Customs (International Obligations) By-Laws 2023
7Goods for members etc. of a Malaysian Visiting Force (item 11)
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7 Goods for members etc. of a Malaysian Visiting Force (item 11)
By-law (1) This section may be cited as Customs By‑law No. 2300037. Prescribed goods (2) For the purposes of item 11, each of the following goods are goods to which that item applies: (a) personal effects, furniture and household goods of a member or dependant, other than any of the following goods: (i) motor vehicles; (ii) cigarettes, cigars or tobacco; (iii) spirituous liquors; (b) motor vehicles. Conditions (3) Item 11 applies to those goods covered by paragraph (2)(a) subject to all of the following conditions: (a) the goods were imported during the period of six months beginning on the day a person covered by paragraph (2)(a) first arrived in Australia; (b) the goods remain in the use, ownership and possession of the person; (c) the goods will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia within two years of the day the goods were imported, unless prior written approval has been obtained from the Collector. (4) Item 11 applies to the goods covered by paragraph (2)(b) subject to both of the following conditions: (a) the motor vehicle was imported by a member; and (b) either subsection (5) or (6) applies in relation to the motor vehicle. (5) This subsection applies in relation to a motor vehicle if: (a) the motor vehicle was owned and used outside Australia by the member during the period of six months ending on the day the member first departed for Australia; and (b) after it is imported into Australia, the motor vehicle remains in the use, ownership and possession of: (i) the member; or (ii) with the written permission of the Collector, another member; during the period of two years beginning on the day the motor vehicle was imported. (6) This subsection applies in relation to a motor vehicle if, after it is imported into Australia: (a) the motor vehicle remains in the ownership and possession of: (i) the member; or (ii) with the written permission of the Collector, another member; and (b) the motor vehicle is exported by the member within: (i) three years of the day the motor vehicle is imported; or (ii) if the Collector has approved a longer period‑‑such longer period as the Collector has approved in writing. Definitions (7) In this section:
Agreement means the Agreement between the Government of Australia and the Government of Malaysia concerning the Status of Forces, done at Kuala Lumpur on 3 February 1997.
Note: The Agreement is in Australian Treaty Series 1999 No. 14 ([1999] ATS 14) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
civilian component has the meaning given by Article 1 of the Agreement.