Document ID: chunk:federal_register_of_legislation:F2025C00211:clause:13_3:p2
Version: federal_register_of_legislation:F2025C00211
Segment Type: clause
Provision Reference: sch 13 cl 3 (pt 2/2)
Character Range: 355238–357213

44 of Part 2 of this Schedule—the Minister or authorised person is satisfied of the following:
 (i) the importer of the good is a person who has a legitimate use for the good;
 (ii) the good will be imported for the use mentioned in subparagraph (i);
 (iii) if the good is imported for sale by the importer and the importer is required to hold a licence or authorisation to possess and sell the good in the State or Territory in which the importer lives—the importer holds a licence or authorisation of that kind;
 (iv) if the good is imported for use by the importer:
 (A) the quantity imported is for personal use; and
 (B) if the importer is required to hold a licence or authorisation to use the good in the State or Territory in which the importer lives—the importer holds a licence or authorisation of that kind;
 (v) the good will be secured appropriately in Australia; or
 (d) for a good mentioned in item 45 of Part 2 of this Schedule (anti‑personnel sprays etc.)—the Minister or authorised person is satisfied of the following:
 (i) the good is imported for use by a person that has entered into a contract for the use of the good with the government of the Commonwealth, a State or a Territory;
 (ii) the contract is in force;
 (iii) if the importer is required to hold a licence or authorisation to possess the good in a State or Territory for the purpose of supplying the good to the person—the importer holds a licence or authorisation of that kind;
 (iv) if a person is required to hold a licence or authorisation to possess or use the good in a State or Territory for the purposes of the contract—the person holds a licence or authorisation of that kind;
 (v) the good will be secured appropriately in Australia.
 3.3 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 3.2.