{"id":"F2018L00073","name":"Customs By-law No. 1700581","slug":"customs-by-law-no-1700581","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96713,"registerId":"commonwealth-F2018L00073-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Customs By-law No. 1700581","content":"CUSTOMS ACT 1901\n\nCUSTOMS TARIFF ACT 1995\n\nSCHEDULE 4\n\nBY-LAW No. 1700581\n\nI, David Coyles, delegate of the Comptroller-General of Customs, under section 271 of the Customs Act 1901 and subsection 33(3) of the Acts Interpretation Act 1901:\n\n1. revoke the by-law cited as Customs By-Law No. 1300942 and\n\n2. make the by-law set out in the Schedule below.\n\nTHE SCHEDULE\n\nBY-LAW No. 1700581\n\nItem 15\n\nSchedule 4\n\n1. This by-law may be cited as Customs By-law No. 1700581.\n\n2. This by-law takes effect on and from 1 February 2018.\n\n3. For the purposes of Item 15 Schedule 4 to the Customs Tariff Act 1995, the goods that are specified in Column 1 of the Table (the Table) below are prescribed.\n\n4. The application of Item 15 to the goods in the Table are subject to:\n\n(a) paragraph 5; and\n\n(b) the exceptions and conditions, if any, set out in Column 2 of the Table opposite those goods.\n\n5. The goods must:\n\n(a) not be commercial goods; and\n\n(b) be personal goods.\n\n6. In this by-law:\n\nadult means a person 18 years or over;\n\narriving person means a passenger or crew member who was on board a ship or aircraft which arrived in Australia from a place outside Australia;\n\narriving resident means a person who arrives in Australia and intends immediately to take up or resume residence in Australia; and\n\n(a) is an Australian citizen for the purposes of the Australian Citizenship Act 2007 (as amended from time to time); or\n\n(b) holds a permanent visa within the meaning of the Migration Act 1958 (as amended from time to time); or\n\n(c) holds a special category visa within the meaning of the Migration Act 1958 (as amended from time to time);\n\ncommercial goods means goods that:\n\n(a) are intended to be used by the arriving person for a commercial purpose, including sale, lease, hire or exchange; or\n\n(b) are goods that have been imported in such a quantity that, having regard to their nature or durability, that quantity represents a commercial quantity;\n\nfamily means:\n\n(a) 2 people who are married, and any of their children who are under the age of 18 years; or\n\n(b) a person and his or her de facto partner (within the meaning of the Acts Interpretation Act 1901), and any of their children who are under the age of 18 years;\n\npersonal goods means goods that:\n\n(a) are the property of an arriving person; and\n\n(b) are suitable, and are intended, for use by the arriving person;\n\nbut do not include motor vehicles or motor vehicle parts;\n\ntobacco products mean cigarettes, cigars or other products containing tobacco;\n\nused in relation to the expression “personally owned and used” means being available for use for their intended purpose by the arriving person or arriving resident on a continuing basis in each country in which that person was residing on a long term basis.\n\n \nTHE TABLE\n\n| Column 1Goods | Column 2Exceptions and Conditions |\n| ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| (1) Goods, as follows:(a) personal clothing of all kinds including footwear;(b) articles for personal hygiene or grooming. | (1) The goods must be imported by an arriving resident.(2) Except fur apparel and perfume concentrates. |\n| (2) Goods, as follows:(a) non-motorised caravans;(b) non-motorised box, boat or similar trailers;(c) boats designed for use in sheltered waters for sport or recreation, conforming to one of the following specifications:(i) boats propelled by manual or pedal power;(ii) sailing boats that:(a) do not exceed 1,000 kilograms unladen weight;(b) do not incorporate any device for propelling the boat by power; and(c) are not of the deep keel type; or(iii) powered boats that:(a) do not exceed 7 metres in length, overall;(b) do not exceed 2.5 metres in width at any section; and(c) do not exceed 1,250 kilograms unladen weight when imported with driving units and transmissions, or 800 kilograms unladen weight when imported without driving units and transmissions. | (1) The goods must be imported by an arriving resident.(2) If the person is part of a family, only one article selected from each of the three groups (a), (b) and (c) (specified in Column 1) will be allowed for the family per three years.(3) If the person is not part of a family, only one article selected from each of the three groups (a), (b) and (c) (specified in Column 1) will be allowed for the person per three years.(4) The person must :(a) be an arriving resident; and(b) have personally owned and used the goods overseas for the twelve months preceding the person’s departure for Australia.(5) If the goods are a boat specified in Table Item 2(c), they will not be sold or otherwise disposed of in Australia by or on behalf of the arriving resident, within two years after the date of importation of the goods. |\n\n| Column 1Goods | Column 2Exceptions and Conditions |\n| -------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| (3) Aircraft of all types, having not more than one propulsion motor. | (1) The goods must be imported by a person who is an arriving resident and who is an adult.(2) If the person is part of a family, only one aircraft will be allowed for the family.(3) If the person is not part of a family, only one aircraft will be allowed for the person.(4) The person must have personally owned and used the goods overseas for the six months preceding the person’s departure for Australia.(5) The goods must not be sold or otherwise disposed of in Australia by or on behalf of the arriving person, within two years after the date of importation of the goods. |\n| (4) Machinery, plant and equipment, not covered by a preceding Item. | (1) The goods must be imported by a person who is an arriving resident and who is an adult.(2) The person must have personally owned and used the goods overseas for the twelve months preceding the person’s departure for Australia.(3) The person must intend to use the goods or be in a position to use the goods.(4) The goods will, for a continuous period of two years, be put to use in Australia by the person for the purpose for which they are intended.