Customs Amendment Regulation 2013 (No. 2) (Cth)

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Customs Amendment Regulation 2013 (No. 2)

Select Legislative Instrument No. 209, 2013

I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Customs Act 1901.

Dated 05 August 2013

Quentin Bryce

Governor‑General

By Her Excellency’s Command

Jason Dean Clare

Minister for Home Affairs

Contents

1............ Name of regulation............................................................................. 1

2............ Commencement.................................................................................. 1

3............ Authority............................................................................................ 1

4............ Schedule(s)......................................................................................... 1

Schedule 1—Amendments                                                                            2

Customs Regulations 1926                                                                      2

1Name of regulation

This regulation is the Customs Amendment Regulation 2013 (No. 2).

2Commencement

This regulation commences on the day after it is registered.

3Authority

This regulation is made under the Customs Act 1901.

4Schedule(s)

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Customs Regulations 1926

1  Regulation 42

Omit “, 71DE(5)(c)”.

2  Regulation 42

Omit “, RCR”.

3  Regulation 45

Repeal the regulation.

4  Regulation 97B

Repeal the regulation.

5  Subparagraph 98A(1)(a)(i)

Omit “or the ACEAN”.

6  Subparagraph 98A(2)(a)(ii)

Omit “or the ACEAN”.

7  Paragraph 128AA(1)(a)

Omit “a self‑assessed clearance declaration, an import declaration or an RCR”, substitute “a self‑assessed clearance declaration or, an import declaration”.

8  Schedule 2 (table items 38 and 39)

Repeal the items, substitute:

38 8702 and 8703

Vehicles having a gross vehicle weight of more than 3.5t, snowmobiles and other snowfield vehicles, Formula Ford racing cars, Prostock drag racing cars and vehicles commonly known as NASCAR racing cars

Vehicles specially designed to be driven by disabled persons while seated in a wheelchair

Single‑seat open‑wheel racing cars

Motorised golf cars

Vehicles:

(a) that are classified under subheading 8703.23.20 or 8703.23.90; and

(b) for which a written approval has been given under subsection 19(1) of the Motor Vehicle Standards Act 1989; and

(c) that comply with the regulations for Group 3B motor racing set out in “1997 Manual of Motor Sport” published by the Confederation of Australian Motor Sport

All‑terrain vehicles (also known as “ATVs”) that:

(a) are motorised off‑road vehicles; and

(b) are designed to travel on 4 wheels; and

(c) have a seat designed to be straddled by the operator; and

(d) have handle bars to control steering

39 8704

Vehicles having gross vehicle weight of more than 3.5 tonnes

Rock buggies, dumpers, shuttle dumpers, tailgate dumpers and the like

Motorised golf carts

Utility terrain vehicles (also known as “UTVs”) that:

(a) are motorised off‑road vehicles; and

(b) are designed to travel on 4 or more wheels; and

(c) have side‑by‑side seating; and

(d) have a cylinder capacity not exceeding 1 500 cm3; and

(e) have a steering wheel

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