Tariff Concession Order 0606864

The Order uses a small set of statutory and tariff concepts. The instrument’s language and structure reveal three main legal concepts: delegated administrative declaration, tariff classification linkage, and temporal scope by operative date and revocation mechanism.

Delegated administrative declaration. The Order is explicit that it is made "Under Section 269P of the Customs Act 1901" and is signed by "Michael Perry, a delegate of the Chief Executive Officer". The operative phrase is that the delegate "declare[s]" that the listed goods 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." The instrument therefore exercises a statutory power to make a formal administrative declaration about the treatment of particular goods under the Customs Tariff Act 1995.

Tariff classification linkage. The Table links three elements: a tariff classification number (8474.10.00), a short textual description ("SCREENS, VIBRATORY") and a Schedule 4 item number (50). The column headings state Column 1 is "Description of Goods including the Customs Tariff Classification" and Column 2 is "Schedule 4 Item Number Last date of effect". The Order therefore pairs a tariff classification with a Schedule 4 item, so that the listed goods are "goods to which" that Schedule 4 item applies. The Table also contains "Op. 11.04.06 - TC 0606864" which functions as an operative timestamp and internal transaction code.

Temporal and revocation mechanism. The Order specifies an effective date: "This Order shall have effect from 11.04.06." It also sets the mechanism for termination: continuing "in force until revoked under sections 269SC or 269SD of the Act, or the date, if any, specified in Column 2." Column 2 contains the number 50 and no explicit "last date of effect", so under the instrument as drafted it will persist until formally revoked under the statutory revocation routes cited, or unless an otherwise unspecified last date were to be entered.

Administrative identification. The instrument includes an identifying code "TC 0606864" and is signed and dated "07 July 2006" by the delegate. These identifiers locate the instrument within the administrative record and may be used to match relevant departmental files and subsequent administrative actions.

The instrument does not define or explain the substantive content of Schedule 4 item 50, it does not state any tariff rate or fiscal impact directly, and it contains no regulatory text setting compliance obligations, penalties or procedural steps beyond the statutory citation for revocation.

The Order directly concerns the legal treatment of a narrowly defined set of goods. The immediate addressee of that legal treatment is the category of goods described in Column 1: tariff heading 8474.10.00 described as "SCREENS, VIBRATORY". Because the instrument declares that those goods are "goods to which" Part III Schedule 4 item 50 applies, any legal actors whose rights or obligations depend on whether a particular import is captured by that Schedule 4 item will be affected.

Primary affected parties, as implied by the instrument:

• Importers and their agents who import goods matching tariff classification 8474.10.00 and the textual description. The Order alters how those goods are to be treated with reference to Schedule 4, so importers who bring such goods into the customs territory are the natural constituency affected by this declaration.
• Customs brokers and declarants who prepare import documentation and select tariff classifications and schedule item treatments. The instrument links the classification and the schedule item, so agents responsible for declarations must account for this Order when lodging entries for goods that match the listing.
• The administration of the Customs Act and the Chief Executive Officer’s delegates. The instrument is an exercise of delegated power and it references statutory revocation sections. The administration will be responsible for maintaining records, monitoring revocation events, and ensuring the Order’s application is operationalised.
• Sellers, purchasers, and other downstream commercial parties whose contractual or commercial arrangements depend on customs treatment may be indirectly affected, because treatment under Schedule 4 may alter costs or clearance processes. The instrument itself does not specify commercial effects, but it alters the legal treatment of the specified goods which can translate into effects for contracting parties.

The Order does not list any exemptions, conditions, or downstream obligations. It does not specify any entities as beneficiaries or losers beyond stating which goods are to be treated under Schedule 4 item 50. The Table contains only a single entry. The Order names the decision-maker as a delegate of the Chief Executive Officer. The revocation mechanism cited, sections 269SC and 269SD of the Act, also identifies who may terminate the Order, though the instrument does not elaborate on the procedural or substantive grounds for revocation.

