Customs By-law No. 9940007 (Cth)

CUSTOMS ACT 1901

CUSTOMS TARIFF ACT 1995

PART I OF SCHEDULE 4

BY-LAW NO. 9940007

I, LYNDALL MARIA MILWARD-BASON, 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. 9940007

Item 8

  Part I of Schedule 4

1. This by-law may be cited as Customs By-law No. 9940007.            

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

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

1995 applies to:  

(1) the personal effects, furniture and household goods            

(other than motor vehicles, cigarettes, cigars, tobacco        

or spirituous liquors), of a member of a New Zealand           

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) subject to sub-paragraph (iii) below, the goods          

remain in the use, ownership and possession of that      

person; and      

2

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

out, donated or otherwise disposed of in Australia       

within two years of the date of importation unless       

prior written approval which has been obtained from      

the Collector determines otherwise.  

(2) a motor vehicle imported by a member of a New Zealand          

Visiting Force or civilian component of such a force,          

being a motor vehicle:  

(i) owned and used during the period of at least three       

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 Collector, of another member,          

for two years after the date of importation; or          

(ii) not in the use, ownership or possession of the member    

during the period of at least three months               

immediately preceding his or her first departure for     

Australia, and which remains in the use, ownership       

and possession of that member, or, with the written      

permission of the Collector, of another member for       

two years after the date of its importation, or is       

exported by that member within two years of the          

date of importation or within such extended period       

as the Collector 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 New Zealand Concerning The Status of         

Their Forces, which was signed in Melbourne on 29 October 1998.    

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            

New Zealand 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 EIGHTH day of SEPTEMBER 1999.

LYNDALL MARIA MILWARD-BASON

Delegate of the Chief Executive Officer