Customs By-law No. 0709706 (Cth)

CUSTOMS ACT 1901

CUSTOMS TARIFF ACT 1995

PART I OF SCHEDULE 4

BY-LAW NO. 0709706

I, Sue Pitman, delegate of the Chief Executive Officer for the purposes of section 271 of the Customs Act 1901, hereby make the by-law set out in the Schedule below.

THE SCHEDULE

BY-LAW NO. 0709706

Item 8

Part I of Schedule 4

1. This by-law may be cited as Customs By-law No. 0709706.

1. This by-law shall take effect on the date that the Agreement enters into force for Australia.

1. Item 8 in Part I of Schedule 4 to the Customs Tariff Act 1995 applies to:

(a)    equipment, materials, motor vehicles, provisions and supplies (including bullets, ammunitions and other explosive devices), intended for the exclusive official use or consumption of the Philippines Visiting Force or its Civilian Component, provided:

(i)   the goods are imported by the Philippines Visiting Force; and

(ii)   the goods are intended to be used for combined training exercises or other activities mutually approved by the Philippines and Australia; and

(iii)the goods will not be operated, sold, leased, rented, traded, transferred to another person, or otherwise disposed of in Australia, except in accordance with the laws and regulations in force in Australia or the Agreement and under relevant conditions, including payment of the corresponding duty and tax, as well as in compliance with the requirements of the controls of trade and exchange as may be imposed by the Collector; and

(iv)if the goods are owned by the Philippines Visiting Force or its Civilian Components, the goods may only be disposed of in Australia:

(A)  by public sale, auction, tender or private treaty; and

(B)  with the express approval of the Collector; and

(C)  after the Service Authorities of the Philippines have offered them for sale at a reasonable price having regard to their condition and other relevant circumstances to the Australian Government unless the latter shall have indicated that it is not interested in their acquisition; and

(D)  subject to the Service Authorities of the Philippines being liable to pay any duties and taxes which would be payable on items so disposed of if they were imported by a private individual into Australia at the date of such disposal.

(b)    all fuel, oil and lubricants intended for exclusive use in Official Motor Vehicles, aircraft and vessels of the Philippines Visiting Force or its Civilian Component, provided:

(i)   the goods are imported by the Service Authorities of the Philippines; and

(ii)   the goods are to be used in connection with combined training, exercises or other activities mutually approved by the Philippines and Australia.

(c)    regulation military uniforms imported by a member of the Philippines Visiting Force for personal use.

1. For the purposes of this by-law, “Civilian Component” means the civilian personnel accompanying the Philippines Visiting Force who are employed in the service of or contracted by the Ministry/Department of Defense or Forces of the Philippines, and who are not stateless persons, nor nationals of, nor ordinarily resident in, Australia.

1. For the purposes of this by-law, “motor vehicles” means all motor vehicles, including motor cycles.

1. For the purposes of this by-law, “Official Motor Vehicles” means motor vehicles, including hired motor vehicles, which are exclusively in the service of the Philippines Visiting Force.

1. For the purposes of this by-law, “Philippines Visiting Force” means any body, contingent, or unit of the Forces of the Philippines when present in Australia, in connection with combined training, exercises or other activities mutually approved by the Philippines and Australia.

1. For the purposes of this by-law, the expression “of the Philippines Visiting Force” when used in relation to “vessels” or “aircraft” includes vessels and aircraft on hire or on charter for the exclusive service of the Philippines Visiting Force.

1. For the purposes of this by-law, “Service Authorities” means the authorities empowered by the law of the Philippines to exercise command or jurisdiction over members of the Philippines Visiting Force or its Civilian Component.

1. For the purposes of this by-law “the Agreement” means the Agreement between the Government of the Republic of the Philippines and the Government of Australia Concerning the Status of Visiting Forces of each State in the Territory of the other State, which was signed in Canberra on 31 May 2007.

1. 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 18th day of October 2007.

 (Signed)

Sue Pitman

Delegate of the

Chief Executive Officer