Finally, because Column 2 contains no "last date of effect", the Order continues until revoked under the statutory provisions cited. Parties with ongoing exposure,importers with repeated imports of goods matching the description,therefore have an ongoing interest in monitoring revocation action or any administrative modification to the Order.

The Order itself records no express duties, monetary obligations, or procedural steps for third parties. Its core legal consequence is declaratory: an administrative declaration that specified goods are to be regarded as "goods to which" a particular Part III Schedule 4 item applies. From that declaration, several legal implications follow from the instrument’s text and structure.

Right to classification treatment. The declared right, embedded in the Order, is that goods matching Column 1 are to be treated under the Part III Schedule 4 item recorded in Column 2. In plain terms the instrument awards a classification linkage, so that an importer or declarant may rely on the Order when claiming that those goods fall within the scope of Schedule 4 item 50. The Order provides an administrative basis for treating the listed goods consistently with that schedule item from the stated operative date "11.04.06".

No new procedural obligations recorded. The instrument contains no positive compliance duties such as recordkeeping obligations, reporting requirements, or documentation standards. The Order does not specify that importers must lodge particular forms, nor does it impose certification or inspection tasks. It simply links a tariff classification and description to a Schedule 4 item. Any procedural duties that flow from that linkage, such as declaring the applicable schedule item on a customs entry, must be inferred from the statutory framework referenced in the Order but are not stated in the text of this instrument.

Revocation risk and ongoing monitoring obligation, implied. The Order states it "shall have effect from 11.04.06 and continue in force until revoked under sections 269SC or 269SD of the Act, or the date, if any, specified in Column 2." As a practical legal right/duty implication, entities relying on the Order must monitor for revocation under those statutory sections or for an expiry date being inserted in Column 2. The instrument thus creates an ongoing contingent duty on affected parties to check whether the Order remains in force.

Delegated decision-making. The Order demonstrates that the Chief Executive Officer’s power may be exercised by a delegate. The instrument is signed by "Michael Perry... Delegate of the Chief Executive Officer." Parties deriving entitlements from this declaration should note that the decision-maker has been a delegate at the time the instrument took effect, which establishes the administrative authorisation for the declaration.

No penalties or enforcement details. The instrument contains no penalties, offences, or enforcement mechanisms. Any enforcement consequences related to incorrect use of the Schedule 4 item, misclassification, or false declarations are not set out in this Order. They would have to be sought in the referenced statutory provisions of the Customs Act or other regulatory instruments; they are not contained in the Order itself.

The Order does not set out penalties, sanctions or an enforcement regime within its text. It is a declaratory administrative instrument that identifies goods to which a Schedule 4 item applies and specifies its effective date and revocation mechanics; it contains no standalone enforcement provisions.

What the Order does specify about termination. The instrument states it "shall have effect from 11.04.06 and continue in force until revoked under sections 269SC or 269SD of the Act, or the date, if any, specified in Column 2." Those statutory sections are cited as the mechanism for revocation, and therefore they are the only enforcement-related provisions referenced in the Order. The Order itself, however, does not describe what revocation procedures involve, who initiates them, or what consequences revocation has for transactions that occurred during the Order’s period of effect.

Absence of penalty clauses. The Order contains no language imposing fines, civil penalties, criminal offences or administrative sanctions for misuse or misdeclaration. It does not prescribe inspection powers, seizure authority, or audit protocols. Given its declaratory nature, enforcement and penalties for noncompliance with customs law more generally must be sought in the Customs Act 1901 and other statutory instruments; such provisions are not present in the text before us.

Practical enforcement implication. In the absence of penalty text in the Order, parties affected by the Order must infer enforcement consequences from the broader statutory framework and from administrative practice. The Order’s only explicit enforcement-related content is the statutory route through which it may be revoked, via sections 269SC or 269SD of the Customs Act 1901. The instrument therefore creates an administrative entitlement that can be ended through the statutory revocation process, but it does not itself provide or expound the tools by which the entitlement is policed or how noncompliance with customs declarations would be treated.

