Document ID: chunk:federal_register_of_legislation:F2025C00211:clause:13_5
Version: federal_register_of_legislation:F2025C00211
Segment Type: clause
Provision Reference: sch 13 cl 5
Character Range: 358410–360561

5  Returned goods test
 5.1 The importation of a good complies with the returned goods test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.
 5.2 The Minister or authorised person may give written permission for the importation of the good only if the Minister or authorised person is satisfied:
 (a) that:
 (i) the good has previously been exported, and is not currently in Australia; and
 (ii) the most recent exportation of the good was in accordance with a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958, or the importer has provided written evidence that its most recent exportation was lawful; and
 (iii) the last importation (if any) of the good before the export:
 (A) was a lawful importation; and
 (B) was not subject to a condition that the good was to be exported after importation; and
 (iv) the good has not been modified since its most recent exportation; and
 (v) if the good was previously exported in a deactivated condition—the good has not been reactivated since the export; and
 (vi) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives—the importer holds a licence or authorisation of that kind; or
 (b) that:
 (i) the good is currently in Australia; and
 (ia) if the exportation of the good would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958—such a permission is in force, and the good has not been modified since the permission was granted; and
 (ii) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives—the importer holds a licence or authorisation of that kind.
 5.3 If an authorised person forms an opinion that the permission should not be granted:
 (a) the authorised person must refer the application to the Minister; and
 (b) the Minister may grant, or refuse to grant, the permission under subitem 5.2.
 5.4 In this item:
modified does not include repair.