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 Collector 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 Collector Regional Director determines otherwise;
and
(B) unless the Collector 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 CollectorRegional 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 CollectorRegional 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
Collector 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