Document ID: chunk:federal_register_of_legislation:F2024C01062:reg:24
Version: federal_register_of_legislation:F2024C01062
Segment Type: reg
Provision Reference: reg 24
Character Range: 25294–28066

24  Goods for use by traditional inhabitants under the Torres Strait Treaty in the performance of traditional activities in, or in the vicinity of, the Protected Zone (item 13)

By-law
 (1) This section may be cited as Customs By‑law No. 2300041.

   Prescribed goods
 (2) For the purposes of item 13, goods to which that item applies are goods for the use by traditional inhabitants of the area covered by the Torres Strait Treaty in the performance of traditional activities in the Protected Zone or in an area in the vicinity of the Protected Zone.

Conditions
 (3) Item 13 applies to those goods covered by subsection (2) subject to the condition that the goods are imported by traditional inhabitants of the area covered by the Torres Strait Treaty.
Definitions
 (4) In this section:
area in the vicinity of the Protected Zone means the area bounded by the line commencing at the point of Latitude 10°30′S, Longitude 144°10′E, and running:
 (a) from there west along the parallel of Latitude 10°30′S to its intersection with the meridian of Longitude 141°20′E; and
 (b) from there north along that meridian to its intersection with the parallel of Latitude 10°28′S; and
 (c) from there east along that parallel to its intersection with the meridian of Longitude 144°10′E; and
 (d) from there south along that meridian to the point of commencement.
Protected Zone means the zone established under Article 10 of the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that Treaty.
traditional activities includes the following activities:
 (a) activities on land, including gardening, collection of food and hunting;
 (b) activities on water, including traditional fishing;
 (c) religious and secular ceremonies or gatherings for social purposes, for example, marriage celebrations and settlements of disputes;
 (d) barter and market trade.
traditional inhabitant means an Australian citizen who is a Torres Strait Islander that:
 (a) lives in the Protected Zone or the adjacent coastal area of Australia; and
 (b) maintains traditional customary associations with areas or features in, or in the vicinity of, the Protected Zone, in relation to their subsistence or livelihood or social, cultural or religious activities.
Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters, done at Sydney on 18 December 1978.
Note: The Treaty is in Australian Treaty Series 1985 No. 4 ([1985] ATS 4) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Part 4—Goods that are personal effects