Commonwealth Coat of Arms of Australia

 

Customs (International Obligations) Amendment (Australia–Fiji Defence Cooperation Agreement) ByLaw 2025

I, Cody Wilson, delegate of the ComptrollerGeneral of Customs, make the following bylaw.

Dated 10 February 2025

 

 

 

 

[signed]

Cody Wilson

Delegate of the ComptrollerGeneral of Customs

 

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Amendments

Customs (International Obligations) ByLaws 2023

13B  Goods for members etc. of a Fiji Visiting Force (item 11)

 

 

  This instrument is the Customs (International Obligations) Amendment (Australia–Fiji Defence Cooperation Agreement) By Law 2025.

 (1) Each provision of this instrument specified in column 1 of the following table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The later of:

(a) the day after this instrument is registered; and

(b) the day the Agreement between the Government of Australia and the Government of the Republic of Fiji on Cooperation in the Field of Defence and the Status of Visiting Forces, done on 20 October 2022 comes into effect.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce, by notifiable instrument, the day the Agreement enters into force.

 

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

  This instrument is made under section 271 of the Customs Act 1901.

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

1  Before section 14

Insert:

By-law

 (1) This section may be cited as Customs Bylaw No. 2500016.

Prescribed goods

 (2) For the purposes of item 11, the following are goods to which that item applies:

 (a) personal effects, furniture and household goods of a member or a dependant of the member, other than any of the following:

 (i) motor vehicles;

 (ii) cigarettes, cigars or tobacco;

 (iii) spirituous liquors;

 (b) a motor vehicle.

Conditions

 (3) Item 11 applies to those goods covered by paragraph (2)(a) subject to the following conditions:

 (a) the goods were imported during the period of six months beginning on the day a person covered by paragraph (2)(a) first arrived in Australia; and

 (b) the goods:

 (i) remain in the use, ownership and possession of the person; or

 (iii) are to be consumed by the person; and

 (c) the goods must not be transferred to another person, operated, sold, traded, exchanged, hired out, donated or otherwise disposed of for financial gain in Australia unless prior written approval has been obtained from the Collector.

 (4) Item 11 applies to the goods covered by paragraph (2)(b) subject to the following conditions:

 (a) only one motor vehicle may be imported by the member;

 (b) a motor vehicle imported by a member must not be transferred to another person, operated, sold, traded, exchanged, hired out, donated or otherwise disposed of for financial gain in Australia unless prior written approval has been obtained from a Collector.

Definitions

 (5) In this section:

Agreement means the Agreement between the Government of Australia and the Government of the Republic of Fiji on Cooperation in the Field of Defence and the Status of Visiting Forces, done on 20 October 2022.

Note: The Agreement could in 2025 be viewed on the Australian Parliament House website (http://www.aph.gov.au).

civilian component has the meaning given by Article 1 of the Agreement.

dependant has the meaning given by Article 1 of the Agreement.

member means a member of a Fiji Visiting Force or of its civilian component.

Visiting Force has the meaning given by Article 1 of the Agreement.