Tariff Concession Order 0719766

The document operates around a small number of legal and practical concepts that the text expressly uses. These are (1) the statutory head of power under s 269P of the Customs Act 1901; (2) the declaratory function of a Tariff Concession Order; (3) the mapping of a tariff classification and textual description of goods into an item of Part III of Schedule 4 to the Customs Tariff Act 1995; and (4) temporal effect and revocation mechanics via sections 269SC and 269SD of the Customs Act.

The statutory head of power is invoked at the outset: the Order is "Under Section 269P of the Customs Act 1901." The text therefore treats s 269P as authorising the delegate to "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." That is the core declaratory concept: the instrument is not a substantive amendment to the Tariff Act, but an administrative declaration that certain described goods fall within an identified Schedule 4 item.

The Table itself embodies the technical classification concept. Column 1 couples a numerical customs tariff classification, 8431.39.00, with a detailed, closed-form list of parts described as "PARTS, AERIAL ROPEWAY, being ANY of the following:" and an alphabetised enumeration from (a) to (ao). That list functions as the operative description. Column 2 contains the Schedule 4 Item Number, here shown as 50, and a field for "Last date of effect" which in this extract is left blank. The header language in the preamble clarifies that the Order takes effect from 22.11.07 and continues "until revoked under sections 269SC or 269SD of the Act, or the date, if any, specified in Column 2."

Temporal and revocation mechanics are explicit. The operative commencement date is recorded as 22 November 2007. The instrument expressly contemplates three end points: automatic cessation if a (last) date is inserted into Column 2; revocation under s 269SC; or revocation under s 269SD. The text does not itself state how revocation is effected beyond naming those sections. The printed instrument includes administrative metadata: Op. 22.11.07; TC 0719766; a signature block with the date 29 February 2008 and the delegate's name Wendy Knowles, identified as "Delegate of the Chief Executive Officer."

Two ancillary observations flow directly from the text. First, the description is deliberately precise: the list is closed by language "being ANY of the following," which the instrument uses to define the scope of the goods to which the Schedule 4 item applies. Second, the same descriptive phrase "spring housings" appears twice in the list at items (aa) and (ah), a literal irregularity present in the supplied Table. The instrument, as printed, therefore contains that duplication as part of the operative description.

The text itself identifies the object of the Order as a set of goods: "PARTS, AERIAL ROPEWAY" of the types enumerated under tariff classification 8431.39.00. Parties directly affected by this declaration are those who handle, import, supply or account for those specifically described goods in the context of Australian customs and tariff administration. The instrument does not name classes of persons beyond the delegate who signed it, but its mechanics point to concrete stakeholders.

Primary affected parties are firms and individuals involved in the importation or classification of the listed components. The Order expressly links the listed goods to a Schedule 4 item, and therefore those dealing with axle clamp jaws; axles; brake linings; bullwheel repair kits; brake shoes; bumpers; bushings; circlips; cylinders; covers; clutches; flyweights; free wheel rings; guide rollers; grips; guiding sleeves; housings; indicators; keeper plates; levers; link pieces; pins; plates; rope lifters; running wheels; reels; spring housings; snap rings; shims; spacers; seat pads; stoppers; spring boxes; segments; torque spring covers; T connectors; towing stems; towing cables with fittings; tanks; and thrust discs will have to treat the Order as the authoritative administrative declaration that the Schedule 4 item specified in Column 2 applies to these goods, subject to the stated commencement and revocation mechanics.

Secondary affected parties include customs brokers, freight forwarders and declarants who prepare import declarations and must identify the correct tariff classification and any concessional treatment tied to a Schedule 4 item. The Order provides the technical reference (classification 8431.39.00, TC 0719766, Op. 22.11.07) that such parties would include in paperwork if they rely on the declared link between the goods and the Schedule 4 item.

Administrative actors inside the customs regime are also implicated. The instrument is signed by a delegate of the Chief Executive Officer and invokes the Customs Act 1901. That establishes a decision-maker and evidences an administrative route for both the granting of the declaration and its revocation under ss 269SC and 269SD. The Order therefore affects the exercise of administrative discretion by the customs authority in applying and, where relevant, withdrawing the declaration.

The text does not specify downstream commercial effects such as price movement, market entry or manufacturing incentives. It does not describe beneficiary identity beyond the goods themselves. It follows that parties whose commercial activities centre on the listed parts will be the practical users of the Order because the instrument supplies the declaratory legal basis for applying whatever Schedule 4 treatment the referenced Item 50 of Part III confers.

