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CUSTOMS (PROHIBITED EXPORTS) AMENDMENT REGULATIONS 2000 (NO. 2) 2000 NO. 212 - SCHEDULE 1

Amendments

(regulation 3)

[1] Subregulation 13E (1), before definition of authorised person

insert

"airline" means a person who carries on a commercial air transport enterprise that involves offering or operating scheduled or chartered air services.

"authorised officer" means an officer authorised in writing by the CEO to be an authorised officer for this regulation.

[2] Subregulation 13E (1), after definition of defence and strategic goods list

insert

"sky marshal" means a person who is employed or engaged to travel on an aircraft to provide security for 1 or more passengers or crew on the aircraft by:

(a)
the Government of a foreign country; or

(b)
an agency of the Government of a foreign country; or

(c)
an airline.

[3] Subparagraph 13E (2) (d) (iv)

omit

list.

insert

list; or

[4] After paragraph 13E (2) (d)

insert

(e)
the following conditions are satisfied for the goods:

(i)
the goods were last imported into Australia on an aircraft by a sky marshal while carrying out his or her duties;
(ii)
there is an agreement in force between the Government of the foreign country represented by the sky marshal and the Government of Australia providing for the importation of the goods into Australia on aircraft by sky marshals;
(iii)
immediately after the goods were imported, the sky marshal surrendered the goods to an authorised officer for secure storage until the goods were to be exported in accordance with subparagraph (iv);
(iv)
within 3 months after the goods were imported into Australia, the goods are exported from Australia by a sky marshal representing the foreign country.

Note
For the circumstances in which a sky marshal represents a foreign country, see subregulation (2AA).

[5] After subregulation 13E (2)

insert

(2AA)
For paragraph (2) (e), a sky marshal represents a foreign country if:

(a)
the sky marshal is employed or engaged by the Government of the country, or an agency of the Government of the country, to carry out the duties of a sky marshal; or

(b)
for a sky marshal employed or engaged by an airline to carry out the duties of a sky marshal on an aircraft — the aircraft is registered under the law of the country.



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