Document ID: chunk:federal_register_of_legislation:C2011A00051:clause:1_2
Version: federal_register_of_legislation:C2011A00051
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 4011–5796

2  At the end of section 38‑185
Add:

Export of new recreational boats
 (5) For the purposes of item 4A of the table in subsection (1), the *ship is a new recreational boat if the ship:
 (a) has not been substantially reconstructed; and
 (b) has not been sold, leased or used since the completion of its construction, except in connection with:
 (i) the supply or acquisition of the ship as stock held for the purpose of sale or exchange in *carrying on an *enterprise; or
 (ii) the supply mentioned in that item, or the acquisition of the ship by the *recipient as mentioned in that item; and
 (c) was designed, and is fitted out, principally for use in activities done as private recreational pursuits or hobbies; and
 (d) is not a commercial ship.
 (6) For the purposes of item 4A in the table in subsection (1), this subsection applies if, apart from use of the *ship by the supplier in connection with the supply of the ship to the *recipient, the *ship is used:
 (a) as security for the performance of an obligation (other than an obligation relating to the acquisition of the ship); or
 (b) in *carrying on an *enterprise in Australia; or
 (c) in Australia in carrying on an enterprise outside Australia, not including use that involves the ship being used:
 (i) in a way that is private or domestic in nature; or
 (ii) in an activity, or series of activities, done as a private recreational pursuit or hobby; or
Example: Allowing an employee to live on the ship, or to take the ship on a fishing trip.
 (d) for *consideration, unless the consideration:
 (i) consists of the provision of services by an employee of an enterprise carried on by the *recipient outside Australia; or
 (ii) is in respect of the recipient competing in a race or other sporting event (e.g. a prize).