STATUTORY RULES
1970 No. 170
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REGULATIONS UNDER THE CUSTOMS ACT 1901-1968.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1968.
Dated this twenty-ninth day of October, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(Sgd.) D.L CHIPP
Minister of State for Customs and Excise.
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Amendment of the Customs Regulations†
1. Regulation 130 of the Customs Regulations is repealed and the following regulation inserted in its stead:—
“130. Subject to these Regulations, where import duty has been paid on a motor vehicle, drawback of import duty may be paid on the exportation of the motor vehicle from Australia if—
(a) the motor vehicle was a new motor vehicle when imported into Australia and either has not been used in Australia or has been used in Australia only for the purpose of being inspected or exhibited; or
(b) the motor vehicle—
(i) was purchased by a person who was, at the date of the purchase, temporarily resident in Australia;
(ii) was, when purchased, a new motor vehicle;
(iii) was exported from Australia within six months after having been so purchased or within such further time as the Comptroller, upon application made within that period of six months, allows; and
(iv) was, when so exported, still owned by that person.”.
2.—(1.) Subject to this regulation, where a motor vehicle complying with the conditions specified in paragraph (a) of regulation 130 of the Customs Regulations as amended by these Regulations, being a motor vehicle on which import duty has been paid, was exported from Australia on or after the first day of October, 1969, and before the commencement of these Regulations, drawback of import duty may be paid in respect of the exportation of the vehicle.
* Notified in the Commonwealth Gazette on 1970.
† Statutory Rules 1926, No. 203, as amended by Statutory Rules 1927, Nos. 17, 95 and 121; 1928, Nos. 47, 57, 74 and 95; 1929, Nos. 25, 56 and 127; 1930, Nos. 91, 138 and 140; 1931, Nos. 16,42 and 90; 1932, No. 90; 1933, Nos. 21, 105, 106 and 129; 1934, Nos. 109 and 127; 1935, Nos. 1, 41, 69 and 113; 1936, Nos. 49 and 163; 1938, No. 111; 1939, No. 157; 1940, Nos. 203 and 256; 1946, Nos. 127 and 161; 1947, Nos. 29, 83, 94 and 152; 1948, No. 156; 1949, Nos. 34, 78, 95 and 111; 1950, No. 17; 1951, Nos. 34, 38, 71, 99, 106, 109 and 159; 1952, No. 96; 1953, No. 102; 1954, No. 21; 1955, Nos. 15, 32 and 66; 1956, Nos. 71, 83, 91 and 127; 1957, Nos. 57 and 76; 1958, No. 86; 1959, No. 106; 1960, Nos. 29 and 70; 1961, Nos. 60 and 144; 1962, Nos. 102 and 103; 1966, Nos. 15 and 173; 1967, Nos. 9 and 179; 1968, No. 68; 1969, Nos. 69, 77, 133, 152 and 186.
20074/70—Price 5c 10/16.7.1970
(2.) Drawback of import duty is not payable under sub-regulation (1.) of this regulation on the exportation of a motor vehicle—
(a) if the motor vehicle was exported by a person who was, under regulation 135 of the Customs Regulations, exempt from the application of regulation 134 of those Regulations—unless the person includes a claim for payment of the drawback on a claim for drawback duly furnished to a Collector in accordance with sub-regulation (1.) of regulation 136 of the Customs Regulations before the expiration of three months after the commencement of these Regulations and the claim complies with the provisions of paragraph (b) of sub-regulation (2.) of regulation 136 of the Customs Regulations; or
(b) in any other case—unless a claim for drawback, in accordance with the form approved by a Collector, is delivered to a Collector, in duplicate, within three months after the commencement of these Regulations and the person making the claim has stated on the claim that, to the best of the knowledge, information and belief of that person, the motor vehicle has not been and was not intended to be re-landed in Australia.
(3.) Drawback of import duty is not payable under sub-regulation (1.) of this regulation on the exportation of a motor vehicle unless the claimant furnishes to a Collector evidence of the exportation of the motor vehicle within three months after the commencement of these Regulations or within such further period as a Collector allows.
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