The instrument invests a narrowly described administrative right and implies practical obligations that flow from the use of that right. The explicit right conferred by the Order is the declaratory link: the goods specified in Column 1 "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." In operational terms, parties handling the listed goods acquire the administrative entitlement to treat those specific goods as subject to the Schedule 4 Item 50 identified in Column 2, from the operative date 22.11.07 and until the Order ceases to have effect by the mechanisms the Order names.

The Order does not itself set out compliance procedures, documentary requirements, or the substantive content of the Schedule 4 item. Therefore the specific duties that an importer, declarant or agent must discharge depend on the content of the relevant provisions of the Customs Act 1901 and the Customs Tariff Act 1995, which the Order expressly references. The text in front of you requires no further authorisation language beyond the declaration; it does not, for example, stipulate record-keeping periods or audit rights within its printed words.

Practical duties that follow from the instrument as printed are nevertheless implied by its function. A party electing to rely on the Order will need to satisfy the following factual and administrative preconditions derived from the text: the imported or supplied item must match the tariff classification 8431.39.00 and the textual description in Column 1; references to the Order in customs documentation should track the instrument identifiers (TC 0719766; Op. 22.11.07); and the party must account for the Order's temporal limits, because the Order remains in force "until revoked under sections 269SC or 269SD of the Act, or the date, if any, specified in Column 2."

Rights are therefore limited and conditional. The Order does not grant an indefinite or unconditional exemption within its text. Instead the right to treat the goods as falling within the specified Schedule 4 item persists only so long as the Order remains in effect under the mechanisms named. The delegate signature and date indicate the administrative provenance of that right, and the Schedule 4 Item Number 50 is the essential referent for any exercise of that right in dealings with customs.

The instrument contains no express penalties, no express statutory direction to other agencies, and no express duty to lodge specific forms. Those operational duties will be found in the broader statutory scheme referenced by the Order, not in the printed Order itself. Therefore the Order creates a narrowly defined, documentable right that is usable in conjunction with the broader statutory and administrative procedures of the customs regime.

The text supplied does not set out penalties, fines, criminal offences, or enforcement procedures. The instrument is declaratory and administrative in character; it states that the specified goods are those to which the relevant item in Part III of Schedule 4 to the Customs Tariff Act 1995 applies. The only operational control the Order itself identifies for ending that declaration is revocation, either under sections 269SC or 269SD of the Customs Act 1901 or by the insertion of a date in Column 2.

Because the Order does not contain penalty provisions, any enforcement response to misuse, misclassification or false claims is not described in the instrument itself. The text therefore leaves enforcement to the general statutory framework of the Customs Act 1901 and the Customs Tariff Act 1995, which are the Acts named in the instrument. The Order does not describe the procedures by which the customs authority would investigate or penalise incorrect assertions that goods fall within Item 50, nor does it specify administrative review avenues, infringement notices or criminal sanctions.

The only express enforcement-adjacent mechanism present is revocation. The preamble states the 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." This indicates that a principal means available to the authority is to withdraw the declaration administratively pursuant to the specified sections. The practical consequence of revocation is that the declaratory link between the listed goods and the Schedule 4 item would cease to apply from the date of revocation or the specified date in Column 2.

The instrument therefore provides no operational enforcement detail in its text. Any party seeking to understand penalties or enforcement processes in relation to claims under this TCO must consult the governing Acts and subsidiary administrative rules that are outside the printed instrument provided here. Within the supplied text, enforcement is limited to revocation as the control mechanism named.

The Order explicitly situates itself within two other statutes by reference. First, it is made "Under Section 269P of the Customs Act 1901." Second, it applies an item from "Part III of Schedule 4 to the Customs Tariff Act 1995." Those two references establish the instrument as an administrative adjunct to the statutory tariff regime.

Operationally, the Order functions as a bridge between the tariff classification system and a particular Schedule 4 item in the Tariff Act. The Table shows a tariff classification code, 8431.39.00, and a textual list of parts. The instrument declares that those listed goods are to be treated as goods to which the Schedule 4 Item specified in Column 2 (item number 50) applies. That is an interaction in which the administrative declaration gives effect , within the agency's administrative processes , to the statutory tariff schedule by naming the goods that fall under a particular Schedule 4 item.

