{"id":"F2005L03837","name":"Tariff Concession Order 0512082","slug":"tariff-concession-order-0512082","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":39576,"registerId":"commonwealth-F2005L03837-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tariff Concession Order 0512082","content":"| TARIFF CONCESSION ORDERUnder Section 269P of the Customs Act 1901, I, Wendy Knowles, 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 08.09.05 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| 8483.40.90 | PARTS, WIND-TURBINE POWERED GENERATOR, being EITHER of thefollowing:(a) gearboxes;(b) yaw gearsOp. 08.09.05 - TC 0512082 | 50  |\n| ---------- | ------------------------------------------------------------------------------------------------------------------------ | --- |\n\n| This is page 1 of 1 Page of the above Table...Wendy Knowles........................Dated 25 November 2005 Delegate of the Chief Executive Officer |\n| ------------------------------------------------------------------------------------------------------------------------------------------------- |","sortOrder":0}],"analysis":{"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 issued under the Customs Act. It applies only to specific wind turbine parts and does not represent scope creep from the original legislative framework for tariff concessions."},"complexity_factors":["Single table with only one entry covering two specific goods categories","No defined terms section — relies on external references to Customs Tariff classification 8483.40.90","Minimal conditional logic (simple 'EITHER of the following' structure)","Short document (1 page) with straightforward operative clause","Cross-references only to standard Customs Act provisions (sections 269P, 269SC, 269SD) which are routine for this instrument type"],"plain_english_summary":"This is a **Tariff Concession Order** — a legal instrument that gives certain imported goods a reduced or zero customs duty rate.\n\n**What it does:**\n- Allows specific wind turbine parts (gearboxes and yaw gears) to be imported into Australia at a concessional tariff rate (lower import tax).\n- The goods must fall under customs classification code **8483.40.90**.\n\n**Who it affects:**\n- **Importers** of wind turbine gearboxes and yaw gears — they pay less duty.\n- **Renewable energy companies** building wind farms in Australia.\n- **Customs officials** who process these imports.\n\n**Why it matters:**\n- Makes it cheaper to import critical components for wind energy generation.\n- Supports Australia's renewable energy sector by reducing costs for wind farm construction.\n- The concession took effect on **8 September 2005** and remains active until revoked or a specific end date is set.\n\n**Key details:**\n- Issued under the *Customs Act 1901* by a delegate of the Australian Customs Service.\n- Covers two specific part types: gearboxes (which convert rotational speed) and yaw gears (which allow turbines to rotate into the wind)."},"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument is narrowly focused and operates exactly to extend the Schedule 4 tariff treatment to two specified kinds of wind‑turbine parts. It does not broaden beyond that explicit, technical purpose. There is no evidence in the text that it grew beyond its original, narrow aim of declaring those goods covered by the referenced Schedule 4 item."},"complexity_factors":["Single-page instrument with one table entry","Only two product types listed (gearboxes; yaw gears)","One tariff classification cited (8483.40.90)","Cross-references to three statutory provisions (s.269P, s.269SC, s.269SD) and to Part III of Schedule 4 to the Customs Tariff Act 1995","No nested conditions, qualifiers, or temporal exceptions within the entry","No explicit expiry date recorded in Column 2 (continues until revocation) which is simple but creates open-ended duration"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This Tariff Concession Order (TCO 0512082) declares that certain imported parts used with wind-turbine generators are to be treated under a specific item in Part III of Schedule 4 to the Customs Tariff Act 1995 (Item 50).  In practice that means the statutory customs treatment (normally a reduced or nil duty rate specified by that Schedule item) applies to those imports.  The TCO covers goods classifiable to tariff heading 8483.40.90 described as either:\n  - gearboxes for wind-turbine powered generators; or\n  - yaw gears for wind-turbine powered generators.