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 not 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