Document ID: chunk:federal_register_of_legislation:F2023C00357:reg:5
Version: federal_register_of_legislation:F2023C00357
Segment Type: reg
Provision Reference: reg 5
Character Range: 6042–7128

5  Importing
 (1) This section prescribes acts that constitute the importation of an MSO product for paragraph (b) of the definition of "import" in section 5 of the Act.
 (2) If an MSO product is imported by an entity (the first entity) under paragraph (a) of the definition of "import" on behalf of another entity (the second entity) in circumstances covered by subsection (3), the second entity has also imported the MSO product.
 (3) For subsection (2), the circumstances are that:
 (a) there is an arrangement agreed between each entity that MSO products are, or will be, imported on behalf of the second entity; and
 (b) under the arrangement the second entity is to own the imported MSO product and is responsible for meeting relevant fees and charges relating to the importation; and
 (c) the arrangement is notified in writing to the Secretary by both entities; and
 (d) the Secretary has not notified the entities that arrangement is considered to be a mechanism to avoid the application of the thresholds in section 17; and
 (e) the importation is covered by the arrangement.