\n\n- The Order takes effect from 8 September 2005 and continues until revoked under sections 269SC or 269SD of the Customs Act 1901, or until any expiry date that might be shown in the Table (none is shown here).  It was made under section 269P of the Customs Act 1901 by a delegate of the Chief Executive Officer.\n\n\nWho it affects\n\n- Importers and customs brokers who bring in wind-turbine gearboxes or yaw gears classifiable to 8483.40.90. They receive the tariff treatment set out in the referenced Schedule 4 item (Item 50).\n- The Commonwealth (through reduced tariff revenue if the Schedule 4 item reduces or removes duty).\n- Domestic suppliers of comparable parts (they face competitive effects if imported parts become cheaper).\n- Customs officials, who must apply the TCO in assessing and clearing affected imports.\n\n\nWhy it matters (official purpose, then practical trade-offs)\n\n- Official purpose claim: the Order enables a concessional tariff treatment for specific wind‑turbine parts (the explanatory purpose is to apply the listed Schedule 4 item to those parts).  That is a targeted change in the tariff treatment for those goods.\n\n- Practical trade-offs, incentives and implementation issues:\n  - Who pays: the Commonwealth foregoes tariff revenue to the extent the Schedule 4 item reduces duty; importers pay less duty; downstream buyers may face lower input costs.\n  - Who decides: the tariff concession is made by a delegate of the CEO under section 269P (the instrument is administrative, not primary legislation).\n  - Behaviour changes: importers have an incentive to import the specified parts (or reclassify similar parts to match the description); buyers of turbines may source parts from overseas; domestic producers of comparable gearboxes/yaw gears may lose sales or compete on price.\n  - Compliance and administrative burden: importers must establish that goods fall within the precise description and tariff classification (8483.40.90). Customs must monitor use and guard against misclassification or circumvention (e.g., minor modifications to parts to fit the description).  The narrow description (two part types) limits scope but increases the focus for compliance review.\n  - Concentrated benefits and diffuse costs: benefits are concentrated on importers and firms buying the specified parts; costs (lost tariff revenue) are borne by the general revenue base.  This creates an incentive for affected firms to seek similar concessions for other parts.\n  - Implementation risk: absent a clear technical specification, disputes can arise about whether a particular imported part is a gearbox or yaw gear \"for wind-turbine powered generators,\" producing administrative appeals and possible litigation.\n\n\nRelevant statutory hooks and mechanics\n\n- Made under s.269P of the Customs Act 1901 (delegate power to make tariff concession orders).\n- Revocation occurs under s.269SC or s.269SD of the Customs Act 1901.\n- The tariff treatment applied is the item in Part III of Schedule 4 to the Customs Tariff Act 1995 identified in Column 2 (Item 50).  The Schedule 4 item determines the applicable duty treatment; the TCO simply declares the listed goods are covered by that item.\n\n\nDocument details (practical reference)\n\n- Tariff classification cited: 8483.40.90.\n- Goods specified: gearboxes and yaw gears for wind-turbine powered generators.\n- Effective date: 08 September 2005; instrument signed by a delegate of the CEO.\n\n\nSummary statement\n\nThis is a narrowly framed administrative order that applies an existing Schedule 4 tariff concession (Item 50) to two specific kinds of wind‑turbine parts (gearboxes and yaw gears). Mechanically it changes how those imported parts are treated for customs duty purposes from the effective date until the order is revoked. The principal effects are a targeted reduction in customs duties for those importers and an associated revenue cost to the Commonwealth, with compliance issues centred on correct classification and possible commercial substitution effects."}},"importantCases":[],"_links":{"self":"/api/acts/tariff-concession-order-0512082","history":"/api/acts/tariff-concession-order-0512082/history","analysis":"/api/acts/tariff-concession-order-0512082/analysis","conflicts":"/api/acts/tariff-concession-order-0512082/conflicts","importantCases":"/api/acts/tariff-concession-order-0512082/important-cases","documents":"/api/acts/tariff-concession-order-0512082/documents"}}