{"id":"F2022L00860","name":"Customs By-law No. 2200083","slug":"customs-by-law-no-2200083","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102498,"registerId":"commonwealth-F2022L00860-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Customs By-law No. 2200083","content":"CUSTOMS ACT 1901\n\nCUSTOMS TARIFF ACT 1995\n\nSCHEDULE 4\n\nBY-LAW No. 2200083\n\nI, Franco Alvarez, delegate of the Comptroller‑General of Customs, under section 271 of the Customs Act 1901, make the by-law set out in the Schedule to this instrument.\n\nThis by-law commences on 1 July 2022.\n\nDated this 28th day of June 2022.\n\n\\[signed\\]\n\nFranco Alvarez\n\nDelegate of the\n\nComptroller-General of Customs\n\nSCHEDULE\n\nItem 57\n\nSchedule 4\n\n1. This by-law may be cited as Customs By-law No. 2200083.\n\n2. For the purposes of item 57 of Schedule 4 to the Customs Tariff Act 1995 (the Customs Tariff), goods of the following kind are prescribed:\n\n(a) the goods are active ingredients to be used in the manufacture of medicaments, vaccines and other goods (the manufactured goods);\n\n(b) the manufactured goods, if imported, would be classified under Chapter 30 of Schedule 3 to the Customs Tariff; and\n\n(c) the manufactured goods are to be used in the treatment, prevention or to limit the severity of the disease known as COVID‑19.\n\n3. For the purposes of paragraph 2, active ingredients means only those ingredients that give the manufactured goods their therapeutic or prophylactic effect.\n\n4. For the avoidance of doubt, paragraph 2 does not apply if the active ingredients have already been manufactured into the final product of a medicament, vaccine or other good that, if imported, would be classified under Chapter 30.\n\n5. In this by-law, the Customs Tariff Act 1995 means the Customs Tariff Act 1995, as amended or proposed to be altered.","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This by-law remains tightly scoped to its original purpose: providing tariff concessions for COVID-19 vaccine and medicament ingredients. It has not expanded beyond this specific pandemic-related pharmaceutical manufacturing support."},"complexity_factors":["Very short instrument (5 operative paragraphs plus preamble)","Only 1 defined term ('active ingredients' in paragraph 3, plus a deeming provision for the Customs Tariff Act 1995 in paragraph 5)","Simple conditional structure: three cumulative criteria in paragraph 2(a)-(c)","Single explicit exclusion in paragraph 4 (avoidance of doubt provision)","No cross-references to other legislation beyond the standard references to the Customs Act 1901 and Customs Tariff Act 1995","No delegated legislation or subordinate instruments referenced"],"plain_english_summary":"This by-law grants a tariff concession (duty exemption or reduction) for specified active ingredients imported to make COVID‑19 medicines and vaccines under item 57 of Schedule 4 to the Customs Tariff Act 1995. It affects pharmaceutical manufacturers and importers of those raw active ingredients, provided the end products are Chapter 30 pharmaceuticals for treating, preventing, or limiting COVID‑19. Finished medicines or vaccines already manufactured are excluded. The aim is to lower production costs and improve access to COVID‑19 treatments and vaccines."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument prescribes and narrows which goods qualify for item 57 of Schedule 4 rather than amending the Customs Tariff text itself. It clarifies eligibility by definition and exclusion (paras 2–4) but does not, on its face, expand the statutory tariff schedule; assessment of any practical scope change requires comparing this prescription to prior administrative practice."},"complexity_factors":["Narrow, sector-specific subject matter (active pharmaceutical ingredients for COVID‑19 medicaments/vaccines).","Dependence on cross-references: operative effect rests on item 57 of Schedule 4 and Chapter 30 of the Customs Tariff Act 1995 (external texts required to assess tariff outcome).","A focused definitional rule (para 3) restricts 'active ingredients' to those giving therapeutic/prophylactic effect, which narrows eligibility but may require medical/technical classification.","An exclusion (para 4) removes finished products from coverage, creating a binary import-classification decision for customs clearance.","Made under statutory delegation (s271 of the Customs Act 1901) and comes into force on a specified date (1 July 2022), so timing and authority are straightforward.","Compliance requires importers to demonstrate that manufactured goods would be classifiable under Chapter 30 and are intended for COVID‑19 use, creating evidentiary and classification burdens on traders and customs officers."],"plain_english_summary":"This by-law prescribes certain active ingredients as the kind of goods covered by item 57 of Schedule 4 to the Customs Tariff Act 1995. Mechanically, it identifies inputs used to manufacture Chapter 30 medicaments and vaccines that are intended for the treatment, prevention or limitation of COVID‑19. It affects importers and manufacturers of those active ingredients by clarifying which imports qualify under item 57 for tariff treatment and by excluding finished medicament products already manufactured into Chapter 30 goods. Commencement: 1 July 2022."}},"importantCases":[],"_links":{"self":"/api/acts/customs-by-law-no-2200083","history":"/api/acts/customs-by-law-no-2200083/history","analysis":"/api/acts/customs-by-law-no-2200083/analysis","conflicts":"/api/acts/customs-by-law-no-2200083/conflicts","importantCases":"/api/acts/customs-by-law-no-2200083/important-cases","documents":"/api/acts/customs-by-law-no-2200083/documents"}}