The Order also expressly identifies the statutory routes for termination by citing sections 269SC and 269SD of the Customs Act 1901. This indicates that the instrument is subject to the revocation and variation powers that the Customs Act confers on the decision-maker. The Order therefore interacts with the revocation framework of the Customs Act. The instrument itself does not describe how those sections operate, but their naming places the Order within the legal ecosystem that governs the life cycle of Tariff Concession Orders.

The Order does not, in its text, attempt to amend the Customs Tariff Act 1995 or to create standalone statutory obligations outside of the declared mapping to Schedule 4. It is therefore an administrative instrument that depends on the underlying Acts for both its authority and for the broader legal consequences of relying on the declared Schedule 4 item. Any substantive duties, penalties or procedures that arise when the Schedule 4 item is applied will flow from those Acts rather than from the TCO itself.

No other statutes, regulatory instruments, or external policies are mentioned in the text supplied. The instrument therefore has a narrow, explicit interaction footprint: it is an order under s 269P that declares certain goods to be subject to an item in Part III of Schedule 4 of the Customs Tariff Act 1995 and that will remain so until the revocation routes provided in the Customs Act are exercised or a date is inserted in Column 2.

The printed material in the supplied source provides minimal amendment history. The operative notation "Op. 22.11.07" indicates that the Order operates from 22 November 2007. The Table also includes the notation "TC 0719766" as an administrative reference number. The signature block shows a date of 29 February 2008 and identifies Wendy Knowles as "Delegate of the Chief Executive Officer." No subsequent amendments, variations or revocation entries appear in the supplied document.

Column 2 of the Table is structured to carry both the Schedule 4 Item Number and a "Last date of effect." In the version supplied, the Schedule 4 Item Number is visible as "50" and the Last date of effect field is blank. The preamble language anticipates modification by stating the Order continues "until revoked under sections 269SC or 269SD of the Act, or the date, if any, specified in Column 2." The blank Last date of effect therefore indicates no fixed expiry date was recorded in this Table when printed. That is the only evidence in the instrument about potential temporal amendment: the structure allows for a later insertion of a date in Column 2 to effect a time-limited duration, but none appears in this copy.

No formal revocation, replacement or amendment instruments are attached or printed in the supplied pages. The document contains a single page Table and administrative footer referencing the delegate and the date, and it does not list earlier versions or later changes. Accordingly, from the text provided, the amendment history is limited to the initial operation on 22 November 2007, the administrative reference TC 0719766, and the signature date 29 February 2008. Any subsequent amendments or revocations would have to be evidenced by separate instruments or entries that are not present in the supplied material.

The supplied Order contains no reference to litigation, court proceedings, tribunal matters, objections or appeals. The text is a single administrative declaration that links the listed goods to Schedule 4 Item 50 under the authority of section 269P of the Customs Act 1901. No case names, judgments, appeals or judicial reviews are mentioned in the printed document.

Because the instrument does not record any disputes, and because it does not set out procedures for review or appeal within its text, the only inference the document supports is that no litigation history is recorded on this instrument itself. That is not the same as saying no challenges have ever occurred in the wider statutory system, only that the supplied TCO document makes no reference to any such matters.

If a user requires authoritative information on whether this Order has been the subject of litigation, they will need to consult external judicial records, tribunal databases or administrative appeal logs. The Order as printed does not contain a litigation chronology, nor does it attach or reference any decisions, internal reviews or legal proceedings.

The instrument contains a number of literal features and small anomalies that can cause errors in practical use if they are overlooked. These are strictly textual observations based on the supplied Table.

1. Precise textual scope. The Order defines scope by coupling a tariff classification 8431.39.00 with a closed list introduced by "being ANY of the following." Reliance on the Order requires that the physical article exactly fit within that descriptive enumeration. If an importer or declarant treats an unlisted part as covered, the declaration in this Order will not, on its face, support that classification. The document therefore requires precise matching between the goods and the named items.

2. Duplicate entry. The list at items (aa) and (ah) both read "spring housings." The duplication is part of the printed Table. That literal duplication could create confusion in indexing, automated checks or personnel referencing the Order. Users should note the duplication and treat it as an artefact of the printed instrument rather than as creating a substantively different category.

3. Schedule 4 Item Number versus last date placement. Column 2 includes both "Schedule 4 Item Number" and "Last date of effect." In the supplied document the numeric "50" appears under Column 2 and the last date field is blank. Practically, parties relying on the Order should not assume a zero or infinite term; the Order's text expressly conditions duration on three things: the operative date (22.11.07), revocation under ss 269SC or 269SD, or the date, if any, specified in Column 2. A blank date field means the Order remains in force until revoked, rather than automatically expiring on a printed date.

