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