Customs By-law No. 0140001

Administered by Department of Home Affairs

Legislation au F2008B00305 ByLaws Not in force Legislative Instrument

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Customs Act 1901

Customs Tariff Act 1995

PART III OF SCHEDULE 4

BY-LAW No. 0140001

I, Tom MarshalL, 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.

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. 0140001

Item 59

Part III of Schedule 4

1. This by-law may be cited as Customs By-law No. 0140001.            

2. This by-law is deemed to have taken effect on and from             

   1 February 2001.                                                   

3. Item 59 in Part III of Schedule 4 to the Customs Tariff Act 1995   

   applies to used or secondhand passenger motor vehicles             

   classified under heading 8703 of Schedule 3 to that Act, if the    

   importation has been approved in writing by the Minister for       

   Transport and Regional Services in accordance with one of the      

   following circumstances prescribed under section 20 of the         

   Motor Vehicle Standards Act 1989:                                  

   (a) vehicles covered by Regulation 9B of the Motor Vehicle         

       Standards Regulations; or                                      

   (b) vehicles, first manufactured to Australian Design Rules,       

       covered by Regulation 9C of the Motor Vehicle Standards        

       Regulations; or                                                

   (c) vehicles, imported by an Australian citizen or an Australian   

       permanent resident or a person who has applied to become an    

       Australian citizen or an Australian permanent resident,        

       covered by Regulation 9D of the Motor Vehicle Standards        

       Regulations; or                                                

   (d) vehicles covered by Regulation 9E of the Motor Vehicle         

       Standards Regulations; or                                      

   (e) vehicles, which are fifteen years or more old, covered by      

       Regulation 9F of the Motor Vehicle Standards Regulations; or   

   (f) vehicles, used for evaluation and research or for tests to     

       establish whether vehicles of a particular type comply with    

       national standards, covered by Regulation 9G(a) of the         

       Motor Vehicle Standards Regulations; or                        

   (g) vehicles to be used in road racing or rally competition or     

       vehicles to be used in providing support to a road vehicle     

       in road vehicle racing or rally competition and has been       

       built, modified or adapted for that purpose and covered by     

       Regulations 9G paragraphs (b) and (c) of the Motor             

       Vehicle Standards Regulations; or                              

   (h) vehicles of a type not generally available in Australia and    

       imported primarily for exhibition and covered by               

       Regulation 9G(d) of the Motor Vehicle Standards Regulations.   

4. 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 7th day of June 2001.

TOM MARSHALL
Delegate of the Chief Executive Officer

Overview

The Customs By-law No. 0140001, made under the authority of the Customs Act 1901, came into effect on 1 February 2001. This by-law is designed to address the specific classification and regulation of used or second-hand passenger motor vehicles imported into Australia, as stipulated in the Customs Tariff Act 1995. The by-law applies to vehicles classified under heading 8703 of Schedule 3 to the Customs Tariff Act 1995, subject to approval from the Minister for Transport and Regional Services, in accordance with various circumstances outlined in the Motor Vehicle Standards Act 1989. The policy objective appears to be ensuring that such importations comply with national standards and regulations, while also catering to specific exemptions and purposes such as evaluation, research, exhibition, and competition use.

Scope and Application

The Customs By-law No. 0140001 applies specifically to the importation of used or secondhand passenger motor vehicles classified under heading 8703 of Schedule 3 to the Customs Tariff Act 1995. This by-law is relevant to entities and individuals who seek to import such vehicles, provided that the importation has been approved in writing by the Minister for Transport and Regional Services under one of the specified circumstances outlined in the Motor Vehicle Standards Act 1989. These circumstances include vehicles covered by specific regulations such as Regulations 9B to 9G of the Motor Vehicle Standards Regulations, which detail various exemptions and conditions for importation. The by-law operates on a Commonwealth level and is in effect from 1 February 2001. It does not specify any exclusions beyond those outlined in the Motor Vehicle Standards Regulations, which are detailed in the by-law itself. The scope of this by-law is extended through subordinate instruments which define the specific regulations and conditions under which the importation of used or secondhand passenger motor vehicles is permissible.

Key Provisions

The main operative sections of Customs By-law No. 0140001 pertain to the importation of used or secondhand passenger motor vehicles that fall under heading 8703 of Schedule 3 to the Customs Tariff Act 1995 (section 3). This by-law applies if the importation has been approved in writing by the Minister for Transport and Regional Services in accordance with specific circumstances outlined in section 20 of the Motor Vehicle Standards Act 1989. These circumstances include vehicles covered by various regulations such as Regulations 9B, 9C, 9D, 9E, 9F, 9G(a), 9G(b), 9G(c), and 9G(d) of the Motor Vehicle Standards Regulations. Each of these regulations specifies particular conditions under which the importation of the vehicles is permissible. The Customs By-law No. 0140001 imposes several obligations on parties or entities involved in the importation of the specified vehicles. Firstly, it mandates that the importation must be approved in writing by the Minister for Transport and Regional Services. Secondly, it requires adherence to the specific conditions outlined in the various regulations of the Motor Vehicle Standards Regulations. These conditions include, but are not limited to, the vehicle being covered by Regulation 9B, 9C, 9D, 9E, 9F, 9G(a), 9G(b), 9G(c), or 9G(d). This ensures that the importation process is conducted in compliance with the relevant legislative requirements, thereby maintaining the integrity and safety standards of the imported vehicles. Breaches of the Customs By-law No. 0140001 can result in both civil and criminal consequences. While the specific penalties are not detailed in the by-law itself, under the Customs Act 1901, penalties for non-compliance can include fines and imprisonment. The exact penalties would be determined based on the severity and nature of the breach, and could potentially include substantial financial penalties and imprisonment terms. It is imperative for those involved in the importation process to fully understand and comply with the by-law to avoid these potential consequences.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.