{"id":"F2005L02633","name":"Tariff Concession Order 0506771","slug":"tariff-concession-order-0506771","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":37422,"registerId":"commonwealth-F2005L02633-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tariff Concession Order 0506771","content":"| TARIFF CONCESSION ORDERUnder Section 269P of the Customs Act 1901, I, Michael Perry, a delegate of the Chief Executive Officer declare that the goods specified in Column 1 of THE TABLE are goods to which the item in Part III of Schedule 4 to the Customs Tariff Act 1995 specified in Column 2 of THE TABLE applies. This Order shall have effect from 03.06.05 and continue in force until revoked under sections 269SC or 269SD of the Act, or the date, if any, specified in Column 2. |\n| ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\nTHE TABLE\n\n| COLUMN 1Description of Goods including theCustoms Tariff Classification | COLUMN 2Schedule 4 Item NumberLast date of effect |\n| ----------------------------------------------------------------------- | ------------------------------------------------- |\n\n| 8429.52.90 | EXCAVATORS, crawler mounted, having BOTH of the following:(a) 360 degree slewing;(b) digging depth NOT greater than 6 metresOp. 03.06.05 - TC 0506771 | 50  |\n| ---------- | ----------------------------------------------------------------------------------------------------------------------------------------------------- | --- |\n\n| This is page 1 of 1 Page of the above Table...Michael Perry........................Dated 09 September 2005 Delegate of the Chief Executive Officer |\n| -------------------------------------------------------------------------------------------------------------------------------------------------- |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Order is narrowly targeted to a specific product type and applies an existing Schedule 4 tariff item to that product. There is no indication in the text that the Order expands scope beyond that original, narrow purpose: it names a single tariff heading, sets two clear product conditions, and applies one Schedule 4 item. Therefore the instrument has not grown beyond its original, specific purpose."},"complexity_factors":["Single‑item instrument: applies to one tariff classification (8429.52.90) only","Short, narrowly‑framed technical description with two conjunctive conditions (360° slewing AND digging depth ≤ 6 m)","One cross‑reference to Part III of Schedule 4 to the Customs Tariff Act 1995 (Item 50)","References to three provisions of the Customs Act 1901 (s.269P; ss.269SC and 269SD) but no layered exceptions or multiple conditional branches","No listed expiry date in the Table (effectively open‑ended until formal revocation)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- This Tariff Concession Order (TCO 0506771) declares a specific category of imported goods — crawler‑mounted excavators meeting two technical criteria (they must slew 360 degrees and have a digging depth of no more than 6 metres) and classified under tariff heading 8429.52.90 — to be subject to the tariff treatment set out at Item 50 in Part III of Schedule 4 to the Customs Tariff Act 1995.  \n- Effectively, the Order makes those specific excavators eligible for the Schedule 4 concession (the particular tariff rate or concession that Item 50 provides). The Order took effect from 3 June 2005 and remains in force until it is revoked under sections 269SC or 269SD of the Customs Act 1901 (or until any expiry date if one were listed in the Table).\n\n**Who this affects**\n\n- Importers and suppliers of crawler‑mounted excavators that meet the two written technical conditions.  \n- Customs officials and brokers who must classify, verify and clear those imports against the TCO’s description and the Harmonized System code 8429.52.90.  \n- Downstream purchasers (businesses and possibly consumers) who may face different prices depending on whether the concession is claimed and passed on.\n\n**Why it matters (practical effect)**\n\n- By applying Item 50 of Part III of Schedule 4, the Order changes the customs treatment of the described excavators — typically by lowering the rate of customs duty applicable to them (the exact duty outcome flows from the text of Item 50 in Schedule 4). That alters the landed cost of those machines for importers and can affect sourcing, pricing, and competition between domestic and imported suppliers.\n\n**Stated purpose and testing against implementation facts**\n\n- The instrument’s text simply declares the goods eligible for the Schedule 4 item; it does not state broader policy aims in the Order itself. Where a Schedule 4 concession is applied, the implied purpose is to provide a concessional tariff treatment for the specified goods.  \n- Costs and incentives: when a concession reduces duty, importers benefit directly (concentrated benefit); government revenue from those imports is reduced (diffuse cost borne by the budget). The Order’s narrow technical description concentrates benefits on importers of machines that strictly meet the two criteria.  \n- Compliance and verification: customs administration must verify both the technical conditions (360° slewing and ≤6 m digging depth) and the tariff classification (8429.52.90). That creates potential for classification disputes and administrative burden for importers and customs officers.  \n- Behavioural responses: importers may adjust product specifications or sourcing (e.g., prefer models that meet the concession description), suppliers may market models to meet the description, and some importers may try to claim the concession for borderline models — raising enforcement and valuation questions.  \n- Discretion and revocation: the Order was made by a delegate of the Chief Executive Officer under s.269P of the Customs Act 1901 and can be revoked under ss.269SC or 269SD. That gives the customs administration procedural discretion to end the concession if conditions change or the Order is found inappropriate.\n\n**Key mechanics to watch (practical checklist)**\n\n- Confirm the excavator meets both technical criteria in the Order before claiming the concession.  \n- Use tariff classification 8429.52.90 when lodging import documentation, and ensure supporting evidence (spec sheets, tests) is retained in case of verification.  \n- Note there is no expiry date listed in the Table, so the concession remains until formally revoked.\n\n(References in the Order: Tariff classification 8429.52.90; Item 50, Part III, Schedule 4 to the Customs Tariff Act 1995; instrument made under s.269P of the Customs Act 1901 and revocable under ss.269SC/269SD.)"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard, narrow tariff concession order of the type routinely made under the Customs Act. It applies only to the specific goods described (small-to-medium crawler excavators) and does not represent scope creep beyond the original legislative purpose of allowing duty concessions for particular imports."},"complexity_factors":["Single, highly specific product category (crawler-mounted excavators with two technical criteria)","Only one defined term implied (the tariff classification 8429.52.90 refers to the international Harmonized System for classifying goods)","No nested exceptions or conditional logic — straightforward 'BOTH (a) AND (b)' test","No cross-references to other legislation beyond the standard empowering provisions (Customs Act 1901, sections 269P, 269SC, 269SD)","Document is one page with a simple two-column table format","Self-contained — does not modify or amend other orders"],"plain_english_summary":"This Tariff Concession Order allows certain crawler-mounted excavators to be imported into Australia at a reduced or zero tariff — specifically machines that rotate 360° and have a maximum digging depth of 6 metres or less. It affects importers and domestic manufacturers, lowering costs for construction, mining and infrastructure projects. The concession began 3 June 2005 under the Customs Act 1901."},"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/tariff-concession-order-0506771","history":"/api/acts/tariff-concession-order-0506771/history","analysis":"/api/acts/tariff-concession-order-0506771/analysis","conflicts":"/api/acts/tariff-concession-order-0506771/conflicts","importantCases":"/api/acts/tariff-concession-order-0506771/important-cases","documents":"/api/acts/tariff-concession-order-0506771/documents"}}