Customs By-law No. 1104437 (Cth)

CUSTOMS ACT 1901

CUSTOMS TARIFF ACT 1995

PART II OF SCHEDULE 4

BY-LAW No. 1104437

I, Anthony Nicholas Seebach, 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. 1104437

Item 23A

Part II of Schedule 4

1. This by-law may be cited as Customs By-law No. 1104437.

1. Subject to the conditions below, item 23A in Part II of Schedule 4 to the Customs Tariff Act 1995 applies to goods donated by a person, company or organisation domiciled or established outside Australia to an organisation established in Australia for the purposes of performing work of a philanthropic nature and the donation was for disaster relief.

1. In paragraph 2, “disaster” means an event or circumstance declared a disaster by, or with the approval of, a Minister of the Commonwealth or a State or Territory under the law of the Commonwealth or a State or Territory.

1. Paragraph 2 does not apply where any person, company or organisation intends to sell, trade, exchange, hire out or use the goods for any commercial activities in Australia.

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.

1. This by-law shall be deemed to have taken effect on and from 1 January 2011.

Dated this 12^th day of April 2011.

(signed)

Anthony Nicholas Seebach

Delegate of the

Chief Executive Officer