 and Table 2) increases interpretive work for importers and brokers.","Conditional coverage tied to vehicle g.v.w. thresholds (over 3.5 t; a narrower 3.5–4 t band) and an exception for cylinder capacity adds rule complexity (Schedule, para 2).","Multiple, detailed exclusions and lists of parts/subassemblies require careful product classification (Schedule, paras 4–5).","Defined terms with operational consequences (e.g. “use”, “bare cabs”, “g.v.w.”) create legal-technical dependencies (Schedule, paras 3 and 5).","Security requirement to the Collector under Customs Act s.42 imposes financial/compliance burdens and administrative discretion (instrument preamble; Schedule, para 2).","Cross-references to the Customs Tariff Act 1995 and to revoked by-laws require comparing instruments to determine net change (preamble; Schedule, para 6)."],"plain_english_summary":"This instrument revokes two earlier by‑laws and replaces them with a new prescription of which vehicle components imported as original equipment for motor vehicles over 3.5 tonnes fall under Item 38 of Schedule 4 to the Customs Tariff Act 1995. Those listed imports must be brought in “under security” to the Collector under section 42 of the Customs Act 1901. It sets out covered tariff codes, narrowly defined exclusions and technical definitions (including “use” and “g.v.w.”). Importers pay the security/compliance cost and the Collector has discretion to accept security and judge suitability (Schedule, paras 2–6)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This by-law appears to maintain the established scope of its predecessors (By-laws 1300584 and 1700051), consolidating and updating the tariff concession arrangements for heavy vehicle components. The structure of prescribing eligible goods by tariff classification, requiring security, and excluding specific component types follows the long-standing pattern for these automotive industry concessions. No significant scope creep is evident."},"complexity_factors":["Extensive defined terms section (11 definitions in paragraph 5 alone) with technical automotive terminology","Two-tier conditional structure: goods must satisfy both the positive description in paragraphs 2(a) or 2(b) AND avoid the exclusions in paragraph 4","Cross-references to Schedule 3 and Schedule 4 of the Customs Tariff Act 1995 with specific tariff classification codes (HS codes)","Nested exceptions: paragraph 4 excludes specific goods, with sub-paragraphs (a), (b), and (c) containing further categorical exclusions","Technical qualifications within definitions (e.g., 'air-brake equipment' includes some items but explicitly excludes others like 'engine integrated air compressors')","Weight-based thresholds creating two distinct regulatory regimes (3.5 tonnes vs 3.5-4 tonnes)","Dynamic reference clause in paragraph 6 incorporating future amendments to the Customs Tariff Act 1995"],"plain_english_summary":"This by-law lets importers bring in certain vehicle components for building heavy trucks and buses into Australia under a tariff concession—but only if they lodge a financial security with Customs. It targets parts for cab/chassis and for assembling lighter heavy vehicles, and requires parts be original-equipment used in local manufacture (with many retail items excluded). It lowers input costs for Australian heavy‑vehicle makers while using security and proof-of-use to prevent abuse."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/customs-by-law-no-2100221","history":"/api/acts/customs-by-law-no-2100221/history","analysis":"/api/acts/customs-by-law-no-2100221/analysis","conflicts":"/api/acts/customs-by-law-no-2100221/conflicts","importantCases":"/api/acts/customs-by-law-no-2100221/important-cases","documents":"/api/acts/customs-by-law-no-2100221/documents"}}