This instrument is the Customs (International Obligations) By‑Laws 2023.
3 Authority
This instrument is made under section 271 of the Customs Act 1901.
4 Interpretation
Note: A number of expressions used in this instrument are defined in subsection 4(1) of the Act, including the following:
(a) arrival;
(b) excise-equivalent goods; and
(c) goods.
(1) In this instrument:
Act means the Customs Act 1901.
Collector has the same meaning as in subsection 8(1) of the Act.
item means an item in Schedule 4 to the Customs Tariff Act 1995.
(2) In this instrument:
(a) a reference to a tariff heading or a tariff subheading is a reference to a heading or subheading, as the case may be, in Schedule 3 to the Customs Tariff Act 1995; and
(b) a reference to a tariff heading includes a reference to any tariff subheading listed under the heading in that Schedule.
5 Application in relation to Customs Tariff proposals
(1) This instrument prescribes goods for the purposes of items:
(a) as in force from time to time; and
(b) as proposed from time to time in a Customs Tariff proposed in the Parliament; and
(c) as proposed from time to time to be altered by a Customs Tariff alteration proposed in the Parliament.
(2) A reference in this instrument to a provision of the Customs Tariff Act 1995 (whether or not the provision is an item in Schedule 4 to that Act) includes a reference to that provision:
(a) as in force from time to time; and
(b) as proposed from time to time in a Customs Tariff proposed in the Parliament; and
(c) as proposed from time to time to be altered by a Customs Tariff alteration proposed in the Parliament.
Note: A provision of the Customs Tariff Act 1995 which may be proposed to be altered by a Customs Tariff alteration could, for example, include a tariff heading or a tariff subheading.
Part 2—Goods for international bodies or persons or goods relating to offshore areas
6 Goods for the European Space Agency for use in Agreed Activities (item 9)
By-law
(1) This section may be cited as Customs By‑law No. 2300108.
Prescribed goods
(2) For the purposes of paragraph (c) of item 9, each of the following goods are goods to which that paragraph applies:
(a) subject to subsection (3), goods that are owned or are intended to be owned by the European Space Agency at the time they are entered for home consumption;
(b) subject to subsection (4), goods for which all of the following apply:
(i) the goods are personal or household effects;
(ii) the goods are for the use of persons not ordinarily resident in Australia employed or engaged as staff, consultants or contractors by the European Space Agency;
(iii) the goods are imported in connection with Agreed Activities.
(3) Paragraph (2)(a) does not apply to excise‑equivalent goods.
(4) Paragraph (2)(b) does not apply to goods:
(a) that are excise‑equivalent goods; or
(b) that are motor vehicles.
Conditions
(5) Paragraph (c) of item 9 applies to those goods covered by paragraph (2)(a) subject to the condition that those goods are equipment, materials, supplies or other property for use in connection with Agreed Activities.
(6) Paragraph (c) of item 9 applies to those goods covered by paragraph (2)(b) subject to the condition that the goods were imported within:
(a) the period of 12 months beginning 6 months before the day the official covered by subsection (2)(b)(ii) first arrived in Australia; or
(b) if the Collector has approved a longer period—such other period as the Collector has approved in writing.
Definitions
(7) In this section:
Agreed Activities has the meaning given by Article 1 of the Agreement.
Agreement means the Agreement between the Government of Australia and the European Space Agency for a Co-operative Space Vehicle Tracking Program, done at Capetown on 5 October 2011.
Note: The Agreement is in Australian Treaty Series 2012 No. 29 ([2012] ATS 29) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
European Space Agency has the same meaning as in the Agreement.
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.
dependant has the meaning given by Article 1 of the Agreement.
member means a member of a Malaysian Visiting Force or of its civilian component.
Visiting Force has the meaning given by Article 1 of the Agreement.
8 Goods for members etc. of a New Zealand Visiting Force (item 11)
By-law
(1) This section may be cited as Customs By‑law No. 2300088.
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 those goods covered by paragraph (2)(b) subject to both of the following conditions:
(a) the motor vehicle was imported by a member;
(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 three 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, of 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 use, ownership and possession of:
(i) the member; or
(ii) with the written permission of the Collector, of another member; and
(b) the motor vehicle is exported by the member within:
(i) two 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 New Zealand concerning the Status of their Forces, done at Melbourne on 29 October 1998.
Note: The Agreement is in Australian Treaty Series 2005 No. 12 ([2005] ATS 12) 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.
dependant has the meaning given by Article 1 of the Agreement.
member means a member of a New Zealand Visiting Force or of its civilian component.
Visiting Force has the meaning given by Article 1 of the Agreement.
