{"id":"F2008L00844","name":"Tariff Concession Order 0719766","slug":"tariff-concession-order-0719766","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72950,"registerId":"commonwealth-F2008L00844-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tariff Concession Order 0719766","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 22.11.07 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```html\n

8431.39.00

PARTS, AERIAL ROPEWAY, being ANY of the following:
(a) axle clamp jaws;
(b) axles;
(c) brake linings;
(d) bullwheel repair kits;
(e) brake shoes;
(f) bumpers;
(g) bushings;
(h) circlips;
(i) cylinders;
(j) covers;
(k) clutches;
(l) flyweights;
(m) free wheel rings;
(n) guide rollers;
(o) grips;
(p) guiding sleeves;
(q) housings;
(r) indicators;
(s) keeper plates;
(t) levers;
(u) link pieces;
(v) pins;
(w) plates;
(x) rope lifters;
(y) running wheels;
(z) reels;
(aa) spring housings;
(ab) snap rings;
(ac) shims;
(ad) spacers;
(ae) seat pads;
(af) stoppers;
(ag) spring boxes;
(ah) spring housings;
(ai) segments;
(aj) torque spring covers;
(ak) T connectors;
(al) towing stems;
(am) towing cables with fittings;
(an) tanks;
(ao) thrust discs

Op. 22.11.07 - TC 0719766

50

This is page 1 of 1 page of the above Table.

...............Wendy Knowles........................

