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Administered by: Home Affairs
Published Date 07 Mar 2019

I, Jo Crooks, delegate of the Comptroller-General of Customs, make the following notice under subsection 30A(3) of the Customs Act 1901 and subsection 33(3) of the Acts Interpretation Act 1901.

Dated: 6 March 2019

 

 

Jo Crooks

Commander

Northern Command, Border Patrol and Coordination Command

Australian Border Force

Delegate of the Comptroller-General of Customs

Part 1            Preliminary

1.01     Name of notice

                 This notice is the Exemptions under the Torres Strait Treaty Notice 2019.

1.02     Commencement

                 This notice commences on the day after it is published in the Gazette.

1.03     Interpretation

        (1)     As this notice is made under the Act, the Act applies to it and terms used that are defined in the Act have the meaning given by the Act.

           

        (2)     In this notice:

Act means the Customs Act 1901.

prohibited exports means:

(a)    goods the exportation of which is prohibited under the Customs (Prohibited Exports) Regulations 1958; and

(b)   goods mentioned in subsections 112A(1) and (3) of the Act.

.

Part 2            Exemptions

2.01     Exemptions – Protected Zone ship

        (1)     Subject to paragraph (2), a Protected Zone ship mentioned in paragraph 30A(3)(a) of the Act is exempt from sections 58, 64, 64ACB, 68, 113, 118 and 175 of the Act. 

        (2)     The exemption is subject to the following conditions:

(a)    the traditional inhabitant referred to in subparagraph 30A(3)(a)(i) of the Act must not be subject to a declaration under section 16 of the Migration Act 1958;

(b)   the exemption from section 175 only applies to the transfer of goods mentioned in paragraph 30A(3)(c) of the Act.

2.02     Exemptions – Importation and exportation of goods

        (1)     Subject to paragraph (2), the importation into Australia, or the exportation from Australia of goods mentioned in paragraph 30A(3)(c) is exempt from sections 68, 73, 74, 113, 115, 120, 127 and 129 of the Act. 

        (2)     The exemption is subject to the following conditions:

(a)    any traditional inhabitant mentioned in subparagraph 30A(3)(a)(i) for the Protected Zone ship must not be subject to a declaration under section 16 of the Migration Act 1958;

(b)   the exemption does not apply to the importation or exportation of goods that are prohibited imports, goods mentioned in subsection 51A(1) of the Act or prohibited exports.

Part 3            Revocation

3.01     Revocation of Gazette notices

Notices under subsection 30A(3) of the Act published in the Gazette GN 32 on 12 August 1986 are revoked.