9 Goods for members etc. of a Papua New Guinea Visiting Force (item 11)
By-law
(1) This section may be cited as Customs By‑law No. 2300089.
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 at the time of first arrival of a person covered by paragraph (2)(a) in Australia;
(b) the goods remain in the use, ownership and possession of the person; and
(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 those goods covered by paragraph (2)(b) subject to all of the following conditions:
(a) the motor vehicle was imported by a member;
(b) the motor vehicle was owned and used outside Australia by the member during the period of three months ending on the day the member first departed for Australia;
(c) the motor vehicle is not disposed of in Australia unless prior written approval has been obtained from the Collector;
(d) 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.
Definitions
(5) In this section:
Agreement means the Agreement between Australia and Papua & New Guinea regarding the Status of Forces of Each State in the Territory of the Other State, done at Port Moresby on 26 January 1977.
Note: The Agreement is in Australian Treaty Series 1977 No. 6 ([1977] ATS 6) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
at the time of first arrival means:
(a) any time during the period of six months beginning on the day the person covered by paragraph (2)(a) arrived in Australia; or
(b) if the Collector has approved a longer period‑‑such longer period as the Collector has approved in writing.
civilian component has the meaning given by Article 1 of the Agreement.
dependant has the meaning given by Article 1 of the Agreement.
member means a member of a Papua New Guinea Visiting Force or of its civilian component.
Visiting Force has the meaning given by Article 1 of the Agreement.
10 Goods for members etc. of a Singapore Visiting Force (item 11)
By-law
(1) This section may be cited as Customs By‑law No. 2300090.
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; and
(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 entered for home consumption, unless prior written approval has been obtained from the Collector.
(4) Item 11 applies to those 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 three 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 of entry for home consumption of the motor vehicle.
(6) This subsection applies in relation to a motor vehicle if:
(a) 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; and
(b) the motor vehicle is exported by the member within:
(i) 12 months of the day the motor vehicle is entered for home consumption; 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 Exchange of Notes constituting an Agreement between the Government of Australia and the Government of the Republic of Singapore concerning the Status of Forces, done at Singapore on 10 February 1988.
Note: The Agreement is in Australian Treaty Series 1988 No. 6 ([1988] ATS 6) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
civilian component has the same meaning as in the Agreement.
dependant has the same meaning as in the Agreement.
member means a member of a Singapore Visiting Force or of its civilian component.
Visiting Force has the same meaning as in the Agreement.
11 Goods for members etc. of a United States Force (item 11)
By-law
(1) This section may be cited as Customs By‑law No. 2300038.
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;
(iv) goods covered by paragraph (c).
(b) motor vehicles;
(c) goods that are:
(i) personal consumables;
(ii) goods of a kind which when in use are worn or carried on the person;
(iii) goods which are normally carried in hand baggage when travelling;
(iv) unsolicited gifts sent by persons resident overseas in recognition or appreciation of an occasion or event;
other than:
(v) goods referred to in subparagraph (c)(i), (ii), (iii) or (iv) where the value of the goods exceeds 130USD;
(vi) goods referred to in subparagraph (a)(i), (ii) and (iii).
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 within the period of six months beginning on the day a person covered by paragraph (2)(a) first arrives in Australia; and
(b) the goods remain in the use, ownership and possession of the person; and
(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 into Australia, unless prior written approval has been obtained from the Collector.
(4) Item 11 applies to those goods covered by paragraph (2)(b) subject to both of the following conditions:
(a) the motor vehicle was imported by a member covered by paragraph (2)(a); 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 covered by paragraph (2)(a);
for two years after the date of importation.
(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 covered by paragraph (2)(a); 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.
(7) Item 11 applies to those goods covered by paragraph (2)(c) subject to the condition that those goods are imported from the United States through military post offices by the member or dependant.
Definitions
(8) In this section:
Agreement means the Agreement between the Government of the Commonwealth of Australia and the Government of the United States of America concerning the Status of United States Forces in Australia, and Protocol, done at Canberra on 9 May 1963.
Note: The Treaty is in Australian Treaty Series 1963 No. 10 ([1963] ATS 10) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
dependant has the meaning given by Article 1 of the Agreement.
member means:
(a) a member of a United States Forces (within the meaning of Article 1 of the Agreement); or
(b) a member of the civilian component (within the meaning of Article 1 of the Agreement).
military post office means a U.S. postal establishment located in:
(a) Alice Springs, Northern Territory; or
(b) Canberra, Australian Capital Territory; or
(c) Darwin, Northern Territory; or
(d) Melbourne, Victoria; or
(e) North West Cape, Western Australia; or
(f) St Peters, New South Wales; or
(g) Woomera, South Australia.
