Document ID: chunk:federal_register_of_legislation:F2023C01082:reg:6
Version: federal_register_of_legislation:F2023C01082
Segment Type: reg
Provision Reference: reg 6
Character Range: 5333–7499

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.