Record identifiers for administrative tracking. The Order includes identifiers that facilitate enforcement and administrative follow-up: the transaction code "TC 0606864", the operative date "Op. 11.04.06", and the delegate’s signed date "07 July 2006". These identifiers assist administrative record-keeping and would be relevant to any enforcement action or audit that requires tracing the provenance and effective timeframe of the concession.

The Order locates itself within the statutory architecture by direct references to the Customs Act 1901 and the Customs Tariff Act 1995. It does not incorporate, amend, or repeal other instruments in its text, but it explicitly links the Order’s operative effect to other statutory provisions.

Primary statutory anchors. The first paragraph names section 269P of the Customs Act 1901 as the source of authority for making the Order. It also specifies that the Schedule 4 item being applied is found in "Part III of Schedule 4 to the Customs Tariff Act 1995." For termination, the instrument cites "sections 269SC or 269SD of the Act" as the avenues for revocation. Those citations show that this Order is an administrative act operating inside the legal framework established by the two Acts named; the instrument does not stand alone but relies on those statutes for its power and limits.

Schedule interaction. The Order applies a numbered item from Part III of Schedule 4 to the Customs Tariff Act 1995. The text does not reproduce the content of Schedule 4 item 50, nor does it define how that item alters tariff treatment or other legal consequences. Therefore, the Order’s practical legal effect depends on the content of Schedule 4 item 50 in the Customs Tariff Act 1995. The instrument functions as a pointer tying the goods described to that schedule item; to determine substantive effects, one must read the linked Schedule 4 item in the Tariff Act. The text of this Order, however, does not itself contain those substantive provisions.

Revocation and procedural linkage. By naming sections 269SC and 269SD as the revocation pathways, the Order expressly ties its survivorship and termination to other provisions in the Customs Act. Any procedural rules, grounds for revocation, or effects of revocation will be governed by those cited sections, none of which are reproduced in the Order. The Order therefore operates in tandem with those statutory provisions as part of a wider administrative law cascade.

No conflict or precedence clauses. The instrument contains no express statement about precedence over other instruments, and it does not purport to amend or override existing statutory text. Its declared effect is to make the listed goods subject to a Schedule 4 item; it does not purport to vary or displace other laws beyond the scope of the statutory authority under which it is made.

Administrative identifiers and recordkeeping links. The inclusion of "TC 0606864" and the delegate’s signature date ties the Order to departmental administrative records. These identifiers indicate how this instrument would be located in the administration’s files and thus how it interacts with internal processes, audits, or later instruments that may rely on or revoke it.

In sum, the Order’s interaction with other laws is limited to the explicit statutory citations in its text. The Order depends on the Customs Act 1901 for authority and for revocation mechanisms, and it depends on the Customs Tariff Act 1995 for the substantive content of the Schedule 4 item it applies. The Order itself does not elaborate those interstitial provisions.

The document provided is a self-contained Tariff Concession Order and includes internal chronological markers, but it contains no record of amendments to the Order itself. The instrument records an operative date, a transaction code, and a signatory date, but no later amendments or modifications appear in the text provided.

Recorded dates and identifiers in the instrument:

• Operative date: the Order expressly states it "shall have effect from 11.04.06." The Table entry repeats "Op. 11.04.06 - TC 0606864." That is the only operative commencement date recorded in the instrument.
• Signing date: the instrument bears the signature block "This is page 1 of 1 Page of the above Table... Michael Perry........................ Dated 07 July 2006 Delegate of the Chief Executive Officer." The signed date is therefore 07 July 2006.
• Transaction code: the Table records "TC 0606864", an identifier likely used for administrative tracking. The instrument gives no further entries for additional transaction codes or subsequent revisions.

No explicit amendments recorded. The instrument shows no trace of amending entries, annotations, or insertions. Column 2 of the Table includes a place for "Last date of effect" but that cell contains only the number "50" indicating the Schedule 4 item number, and it does not include an expiry date. Therefore the instrument as presented contains no expiry or amendment notation.

