Commonwealth legislation

Customs By-law No. 1305755

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

4/10 complexity

This by-law (Customs By-law No. 1305755) sets the rule for applying item 35 of the Customs Tariff: it covers parts/materials for vessels exceeding 150 gross construction tons and prescribes how to calculate that tonnage. Gross construction tons = Z/2.83, where Z is total cubic metres measured to the moulded lines of specified enclosed spaces.

It affects importers, shipbuilders/repairers and customs officers by requiring measurement or verification of vessel volume, creating documentation costs and scope for technical disputes.

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Current sections

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Customs By-law No. 1305755

CUSTOMS ACT 1901

CUSTOMS TARIFF ACT 1995

SCHEDULE 4

BY-LAW No. 1305755

I, Geoff Johannes, delegate of the Chief Executive Officer, under section 271 of the Customs Act 1901, make the by-law set out in the Schedule below.

THE SCHEDULE

Item 35

Schedule 4

This by-law may be cited as Customs By-law No. 1305755.
This by-law shall take effect on and from 1 March 2013.
Item 35 prescribes parts of vessels, or materials, for use in the construction, modification, or repair of vessels exceeding 150 gross construction tons.
For the purposes of item 35 of Schedule 4 to the Customs Tariff Act 1995, the gross construction tonnage of a vessel shall be calculated using the formula:

Z/2.83

Where Z is a number equal to the number of cubic metres in the total volume, measured in relation to the moulded lines of the enclosed spaces in the vessel, including

between-deck spaces, water ballast spaces, voids, cofferdams, machinery spaces, erections, superstructures, houses, casings, funnel spaces, mast spaces and, in the case of an aircushion vehicle, the area enclosed by the inflatable skirt under normal inflation.

For the purposes of this by-law, the “Customs Tariff Act 1995” means the Customs Tariff Act 1995, as amended or proposed to be altered.

Dated this twenty fifth day of February 2013.

(signed)

Geoff Johannes

Delegate of the

Chief Executive Officer

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Customs By-law No. 1305755