Section 1 - Customs By-law No. 1700581 - Customs By-law No. 1700581

1Customs By-law No. 1700581

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CUSTOMS ACT 1901

CUSTOMS TARIFF ACT 1995

SCHEDULE 4

BY-LAW No. 1700581

I, 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:

revoke the by-law cited as Customs By-Law No. 1300942 and
make the by-law set out in the Schedule below.

THE SCHEDULE

BY-LAW No. 1700581

Item 15

Schedule 4

This by-law may be cited as Customs By-law No. 1700581.
This by-law takes effect on and from 1 February 2018.
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.
The application of Item 15 to the goods in the Table are subject to:

(a) paragraph 5; and

(b) the exceptions and conditions, if any, set out in Column 2 of the Table opposite those goods.

The goods must:

(a) not be commercial goods; and

(b) be personal goods.

In this by-law:

adult means a person 18 years or over;

arriving person means a passenger or crew member who was on board a ship or aircraft which arrived in Australia from a place outside Australia;

arriving resident means a person who arrives in Australia and intends immediately to take up or resume residence in Australia; and

(a) is an Australian citizen for the purposes of the Australian Citizenship Act 2007 (as amended from time to time); or

(b) holds a permanent visa within the meaning of the Migration Act 1958 (as amended from time to time); or

commercial goods means goods that:

(a) are intended to be used by the arriving person for a commercial purpose, including sale, lease, hire or exchange; or

(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;

family means:

(a) 2 people who are married, and any of their children who are under the age of 18 years; or

(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;

Column 1Goods	Column 2Exceptions and Conditions
(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.
(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.
(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.