Customs By-law No. 9940005 (Cth)

CUSTOMS ACT 1901

CUSTOMS TARIFF ACT 1995

PART I OF SCHEDULE 4

BY-LAW NO. 9940005

I, JOHN DAVID FENNING, 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.

In the by-law set out in the Schedule below –

"security" means that security shall be given to and to the     

satisfaction of the Collector 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 the by-law set out in the Schedule, 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 Schedule 3  

to the Customs Tariff Act 1995.

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

reference in the by-law set out in the Schedule 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 applies.

THE SCHEDULE

BY-LAW NO. 9940005

Item 8

Part I of Schedule 4

1. This by-law may be cited as Customs By-law No. 9940005.            

2. This by-law shall take effect on and from 15 April 1999.           

3. Item 8 in Part I of Schedule 4 to the Customs Tariff Act 1995

applies to goods, being:  

(1) the personal effects, furniture and household goods (other     

than motor vehicles, cigarettes, cigars, tobacco or            

alcoholic beverages) of a member of the United States Forces   

or of the civilian component or of a dependent, subject to     

the following conditions:  

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

of the member to take up service in Australia or in the    

case of a dependent at the time of the first arrival of    

the dependent to join a member; and  

(b) the goods will not be sold, traded, exchanged, hired        

out, donated or otherwise disposed of in Australia         

within a period of two years immediately after the date    

of their importation, unless:  

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(i) prior written approval has been obtained from the     

Collector; and  

(ii) unless the Collector determines otherwise, the duty   

which would have been otherwise payable on the        

goods on the date on which they were entered for      

home consumption is paid;  

(2) regulation military uniforms imported by a member of the       

United States Forces, for that person's use;                   

(3) motor vehicles imported by a member of the United States       

Forces or of the civilian component, being goods as follows:   

(a) a motor vehicle owned and used outside Australia by        

the member during the period of six months immediately     

preceding his 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 Collector, of another member during      

the period two years immediately after the date of its     

importation, UNDER SECURITY;            

(b) a motor vehicle for the personal use of the member, not    

being a motor vehicle of a kind described in the           

preceding sub-paragraph, which will be exported within     

three years from the date of its importation or within     

such extended period as may be approved by the             

Collector, UNDER SECURITY.  

With the written permission of the Collector a motor       

vehicle imported under this sub-paragraph may be           

transferred to another member provided that it is          

exported by the latter member within three years from      

the date of its importation or within such extended        

period as may be approved in writing by the Collector,     

UNDER SECURITY;  

(4) goods (other than tobacco products, alcoholic beverages or     

fur apparel) imported from the United States through           

military post offices by a member of the United States         

Forces or of the civilian component or a dependent, that have  

a value not exceeding $US130, being goods as follows:          

(a) goods which are personal consumables or goods of a kind    

which when in use are worn or carried on the person or     

goods which are normally carried in hand baggage by a      

member of the United States Forces or of the civilian      

component or a dependent when travelling, and are          

required to fill a current need;  

(b) unsolicited gifts sent by persons resident overseas in     

recognition or appreciation of an occasion or event,       

which would not usually occur more than once annually.     

4. For the purposes of this by-law, "member of the United States      

Forces or of the civilian component or a dependent", has the       

meaning expressed in Article 1 of the Agreement concerning the     

Status of United States Forces in Australia, which entered into    

force on 9 May 1963, ie.,                      

(a) "member of the United States Forces" means a person            

belonging to the land, sea or air armed services of the        

United States in Australia in connection with activities       

agreed upon by the Governments of Australia and the United     

States of America, other than those for whom status is         

provided for otherwise (eg., a person having diplomatic        

or consular status);                  

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(b) "member of the civilian component" means a civilian person     

in Australia in connection with activities agreed upon by      

the Governments of Australia and the United States of          

America, who is neither a national of, nor ordinarily          

resident in Australia, but who is:  

(i) employed by United States Forces or by military sales     

exchanges, commissaries, officers' clubs, enlisted        

men's clubs or other facilities established for the       

benefit or welfare of United States personnel and         

officially recognised by the United States authorities    

as non-appropriated fund activities; or                   

(ii) serving with an organisation which, with the approval     

of the Government of Australia, is accompanying the       

United States Forces;   

(c) "dependent" means a person in Australia who is the spouse      

of, or other relative who depends for support upon, a member   

of the United States Forces or of the civilian component.      

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

arrival" means any time in a period extending from six months      

before to six months after the date of first arrival in            

Australia of the member or dependent, as the case may be, or       

such further period as the Collector may allow.  

6. For the purposes of this by-law, "military post offices" means     

those U.S. postal establishments located at Alice Springs, N.T.,   

at North West Cape, W.A., at St. Peters, N.S.W., at Woomera,       

S.A., at Melbourne, Vic. and at Canberra, A.C.T.                   

7. 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 seventh day of April 1999.

JOHN DAVID FENNING

           Delegate of the Chief Executive Officer