4. Administrative metadata. The instrument gives the administrative reference "TC 0719766" and the notation "Op. 22.11.07" along with the delegate signature dated 29 February 2008. In practice, documentary references and customs declarations should include these identifiers exactly as printed to avoid mismatches with agency electronic or paper records.

5. No tariff rate or operational procedure stated. The Order does not state the practical consequence of applying Item 50 of Part III of Schedule 4 (for example, whether it is concessional, conditional, or otherwise). Parties must therefore avoid assuming the substantive fiscal effect from this instrument alone; the Order only declares the mapping to the Schedule 4 Item, not the content of that Item.

6. Limited revocation information. The Order names ss 269SC and 269SD as the revocation routes but does not summarise how those processes operate. Users should therefore not rely on the Order for procedural clarity about how revocation will occur or about notice periods.

7. Scope confined to listed parts. The descriptor begins with "PARTS, AERIAL ROPEWAY," and all items are types of parts. Components that operate with aerial ropeways but are not on the list are not covered by this Order.

Being alert to these textual "gotchas" reduces the risk of relying on the Order in circumstances where the factual match is imprecise or where metadata mismatches trigger administrative queries.

The Order itself is concise and does not promulgate procedural requirements beyond its declaratory content. Compliance in the context of this Order therefore has two principal dimensions: (1) ensuring factual conformity between the physical goods and the precise descriptive list in Column 1 and the tariff heading 8431.39.00; and (2) using the Order's administrative identifiers and dates when engaging with customs processes and record-keeping.

Practical steps derived strictly from the text are as follows.

1. Confirm product match. Before attempting to rely on the Order, verify that the goods you seek to classify are one of the items listed under Column 1. The list is exhaustive as printed and uses the phrase "being ANY of the following." The listed items run from (a) axle clamp jaws to (ao) thrust discs. Ensure product descriptions, technical specifications, part numbers and supplier documentation demonstrably align with one of those listed categories.

2. Use the tariff classification and Order identifiers. The Table shows tariff classification 8431.39.00. The Order reference is TC 0719766 and the operative date is Op. 22.11.07. When lodging customs documentation or otherwise asserting the declared mapping to Part III Schedule 4 item 50, include these identifiers to facilitate matching in administrative systems.

3. Document provenance and traceability. Retain invoices, purchase orders, technical datasheets, and delivery documentation that tie the physical items to the exact description used in the Order. The instrument itself does not set record periods or formats, but the fact of a specific declaratory mapping means that supporting documentation will be the natural evidentiary source in any administrative review.

4. Monitor temporal status. The Order remains in force from 22.11.07 "until revoked under sections 269SC or 269SD of the Act, or the date, if any, specified in Column 2." Because the Last date of effect field in the supplied copy is blank, do not assume automatic expiry. Instead, arrange to monitor administrative publications, customs notices or the agency's register for any revocation or insertion of a last date. Failure to notice a revocation would expose a user to the risk that the declared mapping is no longer available.

5. Note duplicate language and avoid ambiguity. The list contains the term "spring housings" twice. When preparing documentation, reference the Order identifiers rather than relying on ordinal list numbers to avoid ambiguity caused by the duplication.

6. Coordinate with representatives. If a customs broker, freight forwarder or agent lodges the declaration on your behalf, ensure they are furnished with the Order reference (TC 0719766), the tariff classification (8431.39.00), the descriptive list and the operative date. Verify that they understand the limited scope of the Order to the listed parts.

7. Seek broader statutory detail if needed. The Order links the goods to Part III of Schedule 4 to the Customs Tariff Act 1995. The printed instrument does not set out the content of the Schedule 4 item or the customs procedures that give effect to it. If it is necessary to understand monetary effects, eligibility conditions, or procedural entitlements that flow from Item 50, consult the text of the Customs Tariff Act 1995 and the Customs Act 1901. The Order alone does not contain that information.

8. Retain the signed instrument. The copy supplied includes the delegate's signature and date "29 February 2008." Keep a copy of the signed instrument as evidence of the administrative declaration should questions arise in audits or reviews.

Following these steps will align an operational approach with the textual content and administrative metadata the Order provides. The Order is a narrow administrative instrument and compliance consists primarily in ensuring tight factual and documentary alignment with the printed list and in watching for revocation events.