{"id":"F2005L03051","name":"Tariff Concession Order 0509673","slug":"tariff-concession-order-0509673","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":37968,"registerId":"commonwealth-F2005L03051-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tariff Concession Order 0509673","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 20.07.05 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| 8474.10.00 | DESANDERS, comprising BOTH of the following:(a) prescreeners;(b) cyclonic desandersOp. 20.07.05 - TC 0509673 | 50  |\n| ---------- | ------------------------------------------------------------------------------------------------------------ | --- |\n\n| This is page 1 of 1 Page of the above Table...Michael Perry........................Dated 30 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 narrow and technical: it applies an existing tariff concession mechanism (s.269P TCO) to a specifically described piece of equipment. There is no indication in the text that the instrument expands the statutory scheme beyond its ordinary purpose of granting concessions to particular goods. It does not materially broaden the scope of tariff law; it simply identifies one good as eligible for the pre‑existing Schedule 4, Item 50 concession."},"complexity_factors":["Single-item TCO covering one tariff classification (8474.10.00)","Short, self-contained text (one page) with no nested exceptions","Cross-reference to Part III, Schedule 4 of the Customs Tariff Act 1995 (external instrument contains substantive detail)","References to three provisions of the Customs Act (s.269P, s.269SC, s.269SD)","No multiple defined terms within the TCO itself; reliance on broader tariff law for operative effect"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This is a Tariff Concession Order (TCO) made under section 269P of the Customs Act 1901. It declares that a specific imported good — described in Column 1 of the Table — is a good to which the tariff concession listed at Item 50 in Part III of Schedule 4 to the Customs Tariff Act 1995 applies. The Order took effect from 20 July 2005 and remains in force until revoked (see sections 269SC or 269SD of the Customs Act).\n\n- The good covered is classified to tariff heading 8474.10.00 and described as \"DESANDERS, comprising BOTH of the following: (a) prescreeners; (b) cyclonic desanders.\" Only goods that match that description and tariff classification can rely on this Order.\n\n**Who it affects\n\n- Importers and buyers of the named desanders: they can claim the Schedule 4, Item 50 concession when those goods are imported, which typically reduces or removes customs duty that would otherwise apply.\n- Australian purchasers and downstream users of those desanders: lower import duties can reduce purchase costs and operating costs for businesses that use the equipment.\n- Competing Australian manufacturers of similar equipment: they may face stronger price competition from cheaper imports.\n- The Commonwealth (taxpayers): granting the concession reduces customs duty revenue while the Order remains in force.\n\n**Why it matters (official purpose and practical effects)\n\n- The instrument’s stated effect is to make a particular class of imported desanders eligible for the tariff treatment set out at Item 50 of Schedule 4 (the Order itself does not spell out what Item 50 does; that is in the Customs Tariff Act). The practical result is a change to the effective import cost of the specified goods.\n\n- Testing that purpose against costs and incentives:\n  - Who pays: reduced tariff revenue is borne by the Commonwealth budget (diffuse) while the benefit is concentrated on importers and their customers (specific firms/sectors). (See the Order text and reference to Schedule 4 Item 50.)\n  - Who decides: a delegate of the CEO of the Australian Customs administration (the instrument is signed by Michael Perry as delegate under s.269P). The decision is administrative and can be revoked under s.269SC or s.269SD.\n  - Behaviour changes: lower effective import cost encourages importation of the specified desanders (substitution from locally produced equivalents is possible), which can increase supply, lower market prices for purchasers, and alter sourcing decisions by businesses that use the equipment.\n  - Trade-offs and opportunity cost: the concession favours particular importers/industries (concentrated benefit) at the expense of customs revenue and potential protection for local producers (diffuse cost). The Order does not itself set safeguards or quotas; those would need to come from other measures if intended.\n  - Implementation and compliance risk: correct tariff classification and factual matching to the described components (prescreeners and cyclonic desanders) are required. Misclassification or differing product composition can lead to disputes, audit adjustments, or revocation. Administrative compliance (documentation to claim the concession) falls to importers.\n\n**Operational notes (how it works in practice)\n\n- Importers claiming the concession must ensure the goods match the tariff heading 8474.10.00 and the textual description in Column 1.\n- The concession remains in force until the delegate revokes it under the cited provisions or a termination date is specified in Column 2 (none is given other than the Item number).\n\n**Sections cited in the Order**: s.269P (power to make the Order), s.269SC and s.269SD (powers to revoke). The substantive tariff effect flows from applying Item 50 in Part III of Schedule 4 to the Customs Tariff Act 1995."},"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 (desanders with prescreeners and cyclonic components) and does not represent scope creep beyond the original legislative purpose of granting targeted duty concessions."},"complexity_factors":["Single, highly specific product category (desanders with two specific components)","No defined terms section — relies on external references to the Customs Act 1901 and Customs Tariff Act 1995","Simple two-column table format with minimal conditional logic","Only one operative provision with straightforward effective date and revocation mechanism","No nested exceptions or cross-references within the instrument itself"],"plain_english_summary":"This Tariff Concession Order grants reduced/zero import duty for desanders that include both a prescreener and a cyclonic desander, making such imported equipment cheaper for mining and processing businesses.  \n\nIt affects importers (lower customs costs) and domestic manufacturers (increased competition). The concession took effect 20 July 2005 and remains in force until revoked or changed."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/tariff-concession-order-0509673","history":"/api/acts/tariff-concession-order-0509673/history","analysis":"/api/acts/tariff-concession-order-0509673/analysis","conflicts":"/api/acts/tariff-concession-order-0509673/conflicts","importantCases":"/api/acts/tariff-concession-order-0509673/important-cases","documents":"/api/acts/tariff-concession-order-0509673/documents"}}