Document ID: chunk:federal_register_of_legislation:F2024C01062:reg:39
Version: federal_register_of_legislation:F2024C01062
Segment Type: reg
Provision Reference: reg 39
Character Range: 47678–49842

39  Goods to which Annex E of the Florence Agreement and or Protocol applies (item 29)

By-law
 (1) This section may be cited as Customs By-law No. 2300095.

Prescribed goods
 (2) For the purposes of item 29, goods that are specially designed for the employment or the educational, scientific, social or cultural advancement of persons with disabilities are goods to which that item applies.

Conditions
 (3) Item 29 applies to those goods covered by subsection (2) subject to the condition that those goods are imported directly by an organisation concerned with the welfare, education of, or provision of assistance to persons with disabilities.

Definitions
 (4) In this section:
Organisation means:
 (a) an entity listed in column 1 of subsection 25-5(5) of the Australian Charities and Not-for-profits Commission Act 2012; or
 (b) an organisation approved in writing by the Minister for Industry and Science, in consultation with the Minister for Health, and is not an organisation which is carried on for the purposes of profit or gain.
Florence Agreement means the Agreement on the Importation of Educational, Scientific and Cultural Materials, done at Lake Success on 22 November 1950.
Note: The Convention is in Australian Treaty Series 1992 No. 12 ([1992] ATS 12) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Protocol means the Protocol to the Agreement on the Importation of Educational, Scientific and Cultural Materials of 22 November 1950, done at Nairobi on 26 November 1976.
Note: The Convention is in Australian Treaty Series 1992 No. 12 ([1992] ATS 12) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
 (5) For the purposes of this section, goods are taken to be specially designed for persons with disabilities if either:
 (a) adapting the goods for the disability causes those goods not to be used or unable to be used by persons without disabilities; or
 (b) the cost to convert the goods for use by persons without disabilities would be prohibitive.

Part 11—Goods that are textiles, clothing or footwear