(5) The goods will not be sold, leased, hired, mortgaged or otherwise disposed of, by or on behalf of the person, before the expiration of the two year period referred to in sub-paragraph (4) of this condition. |\n| (5) Fur apparel, personal effects, furniture and household goods, not covered by a preceding Item. | (1) The goods must be imported by an arriving person.(2) The person must have personally owned and used the goods overseas for the twelve months preceding the arriving person’s departure for Australia.(3) Except alcoholic beverages and tobacco products. |\n\n7. For the purposes of this by-law, the “Customs Tariff Act 1995” means the Customs Tariff Act 1995.\n\nDated this 29th day of January 2018.\n\n \n \n(Signed) \nDavid Coyles\n\nDelegate of the\n\nComptroller-General of Customs","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument expressly revokes Customs By‑Law No. 1300942 and substitutes the new By‑law No. 1700581 (preamble). That is a formal change of instrument. The text provided sets out the current categories, conditions and definitions that govern Item 15 imports but does not include the revoked by‑law’s text, so the supplied material alone does not permit determination of whether the substantive scope (broadened, narrowed or unchanged) differs from the earlier by‑law; a direct comparison to By‑Law No. 1300942 is required to identify substantive changes."},"complexity_factors":["Multiple defined terms that change entitlement and evidentiary requirements (arriving person, arriving resident, adult, personal goods, commercial goods) (clause 6).","Goods are grouped by item with differing, item‑specific conditions and exceptions in the Table (Schedule Item 15, Table columns).","Ownership/use look‑back periods vary by item (six months for aircraft; twelve months for many others) creating different proof burdens (Table Items 2, 3, 4, 5).","Quantity, family versus individual allocation rules and multi‑year limits (e.g. one article per group per three years for families/individuals for Item 2) increase administrative complexity (Table Item 2(2)-(3)).","Technical size/weight/measurement thresholds for boats and powered craft introduce precise compliance checks (Table Item 2(c)).","Temporary non‑sale/disposal prohibitions (commonly two years for specified items) create ongoing post‑import compliance obligations (Table Items 2(5), 3(5), 4(5)).","Enumerated exclusions (fur apparel, perfume concentrates, alcoholic beverages, tobacco products) require item‑level classification at import (Table exceptions).","Cross‑references and statutory architecture: by‑law operates under section 271 Customs Act 1901 and Item 15 of Schedule 4 to the Customs Tariff Act 1995, and revokes a prior by‑law — coordination with primary Acts necessary (preamble; clause 7).","The 'personally owned and used' concept is defined with a continuing‑use test across countries of residence, creating an evidentiary standard that may be fact‑specific (definition in clause 6).","Distinctions between 'arriving person' and 'arriving resident' and adult status create separate eligibility pathways and thresholds (clause 6; Table conditions)."],"plain_english_summary":"This by-law replaces an earlier customs by-law and prescribes which personal (non‑commercial) goods arriving residents and certain arriving persons may import under Item 15, Schedule 4 of the Customs Tariff Act 1995, effective 1 February 2018. It lists categories—clothing, hygiene articles, certain trailers/boats, small aircraft, machinery, and household effects—and attaches conditions such as ownership/use periods, family or per‑person limits, size/weight limits, and temporary non‑sale periods."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This by-law appears to be a straightforward replacement/update of a previous by-law (No. 1300942) with the same essential purpose: prescribing duty-free concessions for personal goods imported by people moving to Australia. The scope remains tightly focused on passenger and resident concessions for personal effects, recreational vehicles, aircraft, and household goods. There is no evidence of scope creep beyond the original intent of the Customs Act and Customs Tariff Act provisions governing personal importations."},"complexity_factors":["Multiple defined terms (8 definitions in section 6) with nested cross-references to other Acts (Australian Citizenship Act 2007, Migration Act 1958, Acts Interpretation Act 1901)","Conditional logic varies by table item — ownership periods differ (6 months for aircraft, 12 months for other goods)","Quantity restrictions that depend on family status (different rules for individuals vs families)","Temporal restrictions (2-year no-sale periods for aircraft, boats, and machinery; 3-year limits on caravans/trailers/boats)","Dual classification system — some goods available to 'arriving residents' only, others to broader 'arriving persons'","Nested exceptions within table items (e.g., 'except fur apparel and perfume concentrates' within clothing category)","Cumulative conditions — goods must satisfy both general requirements (section 5) AND specific table conditions","Cross-referencing between the by-law and Schedule 4 of the Customs Tariff Act 1995 (the by-law 'prescribes' goods for that Schedule)"],"plain_english_summary":"This by-law lets arriving residents and other arriving persons bring specified personal belongings into Australia duty-free when they move or return to live, replacing an older rule from Feb 2018. It covers clothing, household goods, caravans/trailers/boats, aircraft and certain machinery/equipment, subject to ownership/use and disposal-period conditions.\n\nIt matters because, if you meet the strict personal‑use, prior‑ownership and no‑sale rules (and avoid excluded motor vehicles), you can save significant import taxes."}},"importantCases":[],"_links":{"self":"/api/acts/customs-by-law-no-1700581","history":"/api/acts/customs-by-law-no-1700581/history","analysis":"/api/acts/customs-by-law-no-1700581/analysis","conflicts":"/api/acts/customs-by-law-no-1700581/conflicts","importantCases":"/api/acts/customs-by-law-no-1700581/important-cases","documents":"/api/acts/customs-by-law-no-1700581/documents"}}