Commonwealth Consolidated Regulations

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TAIPEI ECONOMIC AND CULTURAL OFFICE (PRIVILEGES AND IMMUNITIES) REGULATIONS 1998 - REG 10

Loss of exemption -- sales tax, customs duty and excise duty

  (1)   An authorised person may declare, in writing, in relation to particular goods, that in his or her opinion, the reasonable requirements of TECO or the person purchasing the goods, have adequately been met by other goods for which TECO or the person has already had the benefit of an exemption claimed under regulation 8 or 9.

  (2)   If goods for which an exemption has been claimed under regulation 8 or 9 are sold or disposed of within the forfeiture period, the exemption is lost and the Commonwealth must be paid an amount for duties or tax, as the case requires, equal to the amount that an authorised person determines would have been payable, if the exemption had not been claimed.

  (3)   Liability for payment under subregulation (2) is borne by:

  (a)   in the case of goods for use by TECO   -- TECO; or

  (b)   in the case of goods for personal use   -- the person who (or a member of whose family) had the benefit of the exemption.

  (4)   The forfeiture period is:

  (a)   in the case of a motor vehicle   -- 3 years from:

  (i)   the date of entry of the motor vehicle into Australia (if imported); or

  (ii)   the date of purchase of the motor vehicle (if produced in Australia); and

  (b)   in any other case   -- 2 years from:

  (i)   the date of entry of the goods into Australia (if imported); or

  (ii)   the date of purchase of the goods (if produced in Australia).

  (5)   If a person (the exempt person ) fails to comply with subregulation (2) or an undertaking under regulation 8 or 9, an authorised person may, declare in writing, that the exempt person cannot claim any further exemption under those regulations unless that person gives a further written undertaking, for any other goods purchased, that may include a condition that the person give security, satisfactory to an authorised person, that the exempt person will comply with the undertaking.



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