Dated 29 February 2008 Delegate of the Chief Executive Officer

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This TCO is narrowly targeted and limited to a specific list of aerial-ropeway parts and to a single tariff classification. It does not add categories beyond that list, nor does it introduce additional regulatory regimes or conditional eligibility. Accordingly, it does not appear to have expanded the instrument's scope beyond its original, obvious purpose of applying the referenced Schedule 4 tariff concession to the named goods."},"complexity_factors":["Single-page instrument with one operative declaration (short and focused)","One tariff classification: 8431.39.00","List of 41 specifically enumerated parts (a to ao) — granular but straightforward","Cross-references to three statutory provisions only: s.269P (making power), ss.269SC/269SD (revocation), and Part III of Schedule 4 to the Customs Tariff Act 1995","No nested exceptions, no definitions section, no conditional or multi-stage eligibility rules","Open-ended duration (effective until revoked) but no layered time conditions"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- This Tariff Concession Order (TCO) names a set of imported goods — specific parts for an \"aerial ropeway\" — and declares that those goods are covered by the tariff concession item listed in Part III of Schedule 4 to the Customs Tariff Act 1995. The TCO cites the power to do this under section 269P of the Customs Act 1901. (Header and table.)\n- The goods are classified to tariff heading 8431.39.00 and the Order lists 41 discrete parts (for example: axles, brake linings, grips, running wheels, towing cables with fittings, rope lifters, etc.). (Column 1 of the Table.)\n- The Order took effect from 22 November 2007 and remains in force until it is revoked under sections 269SC or 269SD of the Customs Act or until any date specified in the Table. The delegate who signed the Order is identified in the document. (Header; footer.)\n\n**Who is affected**\n\n- Importers of aerial-ropeway components and firms that maintain or operate aerial ropeways (e.g. ski-lift operators, chairlift maintenance contractors) — they are the direct beneficiaries if the Schedule 4 item grants a tariff concession.\n- Domestic manufacturers or suppliers of equivalent parts — they may face increased competition from cheaper imported parts if a duty reduction applies.\n- The Australian Government (Treasury/Customs) — it is the party that foregoes customs duty revenue if the concession reduces or removes duty.\n- Customs officers and compliance officers — they are responsible for assessing whether incoming goods match the TCO description and for administering the concession.\n\n**Why it matters (purpose claims, tested against trade-offs and implementation factors)**\n\n- The instrument’s stated legal effect is to treat the listed goods as goods to which the relevant Schedule 4 item applies (s.269P Customs Act 1901; Table referencing Part III of Schedule 4 to the Customs Tariff Act 1995). In practice, that means eligible imports receive whatever tariff treatment the referenced Schedule 4 item provides (typically a reduced or zero duty rate under a concession).\n\n- Claimed purpose (implicit): lower the customs cost of importing specialised aerial-ropeway parts so maintenance/repair and operation can proceed without higher input costs. The instrument itself does not state economic goals beyond the legal declaration; that inference follows from the mechanics of Schedule 4 concessions.\n\n- Who pays and who benefits: If the Schedule 4 item reduces duty, the Australian Government loses tariff revenue on qualifying imports; importers (and their customers) benefit from lower input costs. The benefit is concentrated (specific parts, particular operators/importers) while the cost (forgone revenue) is dispersed among taxpayers.\n\n- Incentives and behaviour changes: Importers are incentivised to import the listed parts rather than source from local suppliers if a tariff advantage applies. Operators may schedule repairs or buy replacement components more cheaply. Customs must verify that imported parts match the precise list before allowing concession treatment, creating a documented compliance/verification task.\n\n- Trade-offs and opportunity costs: The trade-off is reduced protection for any local producers of comparable parts versus lower operating costs for ropeway operators. Opportunity cost to the budget is the tariff revenue foregone; opportunity cost to domestic industry is increased competition.\n\n- Compliance burden and implementation risk: The TCO is narrowly worded but requires customs officers to determine whether imported items exactly match the listed items. Narrow, itemised lists reduce over-broad use but create administrative checks. There is some risk of misclassification or attempts to import non-listed items by minor modification — customs enforcement and documentation will be necessary.\n\n- Bureaucratic discretion and revocation: The Order was made by a delegate of the Chief Executive Officer under s.269P and can be revoked under ss.269SC or 269SD of the Customs Act. That creates an ongoing administrative discretion to continue, vary or revoke the concession.\n\n**Concrete mechanics and citations**\n\n- Legal authority: s.269P of the Customs Act 1901 (instrument-making power). The Table states the goods (tariff heading 8431.39.00) and directs that the item in Part III of Schedule 4 to the Customs Tariff Act 1995 (item number shown in Column 2) applies to those goods. The Order notes it is effective from 22.11.07 and may be revoked under ss.269SC/269SD. (See header and Table.)\n\n**Net present effect on markets**\n\n- Lowers import costs for the listed aerial-ropeway parts (if Schedule 4 item confers a concession), which reduces operating or maintenance costs for ropeway operators and may lower prices or increase service availability.\n- Places competitive pressure on any domestic producers of similar parts.\n- Imposes modest administrative work on Customs to verify shipments and enforce the concession.\n\n(References in the Order: authority under s.269P Customs Act 1901; application to an item in Part III of Schedule 4 to the Customs Tariff Act 1995; revocation under ss.269SC/269SD; tariff classification 8431.39.00; list of parts in Column 1 of the Table; effective date 22.11.07.)"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard Tariff Concession Order operating within its intended scope under Division 4 of Part XVA of the Customs Act 1901. It applies the established tariff concession framework to a specific category of goods (aerial ropeway parts) without expanding beyond the statutory purpose of granting duty concessions for imported goods."},"complexity_factors":["Single, specific concession covering one tariff classification (8431.39.00)","Simple tabular format with only two substantive columns","No conditional logic, exceptions, or cross-references beyond the standard revocation provisions (sections 269SC and 269SD)","Straightforward list of 41 enumerated parts with no nested definitions","Standard administrative instrument format under the Customs Act 1901","No interpretative provisions or deeming clauses"],"plain_english_summary":"This is a **Tariff Concession Order** — a type of Australian customs instrument that gives certain imported goods a reduced or zero customs duty rate.\n\n**What it does:**\nThis order (number 0719766) declares that specific spare parts for **aerial ropeways** (ski lifts, cable cars, gondolas, and similar passenger transport systems) qualify for a tariff concession under **Item 50 of Schedule 4** to the Customs Tariff Act 1995. This means importers can bring these parts into Australia without paying the usual customs duty, or at a reduced rate.\n\n**Who it affects:**\n- **Importers** of aerial ropeway parts (ski resort operators, mining companies using cable transport, tourism infrastructure businesses)\n- **Customs brokers** handling clearance of these goods\n- **Manufacturers** of aerial ropeway systems who need replacement parts from overseas\n\n**What goods are covered:**\nThe order lists 41 specific types of parts, including:\n- Mechanical components (axles, wheels, bearings, bushings, gears)\n- Safety equipment (brake linings, brake shoes, stoppers)\n- Structural parts (housings, plates, clamps, connectors)\n- Operational parts (grips, guide rollers, rope lifters, towing cables)\n\n**Why it matters:**\nWithout this concession, these parts would attract standard import duties, making maintenance and operation of aerial ropeways more expensive. This supports Australia's ski tourism industry, mining operations, and other sectors relying on cable transport infrastructure by reducing the cost of keeping equipment running.\n\n**How long it lasts:**\nThe order took effect on **22 November 2007** and remains in force indefinitely until revoked or replaced."},"summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument only declares a tariff concession; it does not amend any other legislation."},"complexity_factors":["uses a highly technical and lengthy list of specific parts","relies on precise tariff classification and legislative references","no analytical complexity beyond matching the goods to the description"],"plain_english_summary":"This order grants a customs duty concession for specified parts used in aerial ropeways (chairlifts, gondolas and similar systems) classified at tariff subheading 8431.39.00. Made under section 269P of the Customs Act 1901 and effective 22 Nov 2007, it applies the concession in Item 50, Part III, Schedule 4 of the Customs Tariff Act 1995 and remains until revoked. Importers, ropeway operators, and customs brokers may claim reduced/zero duty if goods exactly match the description—confirm no superseding order and check with the Australian Border Force."},"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-0719766","history":"/api/acts/tariff-concession-order-0719766/history","analysis":"/api/acts/tariff-concession-order-0719766/analysis","conflicts":"/api/acts/tariff-concession-order-0719766/conflicts","importantCases":"/api/acts/tariff-concession-order-0719766/important-cases","documents":"/api/acts/tariff-concession-order-0719766/documents"}}