Customs By-law No. 9740009 (Cth)

CUSTOMS ACT 1901

CUSTOMS TARIFF ACT 1995

PART I OF SCHEDULE 4

BY-LAW NO. 9740009

I, MARION ESTELLE GRANT, 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 hereto.

In a by-law set out in the Schedule hereto -

“security” means that security shall be given to and to the satisfaction of the Regional Director and that the giving of such security is a condition subject to which that by-law item applies to the goods or the class or kind of goods so conditioned.

Unless the context otherwise requires, where a description of goods is specified in a by-law set out in the Schedule hereto, the goods to which that by-law applies by virtue of that description are such goods to which that description would apply if it were specified in the tariff classification in Schedule 3 to the Customs Tariff Act 1995.

Unless the context otherwise requires, any word or phrase used in a    

reference in a by-law set out in the Schedule hereto has the same      

meaning as if it were used in the tariff classification in Schedule 3  

to the Customs Tariff Act 1995 that applies to those goods to which

that reference in that by-law applies.  

        THE SCHEDULE

BY-LAW NO. 9740009

Item 8

Part I of Schedule 4

1. This by-law may be cited as Customs By-law No. 9740009.

2. This by-law shall take effect on and from 24 August 1997.          

3. Item 8 in Part I of Schedule 4 to the Customs Tariff Act

1995 applies to:  

(1) the personal effects (including military uniforms),            

furniture and household goods (other than motor vehicles,      

cigarettes, cigars, tobacco or spirituous liquors), of a       

member of a Malaysian Visiting Force or civilian                

component of such a force, or a dependant, provided:           

(i) the goods are imported at the time of first arrival      

of that person in Australia; and  

(ii) the goods remain in the use, ownership and               

possession of that person; and  

2

(iii) the person lodges an undertaking with the Regional Director that  

   the goods will not be sold, traded, exchanged, hired      

out, exchanged or otherwise disposed of in Australia     

within two years of the date of importation:              

  (A)  unless prior written approval which has been        

     obtained from the Regional Director determines otherwise;    

and                 

   (B)  unless the Regional Director determines otherwise, the duty 

      which would have otherwise been payable on the       

       goods on the date on which they were entered for    

      home consumption is paid;    

(2) a motor vehicle imported by a member of a Malaysian            

Visiting Force or civilian component of such a force,          

being a motor vehicle:  

(i) owned and used during the period of six months            

immediately prior to that member's first                 

departure for Australia, provided that the motor         

vehicle remains in the use, ownership and                

possession of that member or, with the written           

permission of the Regional Director, of another member, for two   

years after the date of importation; or                   

(ii) not imported pursuant to the preceding subparagraph,     

and which remains in the ownership and possession        

of that member, or, with the written permission of       

the Regional Director, of another member, and is exported by      

that member within three years of the date of             

importation or within such extended period as the         

Regional Director may allow,         

UNDER SECURITY.     

4. For the purposes of this by-law, "Visiting Force", "civilian       

component" and "dependant" have the meaning expressed in           

Article 1 of the Agreement Between The Government of Australia     

and The Government of Malaysia Concerning The Status of            

Forces, which was signed in Kuala Lumpur on 3 February 1997.       

5. For the purposes of this by-law, "at the time of first             

arrival" means any time during the period extending from           

the date of first arrival in Australia of a member of a            

Malaysian Visiting Force or civilian component of such a           

force or a dependant, to six months after that date.                

6. 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 fifteenth day of July 1997.

MARION ESTELLE GRANT

Delegate of the Chief Executive Officer