Customs Act 1901

[ CCH Note: Pt 2 of Sch 1 of No 30 of 1996, commenced 15 July 1996, contains the following transitional and saving provisions:

36 Definitions  
36
In this Part:

CEO
means the Chief Executive Officer of Customs.

commencing time
means the time at which this Act commences.

CTCO
means a Commercial Tariff Concession Order having effect under Part XVA of the Customs Act as that Part is continued in force by section 20 of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992 .

Customs Act
means the Customs Act 1901 .

TCO
means a Tariff Concession Order in force under Part XVA of the Customs Act .

…

42 Revocation of certain by-laws and determinations  

42(1)
This items applies:

(a) to any by-law that was made under section 271 of the Customs Act and in force immediately before the commencing time; and

(b) to any determination made under section 273 of that Act and in force immediately before that time;

if that by-law or determination is taken to be made in relation to item 43, 45, 46, 52 or 56 of Schedule 34 to the Customs Tariff Act 1995 by virtue of item 2 of Schedule 2 to the Customs Tariff (Miscellaneous Amendments) Act 1996 .

(2)
A by-law or determination to which this item applies is to be taken to have been revoked with effect from the commencing time.

(3)
If:

(a) a person had, before the commencing time, requested that the CEO make a by-law under section 271 of the Customs Act to enable goods to be covered by an item referred to in subitem (1); and

(b) that request was still outstanding at that time;

that request is to be treated as if it were a request made under the Customs Act as amended by this Act.

(4)
If:

(a) a person had, before the commencing time, requested that the CEO make a determination under section 273 of the Customs Act to enable goods to be covered by an item referred to in subitem (1); and

(b) that request was still outstanding at that time;

that request is to be treated as if it were a request made under the Customs Act as amended by this Act.

43 Effect of revocation on goods in transit and capital equipment on order  

(1)
In this item:

revoked instrument
means:

(a) a TCO that is taken to have been revoked under item 37, 39 or 40 of this Schedule; or

(b) a by-law or determination that is taken to have been revoked under item 42 of this Schedule.

(2)
Subject to subitem (3), a revoked instrument ceases to apply in relation to goods entered for home consumption after the time when the revocation comes into effect.

(3)
Despite its revocation, the instrument continues to apply in relation to:

(a) goods that:

(i) were imported into Australia before the time when the revocation came into effect; and

(ii) are entered for home consumption before the commencing time, or on, or within 28 days after, the day when the commencing time occurs; and

(b) goods that:

(i) were in transit to Australia at the commencing time; and

(ii) are entered for home consumption before, on, or within 28 days after, the day on which they were imported into Australia.

(4)
For the purposes of subparagraph (3)(b)(i) of this item, goods are taken to be in transit to Australia only if they have left for direct shipment to Australia from a place of manufacture, or a warehouse, in the country from which they are being exported.

(5)
If an officer of Customs is satisfied that, after a revoked instrument in relation to made-to-order capital equipment comes into force but before its revocation in accordance with item 37, 39, 40 or 42 of this Schedule, a firm order had been placed for the purchase of any such equipment:

(a) if the instrument is a by-law or determination that is taken to have been revoked under item 42 of this Schedule the instrument continues to apply in relation to the importation into Australia of that equipment if the equipment is entered for home consumption on or before 15 February 1997; and

(b) in any other case the instrument continues to apply in relation to the importation into Australia of that capital equipment.

(6)
In this item:

made-to-order capital equipment
has the same meaning as in section 269SG of the Customs Act as amended by this Act.

Sch 2 of No 85 of 1996, commenced 1 July 1996, contains the following transitional provisions:

1 Definitions  
1
In this Schedule, unless the contrary intention appears:

CEO
means the Chief Executive Officer of Customs.

CTCO
means a Commercial Tariff Concession Order having effect under Part XVA of the Customs Act 1901 as that Part is continued in force by section 20 of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992 .

Customs Act
means the Customs Act 1901 .

heading
, in relation to the 1987 Act or the 1995 Act, means a heading or subheading in Schedule 3 to the Act or the Act as proposed to be altered by a Customs Tariff alteration proposed in the Parliament.

item
, in relation to the 1987 Act or the 1995 Act, means an item in Schedule 34 to the Act or the Act as proposed to be altered by a Customs Tariff alteration proposed in the Parliament.

partial concordance
means the instrument prepared by the CEO under item 34 of this Schedule.

TCO
means a Tariff Concession Order in force under Part XVA of the Customs Act 1901 .

1987 Act
means the Customs Tariff Act 1987 .

1995 Act
means the Customs Tariff Act 1995 .

2 By-laws and determinations made or taken to have been made in relation to the 1987 Act  

(1)
This item applies to a by-law made under section 271 of the Customs Act or a determination made under section 273 of that Act that was in force immediately before 1 July 1996.

(2)
If:

(a) a by-law or determination to which this item applies was made in relation to item 1A, 1C, 1D, 1E, 7, 13, 15, 27, 28A, 34, 39A, 40A, 43, 45, 46, 47, 48, 49, 52, 56, 57, 59 or 62 in Schedule 4 to the 1987 Act; or

(b) a determination to which this item applies was made in relation to item 41A in Schedule 34 to the 1987 Act;

then, on and after 1 July 1996:

(c) the by-law or determination is taken to have been made in relation to the item having the same item number (whether alphanumerical or not) in Schedule 34 to the 1995 Act; and

(d) the by-law or determination has effect as if the reference in it to that item were a reference to the item having the same item number (whether alphanumerical or not) in Schedule 34 to the 1995 Act.

(3)
Subitem (2) does not affect the operation of the by-law or determination in relation to the 1987 Act.

(4)
Any other by-law or determination to which this item applies (including any by-law or determination that was taken to have been made in relation to an item in Schedule 34 to the 1987 Act) ceases to have effect on 1 July 1996.