Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:171:p2
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 171 (pt 2/2)
Character Range: 233603–235403

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 171(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 imports the vehicle, the importation is consistent with the conditions set out in the by‑law.
Example: A by‑law might require that the vehicle have been owned and used by a person at least 6 months before the person departs for Australia. 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 a person to import the vehicle in circumstances covered by subsection 22(1) of the Act where the person had only owned the vehicle for 2 months before departing for Australia.

Re‑importation of certain Australian Defence Force vehicles
 (6) This subsection applies if the road vehicle:
 (a) is owned by the Commonwealth and operated by the Australian Defence Force; and
 (b) was previously exported from Australia in connection with an activity of the Australian Defence Force outside Australia; and
 (c) is imported into Australia after use in such an activity.

Part 6—Type approvals for road vehicle components used or supplied for use in the manufacture of road vehicles

Division 1—Introduction