Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:50:p2
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 50 (pt 2/3)
Character Range: 89702–92239

Article 3 of the ATA Convention, as in force for Australia from time to time; and
 (c) the person, in providing the vehicle, would not contravene a condition set out in:
 (i) the ATA Convention; or
 (ii) the Convention under which the importation took place.
Example: For subparagraph (4)(c)(ii) – a Convention mentioned in paragraph (4)(b) may provide that a vehicle imported under its provisions cannot be used for hire or reward. If that was a requirement of the applicable Convention at the relevant time, then, subject to any exceptions in the Convention, this subsection would not permit the person to provide the vehicle for hire or reward in circumstances covered by subsection 24(1) of the Act.

Vehicles covered by certain customs by‑laws
 (5) This subsection applies if one of the following is satisfied in respect of the road vehicle:
 (a) item 10 of Schedule 4 to the Tariff Act applies to the vehicle by virtue of a by‑law, as in force from time to time, made for the purpose of implementing a Status of Forces Agreement or Status of Visiting Forces Agreement to which Australia is a party;
 (b) item 11 of Schedule 4 to the Tariff Act applies to the vehicle by virtue of any by‑law made for the purposes of that item, as in force from time to time;
 (c) paragraph 15(d) of Schedule 4 to the Tariff Act applies to the vehicle by virtue of any by‑law made for the purposes of that item, as in force from time to time.
Note: Each item of the Tariff Act mentioned in subsection 50(5) applies to goods prescribed by by‑law for the purposes of the item. A by‑law made for those purposes may set out conditions subject to which the item applies to goods of the kind, or included in the class, specified in that item (see paragraph 272(b) of the Customs Act 1901). If those conditions are not met at the relevant time, the item will not apply to the vehicle. As such, subsection (5) will only capture a vehicle if, at the time the person provides the vehicle, the provision is consistent with the conditions set out in the by‑law.
Example: A by‑law might require that the vehicle remain in the ownership of the person who imported it for a certain period after the date of importation. If that was a requirement of the by‑law at the relevant time, then, subject to any exceptions in the by‑law, this subsection would not permit the person to provide the vehicle in circumstances covered by subsection 24(1) of the Act by selling it before the end of that period.

Provision for the purposes of this instrument
 (6) This subsection