Document ID: chunk:federal_register_of_legislation:F2025C00211:clause:6_5:p6
Version: federal_register_of_legislation:F2025C00211
Segment Type: clause
Provision Reference: sch 6 cl 5 (pt 6/7)
Character Range: 211883–214600

form.
Note 1: The importer may give the statement to a Collector personally or by an agent, for example, an employee of the importer.
Note 2: For the definitions of category H article, and relevant police representative, see Part 4 of Schedule 6.

8.  Returned goods test
 8.1 The importation of an article complies with the returned goods test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
 8.2 The Minister may give written permission for the importation of the article only if the Minister is satisfied:
 (a) that:
 (i) the article has previously been exported, and is not currently in Australia; and
 (ia) if the most recent exportation of the article would have been prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958—that exportation was in accordance with a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958; and
 (ii) the last importation (if any) of the article before the export:
 (A) was a lawful importation; and
 (B) was not subject to a condition that the article was to be exported after importation; and
 (iii) the article has not been modified since its most recent exportation; and
 (iv) the importer holds a licence or authorisation to possess the article for the importer's intended use in accordance with the law of the State or Territory in which the importer lives; or
 (b) that:
 (i) the article is currently in Australia; and
 (ii) if the exportation of the article would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958—such a permission is in force, and the article has not been modified since the permission was granted; and
 (iii) the importer holds a licence or authorisation to possess the article for the importer's intended use in accordance with the law of the State or Territory in which the importer lives.
 8.3 In this item:
modified does not include repaired.

8A.  Public interest test
 8A.1 The public interest test set out in this item applies to the importation of any article to which an item in Part 2 applies.
Note: See subregulation 4F(1A).
 8A.2 The importation of an article complies with the public interest test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
 8A.3 The Minister may give written permission for the importation of the article only if the Minister is satisfied of the following:
 (a) it is in the public interest to allow the article to be imported;
 (b) if the importer is required to hold a licence or authorisation to possess the article in the State or