Customs By-law No. 9940005

Administered by Attorney-General's Department

Legislation au F2009B00221 ByLaws Not in force Legislative Instrument

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                               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

 

Overview

The Customs By-law No. 9940005 was enacted in 1999 to address specific customs requirements for members of the United States Forces and their dependents, as well as the civilian component, who are stationed in Australia. This legislation was introduced to provide a streamlined process for the importation of personal effects, furniture, household goods, and other items by these individuals, ensuring that certain goods are exempt from customs duties and other restrictions. The by-law was created under the authority of the Customs Act 1901 and the Customs Tariff Act 1995, with the policy objective of facilitating the smooth relocation and continued service of United States personnel in Australia while maintaining appropriate customs oversight. The by-law outlines conditions under which certain goods, including personal effects and military uniforms, are exempt from duty when imported by members of the United States Forces or the civilian component, or their dependents. It also sets out specific provisions for the importation of motor vehicles and other goods through military post offices, ensuring that these items are subject to certain security conditions and restrictions on their use and disposal within Australia. This by-law was made by John David Fenning, a delegate of the Chief Executive Officer under the Customs Act 1901, to ensure compliance with the broader objectives of the Customs legislation and the Agreement concerning the Status of United States Forces in Australia.

Scope and Application

Customs By-law No. 9940005 applies specifically to goods imported by members of the United States Forces, civilian component personnel, or their dependents into Australia. This legislation is designed to provide certain concessions for these individuals who are in Australia for service-related purposes, ensuring that their personal effects and some military-related items are not unduly burdened by customs duties or other restrictions. The by-law delineates various categories of goods eligible for these concessions, such as personal effects, furniture, household goods, regulation military uniforms, and specific motor vehicles, provided they are used or owned under certain conditions. The by-law also covers goods imported through military post offices with a value not exceeding $US130. The application of this by-law is geographically confined to Australia, and it is subject to the conditions and limitations outlined within the legislation, including the requirement for security in certain cases and the need for written approval from the Collector for the sale or disposal of certain imported goods within Australia. The by-law extends its application through the Customs Tariff Act 1995, which provides the framework for tariff classifications and other relevant definitions.

Key Provisions

The by-law, Customs By-law No. 9940005, governs the importation of specific goods by members of the United States Forces, civilian components, or their dependents, in accordance with certain conditions. The by-law, effective from 15 April 1999, applies to personal effects, furniture, and household goods (excluding motor vehicles, cigarettes, cigars, tobacco, and alcoholic beverages) imported by members of the United States Forces or the civilian component, or their dependents, at the time of their first arrival in Australia. These goods must not be sold, traded, exchanged, hired out, donated, or otherwise disposed of within two years of importation unless prior written approval is obtained from the Collector and the duty payable on the goods is paid (Item 8(1)). The by-law also applies to regulation military uniforms imported by a member of the United States Forces for their use (Item 8(2)), motor vehicles imported by such members under certain conditions (Items 8(3) and 8(4)), and goods (excluding tobacco products, alcoholic beverages, or fur apparel) imported through military post offices with a value not exceeding $US130 (Item 8(5)). The term "security" in the by-law means that no security is required and must satisfy the Collector, and the by-law applies to the goods or class or kind of goods under this condition. The Customs By-law No. 9940005 imposes several obligations on the parties or entities it governs. Members of the United States Forces, civilian components, or their dependents must ensure that the goods they import meet the conditions specified in the by-law. They must not sell, trade, exchange, hire out, donate, or otherwise dispose of the imported goods within two years of importation without prior written approval from the Collector. For motor vehicles, the owner must retain possession of the vehicle for the required period or obtain written permission from the Collector to transfer ownership to another member. For goods imported through military post offices, the value must not exceed $US130. These obligations are essential to ensure compliance with the by-law and the Customs Tariff Act 1995. Failure to comply with the provisions of Customs By-law No. 9940005 may result in civil or criminal consequences. The specific offences, penalties, or consequences for breach are not detailed in the by-law itself, but it is likely that penalties would align with those provided under the Customs Act 1901 or the Customs Tariff Act 1995. Offences under these Acts can include fines, imprisonment, or both. For example, under the Customs Act 1901, a person who contravenes a by-law made under section 271 may be liable to a penalty not exceeding 100 penalty units or imprisonment for six months, or both, for a first offence. For subsequent offences, the penalties can be more severe, with fines not exceeding 500 penalty units or imprisonment for two years, or both. The maximum penalties are subject to change based on legislative amendments and the severity of the offence. It is essential for parties governed by the by-law to understand and comply with its provisions to avoid potential penalties.

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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.