Customs By-law No. 1300995

Link to law: https://www.comlaw.gov.au/Details/F2013L00347

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CUSTOMS ACT 1901
 
CUSTOMS TARIFF ACT 1995
 
SCHEDULE 4
 
BY-LAW No. 1300995
 
 
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 11
Schedule 4
 
1.       This by-law may be cited as Customs By-law No. 1300995.
 
2.       This by-law shall take effect on and from 1 March 2013.
 
3.       For the purposes of item 11 of Schedule 4 to the Customs Tariff Act 1995 the following goods are prescribed:
(a)     the personal effects, furniture and household goods (other than goods referred to in paragraph 5) of a member of a United States Visiting Force or the civilian component of such a force, or a dependant of such a person;
(b)     a motor vehicle imported by a member of a United States Visiting Force or the civilian component of such a force; and
 
(c)     goods (other than goods referred to in paragraphs 7 and 8) imported from the United States through military post offices by a member of the United States Forces or of the civilian component or a dependant, as follows:
 
(i)            personal consumables;
(ii)          goods of a kind which when in use are worn or carried on the person;
(iii)        goods which are normally carried in hand baggage when travelling;
(iv)        unsolicited gifts sent by persons resident overseas in recognition or appreciation of an occasion or event.
 
4.       The application of item 11 to the goods in paragraph 3(a) is subject to the following conditions:
(a)     the goods are imported at the time of first arrival of the member or dependant in Australia;
(b)     the goods remain in the use, ownership and possession of the member or dependant; and
(c)     the goods will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia within two years of the date of importation unless prior written approval has been obtained from the Collector.
 
5.       Paragraph 3(a) does not apply to motor vehicles, cigarettes, cigars, tobacco or spirituous liquors.
 
6.       The application of item 11 to the goods in paragraph 3(b) is subject to the following conditions:
(a)     the motor vehicle is owned and used during the period of six months immediately prior to the member's first departure for Australia, and remains in the use, ownership and possession of the member or, with the written permission of the Collector, of another member, for two years after the date of importation; or
(b)     the motor vehicle remains in the ownership and possession of the member or, with the written permission of the Collector, of another member, and is exported by the  member within three years of the date of importation or within such extended period as the Collector may allow.
 
7.       Paragraph 3(c) does not apply to goods where the value of the goods exceeds $US130.
 
8.       Paragraph 3(c) does not apply to motor vehicles, cigarettes, cigars, tobacco or spirituous liquors.
 
9.       For the purposes of this by-law, “member of the United States Visiting Force or of the civilian component or a dependant”, has the meaning expressed in Article 1 of the Agreement concerning the Status of United States Forces in Australia, which entered into force on 9 May 1963.
 
10.     For the purposes of this by-law, “at the time of the first arrival” means any time in a period commencing six months before the date of first arrival in Australia of a member of a United States Visiting Force or the civilian component of such a force or a dependant, to six months after that date.
 
11.     For the purposes of this by-law, “military post offices” means those U.S. postal establishments located at Alice Springs, N.T., Darwin, N.T., North West Cape, W.A., St. Peters, N.S.W., Woomera, S.A., Melbourne, Vic. and Canberra, A.C.T.
 
12.     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