Revocation paths noted but no revocation event. The Order indicates it will continue in force "until revoked under sections 269SC or 269SD of the Act, or the date, if any, specified in Column 2." That is a forward-looking mechanism for termination, not an amendment history. The instrument does not record any revocation, suspension, replacement wording, or other post-issue administrative action.

Implication for tracing amendments. Because the Order includes a transaction code and the delegate’s signature, administrative records outside the instrument may record amendments, revocation or replacement Orders. Those potential administrative changes would not appear in the instrument itself unless the Order were reissued. The text provided contains no such follow-up; it stands as the original declaration with commencement on 11 April 2006 and signature on 07 July 2006. To establish whether there have been subsequent amendments or revocation one would need to consult the administrative record or subsequent published instruments. That information does not appear in the document before us.

The Order as provided contains no reference to litigation, court decisions, judicial review proceedings, or disputes interpreting its terms. The text is a single-page administrative declaration and does not include citations to cases, nor does it record any legal challenges or outcomes.

Absence of judicial material in the instrument. There is no section within the Order that references judicial interpretations, nor any annotation indicating that the instrument has been the subject of litigation. The document does not reference any tribunal, appeal, or court that has considered its validity or application. The only legal references are to statutory sections,section 269P as the power under which the Order is made and sections 269SC and 269SD as the mechanisms for revocation,which are statutory citations rather than judicial citations.

Consequences for legal research. The lack of litigation references in the instrument means that, on the face of this Order alone, one cannot identify any court decisions applying, construing, upholding, or setting aside this particular Tariff Concession Order. If litigation has occurred, the instrument does not record it. Any researcher needing the litigation history would therefore need to consult court databases, tribunal records, or administrative files external to this document. That subsequent litigation record is not contained in the text provided.

Procedural note. Because the Order is a delegated administrative act recorded with a transaction code (TC 0606864) and a signed date, an administrative or judicial challenge, if it occurred, would likely reference those identifiers. However, those identifiers are not tied to any litigation outcome in the document. The Order itself remains silent on any disputes or adjudicative processes.

The Order’s brevity obscures a number of practical risks and potential traps that arise from relying on the instrument alone. The text is formally precise but minimal. Below are concrete, source-grounded points that require attention.

No substantive content of Schedule 4 item 50 included. The Order ties goods to "the item in Part III of Schedule 4 to the Customs Tariff Act 1995 specified in Column 2," which is recorded as "50." The instrument does not reproduce the text of Schedule 4 item 50. Therefore users must not assume any particular tariff rate, concession specifics, or conditions based on the Order alone. Determining substantive legal effect requires consulting Part III of Schedule 4 in the Customs Tariff Act 1995. Relying solely on this Order for substance would be an error.

Description and classification must match. Column 1 pairs a tariff classification "8474.10.00" with a textual description "SCREENS, VIBRATORY." The Order is limited to goods that fall within that stated classification and description. Misidentification of the tariff classification or goods description on import entries would risk an incorrect reliance on the Order. The instrument’s scope is therefore as precise as the classification and textual description; importers and agents must ensure the goods they claim are the subject of the Order actually meet both elements.

No last date recorded. Column 2’s header indicates a place for "Last date of effect." The cell contains "50" and no date. The Order states it continues "until revoked under sections 269SC or 269SD of the Act, or the date, if any, specified in Column 2." A reader might assume an indefinite duration, but practical certainty requires monitoring for an inserted expiry or for revocation. The absence of a last date is a practical "gotcha" for planning, because the instrument’s ongoing status is contingent on administrative action that the instrument itself does not control.

Operative date precedes signatory date in the instrument. The Order declares it "shall have effect from 11.04.06" while it is signed "Dated 07 July 2006." That means the instrument records an operative commencement earlier than the signed date. Users should note that the Order’s text itself establishes the commencement date; the signature date is an administrative fact. The temporal mismatch is not an error in the instrument; it is a characteristic that can have implications for transactions that occurred between 11 April and 07 July 2006, because the instrument asserts its effect from the earlier date.

