Commonwealth legislation

Customs By-law No. 1305091

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This by-law specifies that used or second-hand passenger cars are eligible for the customs duty treatment provided under Item 37 of Schedule 4 to the Customs Tariff Act 1995.

What this means:

Eligible goods: Used passenger vehicles falling under tariff classification 8703 (the standard international code for passenger cars).
Critical requirement: The import must be approved under section 17A of the Motor Vehicle Standards Act 1989. This means the Minister (or a delegated officer) must give written permission confirming the vehicle meets Australian safety and design standards.
Purpose: This creates a regulated pathway for importing used vehicles, ensuring they comply with safety laws while accessing the specific tariff classification.

Without this by-law, these used vehicles could not access the Item 37 concession. The approval requirement acts as a safeguard to prevent non-compliant vehicles from entering the Australian market under this tariff provision.

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Current sections

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Customs By-law No. 1305091

CUSTOMS ACT 1901

CUSTOMS TARIFF ACT 1995

SCHEDULE 4

BY-LAW No. 1305091

I, Geoff Johannes, delegate of the Chief Executive Officer, under section 271 of the Customs Act 1901 make the by-law set out in the Schedule below.

THE SCHEDULE

Item 37

Schedule 4

This by-law may be cited as Customs By-law No. 1305091.
This by-law shall take effect on and from 1 March 2013.
For the purposes of item 37 of Schedule 4 to the Customs Tariff Act 1995, used or second-hand passenger motor vehicles classified under heading 8703 of Schedule 3 are prescribed.
The application of item 37 to the goods in paragraph 3 is subject to the condition that an approval under section 17A of the Motor Vehicle Standards Act 1989 is given:

(a) to the importer by the Minister administering the Motor Vehicle Standards

Act 1989; or

(b) to the importer by an officer of the Department authorised in writing by the Minister to give approvals under that section.

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 twenty fifth day of February 2013.

(signed)

Geoff Johannes

Delegate of the

Chief Executive Officer

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Customs By-law No. 1305091