Document ID: chunk:federal_register_of_legislation:C2004A05035:schedule:2:p1
Version: federal_register_of_legislation:C2004A05035
Segment Type: schedule
Provision Reference: sch 2 (pt 1/5)
Character Range: 9148–11702

Schedule 2—Transitional provisions

1 Definitions

   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 4 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 4 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 4 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 4 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 4 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 4 to the 1987 Act) ceases to have effect on 1