Customs By-law No. 1243872 (Cth)

CUSTOMS ACT 1901

CUSTOMS TARIFF ACT 1995

SCHEDULE 4

BY-LAW No. 1243872

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 13

Schedule 4

1.       This by-law may be cited as Customs By-law No. 1243872.

2.       This by-law shall take effect on and from 1 March 2013.

3. For the purposes of item 13 of Schedule 4 to the Customs Tariff Act 1995, goods imported by traditional inhabitants of the area covered by the Torres Strait Treaty, for the use by such traditional inhabitants in the performance of traditional activities in, or in the vicinity of, the Protected Zone, are prescribed.

4.       For the purposes of this by-law, “traditional inhabitants” means persons who:

(a)     are Torres Strait Islanders who live in the Protected Zone or the adjacent coastal area of Australia;

(b)     are citizens of Australia; and

(c)     maintain traditional customary associations with areas or features in, or in the vicinity of, the Protected Zone, in relation to their subsistence or livelihood or social, cultural or religious activities.

5.       For the purposes of this by-law, “traditional activities” includes:

(a)     activities on land, including gardening, collection of food and hunting;

(b)     activities on water, including traditional fishing;

(c)     religious and secular ceremonies or gatherings for social purposes, for example, marriage celebrations and settlement of disputes; and

(d)     barter and market trade.

6.       For the purposes of this by-law, “Protected Zone” means the zone established under the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that Treaty.

7.       For the purposes of this by-law, “in the vicinity of” means an area adjacent to the Protected Zone declared by the Minister, by virtue of a notice published in the Gazette, to be an area in the vicinity of the Protected Zone.

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 eleventh day of February 2013.

(Signed)

Geoff Johannes

Delegate of the

Chief Executive Officer