No enforcement, penalty or compliance specifics. The Order contains no guidance on documentation, verification, audits or penalties related to claiming the Schedule 4 item. Parties that rely on it must therefore treat the instrument as an entitlement that exists within a wider statutory and administrative regulatory framework. Absent express directions, reliance without other supporting records may expose declarants to audit or challenge under the broader customs law.

Single-entry scope. The Table contains one item only. The narrow scope means that any goods that differ slightly from the listed classification or textual description will fall outside the declared linkage. It is thus easy to over-claim the Order’s reach.

Administrative identifiers are necessary for tracing. The instrument contains "TC 0606864" and a signed date. If a user needs to confirm the ongoing validity or any subsequent administrative action, those identifiers are essential for locating the relevant departmental file.

The Order itself imposes no explicit compliance checklist, but it creates a narrowly specified legal position that parties must reflect accurately in import documentation and administrative practice. Compliance therefore consists mainly of correct identification, recordkeeping and monitoring.

1. Confirm goods match Column 1. Before claiming the Schedule 4 item, ensure the goods fall within tariff classification 8474.10.00 and are accurately described as "SCREENS, VIBRATORY." The Order ties the Schedule 4 entitlement to both the classification and the textual description. Do not rely solely on a colloquial or supplier description; verify that the tariff classification used on import declarations matches 8474.10.00.

2. Link claims to Schedule 4 item 50. The Order makes the listed goods "goods to which" Part III Schedule 4 item 50 applies. Any entry or customs declaration that claims the benefit created by the linkage should record or reference the Schedule 4 item number 50 to show the basis of the claim. The Order itself does not prescribe a particular form of notation, but inclusion of the schedule item on the declaration is the natural place to record the linkage.

3. Preserve documentary evidence. Even though the Order does not specify recordkeeping duties, good practice is to retain invoices, technical specifications, shipping documents, classification advice and any correspondence that supports that the goods match the tariff classification and description. Because the Order contains no enforcement text, audits or queries under the broader Customs Act could require documentary evidence that a declarant properly relied on the Order.

4. Monitor timing and revocation. The Order states it is effective from 11.04.06 and continues until revoked under sections 269SC or 269SD, or the date specified in Column 2. Because Column 2 contains no expiry date, importers must monitor for administrative revocation under those statutory provisions or for any subsequent instrument that amends or revokes the Order. Use the transaction code "TC 0606864" and the delegate’s signed date "07 July 2006" to trace any administrative follow-ups.

5. Use administrative identifiers in enquiries. If querying the customs administration about the Order, include the information on the instrument: Tariff Concession Order number (TC 0606864), operative date "Op. 11.04.06", tariff classification 8474.10.00, description "SCREENS, VIBRATORY", Schedule 4 item number 50, and the delegate signature date 07 July 2006. These identifiers facilitate locating the relevant administrative file.

6. Do not assume substantive tariff rates from this Order alone. The Order does not reproduce the text of Schedule 4 item 50 in the Customs Tariff Act 1995. To understand the substantive fiscal or regulatory effect of the linkage, consult Part III of Schedule 4, item 50, in the Customs Tariff Act 1995 and any related explanatory materials or administrative guidance. The Order only effectuates the linkage; it does not state the substantive terms of the Schedule 4 item.

7. Seek clarification where goods are borderline. If the goods might fall under a different tariff classification or if the description does not clearly match the physical product, seek a binding ruling or administrative advice rather than assuming the Order applies. The Order’s precision on classification means borderline cases require careful assessment.

8. Retain awareness of broader statutory obligations. Because the Order relies on the Customs Act 1901 for authority and revocation mechanisms, ensure compliance with customs obligations generally. The Order does not relieve importers of statutory duties under other provisions of the Customs Act or other laws.

Following these steps aligns practical behaviour with the instrument’s text: accurately identify goods, record the Schedule 4 item number when claiming its application, keep supporting evidence, monitor for revocation, and consult the substantive Schedule 4 text to confirm the exact legal effect.