Document ID: chunk:federal_register_of_legislation:F2018L00073:schedule:4:p1
Version: federal_register_of_legislation:F2018L00073
Segment Type: schedule
Provision Reference: sch 4 (pt 1/3)
Character Range: 412–3707

Schedule 4

1. This by-law may be cited as Customs By-law No. 1700581.

2. This by-law takes effect on and from 1 February 2018.

    3. For the purposes of Item 15 Schedule 4 to the Customs Tariff Act 1995, the goods that are specified in Column 1 of the Table (the Table) below are prescribed.

    4. The application of Item 15 to the goods in the Table are subject to:

       (a) paragraph 5; and

       (b) the exceptions and conditions, if any, set out in Column 2 of the Table opposite those goods.

    5. The goods must:

       (a) not be commercial goods; and

       (b) be personal goods.

    6. In this by-law:

    adult means a person 18 years or over;

    arriving person means a passenger or crew member who was on board a ship or aircraft which arrived in Australia from a place outside Australia;
    arriving resident means a person who arrives in Australia and intends immediately to take up or resume residence in Australia; and

       (a) is an Australian citizen for the purposes of the Australian Citizenship Act 2007 (as amended from time to time); or

       (b) holds a permanent visa within the meaning of the Migration Act 1958 (as amended from time to time); or

       (c) holds a special category visa within the meaning of the Migration Act 1958 (as amended from time to time);

        commercial goods means goods that:

       (a) are intended to be used by the arriving person for a commercial purpose, including sale, lease, hire or exchange;  or

       (b) are goods that have been imported in such a quantity that, having regard to their nature or durability, that quantity represents a commercial quantity;

    family means:

       (a) 2 people who are married, and any of their children who are under the age of 18 years; or

       (b) a person and his or her de facto partner (within the meaning of the Acts Interpretation Act 1901), and any of their children who are under the age of 18 years;

       personal goods means goods that:

       (a) are the property of an arriving person; and

       (b) are suitable, and are intended, for use by the arriving person;

       but do not include motor vehicles or motor vehicle parts;

       tobacco products mean cigarettes, cigars or other products containing tobacco;

    used in relation to the expression "personally owned and used" means being available for use for their intended purpose by the arriving person or arriving resident on a continuing basis in each country in which that person was residing on a long term basis.

         THE TABLE
Column 1                                                                                                                                                                                                Column 2
Goods                                                                                                                                                                                                   Exceptions and Conditions
    (1) Goods, as follows:                                                                                                                                                                                  (1) The goods must be imported by an arriving resident.

       (a) personal clothing of all kinds