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Customs By-law No. 1300978

Authoritative Version
By-laws as made
This by-law applies to personal goods for a Malaysian Visiting Force.
Administered by: Home Affairs
Made 25 Feb 2013
Registered 27 Feb 2013
Tabled HR 12 Mar 2013
Tabled Senate 28 Feb 2013

CUSTOMS ACT 1901

 

CUSTOMS TARIFF ACT 1995

 

SCHEDULE 4

 

BY-LAW No. 1300978

 

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. 1300978.

 

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 Malaysian Visiting Force or the civilian component of such a force, or a dependant of such a person; and

 

(b)     a motor vehicle imported by a member of a Malaysian Visiting Force or the civilian component of such a force.

 

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.       For the purposes of this by-law, “Visiting Force”, “civilian component” and “dependant” have the meaning expressed in Article 1 of the Agreement between the Government of Australia and the Government of Malaysia concerning the Status of Forces, which entered into force on 22 July 1999.

 

8.       For the purposes of this by-law, “at the time of first arrival” means any time during the period commencing on the date of first arrival in Australia of a member of a Malaysian Visiting Force or the civilian component of such a force or a dependant, to six months after that date.

 

9.       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