USD means United States Dollar.
12 Goods for members etc. of a French Republic Visiting Force (item 11)
By-law
(1) This section may be cited as Customs By‑law No. 2300039.
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 to take up service in Australia;
(b) the goods remain in the use, ownership and possession of the person;
(c) the goods will not be transferred, sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia unless prior written approval has been obtained from the Collector.
(4) Item 11 applies to the goods covered by paragraph (2)(b) subject to the condition that the goods imported by the member will not be transferred, sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia unless prior written approval has been obtained from the Collector.
Definitions
(5) In this section:
Agreement means the Agreement between the Government of Australia and the Government of the French Republic regarding Defence Cooperation and Status of Forces, done at Paris on 14 December 2006.
Note: The Treaty is in Australian Treaty Series 2009 No. 18 ([2009] ATS 18) 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 in Article 1 of the Agreement.
dependant has the meaning given in Article 1 of the Agreement.
member means a member of a French Republic Visiting Force or of its civilian component.
Visiting Force has the meaning given in Article 1 of the Agreement.
13 Goods for members etc. of a Japan Visiting Force (item 11)
By-law
(1) This section may be cited as Customs By‑law No. 2300138.
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 other than any of the following goods:
(i) motor vehicles;
(ii) cigarettes, cigars, or tobacco;
(iii) alcoholic beverages;
(b) a motor vehicle.
Conditions
(3) Item 11 applies to those goods covered by subsection (2) subject to 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; and
(c) the goods will not be disposed of in Australia, other than by transfer to another member, unless prior written approval has been obtained from the Collector;
(d) if the goods are motor vehicles covered by subsection (2)(b)—no more than one motor vehicle is imported by a member.
Definitions
(4) In this section:
Agreement means the Agreement between Australia and Japan concerning the facilitation of reciprocal access and cooperation between the Australian Defence Force and the Self‑Defense Forces of Japan, done at Canberra and Tokyo on 6 January 2022.
Note: The Agreement could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
civilian component has the same meaning as in the Agreement.
member means a member of a Japan Visiting Force or of its civilian component.
Visiting Force has the same meaning as in the Agreement.
14 Repair, renovation, alteration and other similar processes covered by the Australia-United Kingdom Free Trade Agreement (item 16)
By‑law
(1) This section may be cited as Customs By‑law No. 2300178.
Prescribed article
(2) For the purposes of item 16, Article 2.6 of Chapter 2 of the Free Trade Agreement between Australia and the United Kingdom of Great Britain and Northern Ireland, done at Adelaide on 17 December 2021 and London on 16 December 2021, is prescribed.
Note: The Agreement is in Australian Treaty Series 2023 No. 3 ([2023] ATS 3) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
15 Repair, renovation, alteration and other similar processes covered by the Peru-Australia Free Trade Agreement (item 16)
By‑law
(1) This section may be cited as Customs By‑law No. 2300179.
Prescribed article
(2) For the purposes of item 16, Article 2.6 of Chapter 2 of the Peru‑Australia Free Trade Agreement, done at Canberra on 12 February 2018, is prescribed.
Note: The Agreement is in Australian Treaty Series 2020 No. 6 ([2020] ATS 6) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
16 Repair, renovation, alteration and other similar processes covered by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (item 16)
By‑law
(1) This section may be cited as Customs By‑law No. 2300180.
Prescribed article
(2) For the purposes of item 16, Article 2.6 of Chapter 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on 8 March 2018, is prescribed.
Note 1: Under Article 1 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (Santiago Agreement), most of the provisions of the Trans-Pacific Partnership Agreement (Auckland Agreement), done at Auckland on 4 February 2016, are incorporated, by reference, into and made part of the Santiago Agreement. This means, for example, that Chapters 1 and 3 of the Auckland Agreement are, because of that Article, Chapters 1 and 3 of the Santiago Agreement.
Note 2: The Santiago Agreement is in Australian Treaty Series 2018 No. 23 ([2018] ATS 23) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Note 3: The Auckland Agreement could in 2023 be viewed on the website administered by the Department of Foreign Affairs and Trade (http://www.dfat.gov.au).
17 Repair, renovation, alteration and other similar processes covered by the Singapore-Australia Free Trade Agreement (item 16)
By‑law
(1) This section may be cited as Customs By‑law No. 2300181.
Prescribed article
(2) For the purposes of item 16, Article 5 of Chapter 2 of the Singapore-Australia Free Trade Agreement, done at Singapore on 17 February 2003, is prescribed.
Note: The Agreement is in Australian Treaty Series 2003 No. 16 ([2003] ATS 16) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).