Commonwealth Numbered Regulations

1996 No. 324 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) - REG 4

4.1 Part 1, paragraph 1.2 (b): Omit the paragraph, substitute:

"(b) the ownership arrangements for the article are, or will be, in accordance
with subitem 1.4.".

4.2 After subitem 1.2 of Part 1, insert:

"1.3 For paragraph 1.2 (a), examples of an article the importation of which is
for the purposes of the government of the Commonwealth, a State or a Territory
are:

   (a)  an article to be supplied to the government under a contract in force
        when the article is to be imported; and

   (b)  an article to be shown to the government to demonstrate its uses; and

   (c)  an article that the government proposes to inspect, test or evaluate;
        and

   (d)  an article that the government proposes to use for training.

"1.4 For paragraph 1.2 (b), the ownership arrangements for an article are set
out in the following table:
TABLE
  Article      Ownership arrangements

Article to be supplied to the government of the Commonwealth, a
State or a Territory under a contract

   (a)  The government must own the article at the time of
importation, and must retain ownership; or

   (b)  The government must intend to acquire ownership of
the article in a period that the Attorney-General
considers appropriate (to be specified in the
Attorney-General's permission), and must retain
ownership
[NOTE: See item 3 of Part 3.]
Article to be shown to the government of the Commonwealth, a State
or a Territory to demonstrate its uses
Article that the government of the Commonwealth, a State or a
Territory proposes to inspect, test or evaluate
Article that the government of the Commonwealth, a State or a
Territory proposes to use for training
The article may be owned by any person
[NOTE: See item 3 of Part 3.]
Any other article
The government must own the article at the time of
importation, and must retain ownership".

4.3 Part 1, subitem 2.2: Omit the subitem, substitute:

"2.2 The Attorney-General must not give written permission for the importation
of the article unless the Attorney-General is satisfied that:

   (a)  the article is of a type not available in Australia, and is to be used
        in connection with the production of a film in a State or Territory in
        which the importer holds a licence or authorisation in accordance with
        the law of the State or Territory to possess an article of that type;
        or

   (b)  the article is of a type not available in Australia, and is to be used
        in the development of mountings for a laser target designator in a
        State or Territory in which the importer holds a licence or
        authorisation in accordance with the law of the State or Territory to
        possess an article of that type; or

   (c)  the article is ammunition to be imported in the following
        circumstances:

        (i)    the ammunition is to be imported as part of a contract to which
               a person in Australia is a party;

        (ii)   the person made the contract with the intention of supplying
               the ammunition to a person outside Australia, in a manner that
               will not contravene Australia's international obligations;

        (iii)  the contract will be in force when the ammunition is to be
               imported;

        (iv)   the Minister for Defence Industry, Science and Personnel, or a
               person authorised for regulation 13E of the Customs (Prohibited
               Exports) Regulations, has stated, in writing, that a licence or
               permission to export the ammunition will be granted under that
               regulation; or

   (d)  the article is to be imported in the following circumstances:

        (i)    the article is owned by the government of a country other than
               Australia;

        (ii)   the article is to be imported for repairs in a State or
               Territory under a contract in force when the article is to be
               imported;

        (iii)  the importer holds a licence or authorisation in accordance
               with the law of the State or Territory to possess an article of
               that type;

        (iv)   the Minister for Defence Industry, Science and Personnel, or a
               person authorised for regulation 13E of the Customs (Prohibited
               Exports) Regulations, has stated, in writing, that a licence or
               permission to export the article after the repairs will be
               granted under that regulation.".

4.4 Part 3, paragraph 1.6 (a): After "from a height of", insert "at least 35
centimetres and".

4.5 Part 3, paragraph 2.1 (a): Omit the paragraph, substitute:

"(a) export the article in the period, after importation, mentioned in the
Attorney-General's permission; and".

4.6 Part 3 Add at the end:

"3. Official purposes test

"3.1 The importation, in accordance with the official purposes test, of an
article to be supplied to the government of the Commonwealth, a State or a
Territory under a contract is subject to the following conditions:

   (a)  if the government does not acquire ownership of the article in the
        period, after importation, mentioned in the Attorney-General's
        permission, the importer must export the article as soon as
        practicable;

   (b)  the importer must comply with any condition or requirement specified,
        in relation to the article, in the Attorney-General's permission.

"3.2 The importation, in accordance with the official purposes test, of an
article to be shown to the government of the Commonwealth, a State or a
Territory to demonstrate its uses is subject to the following conditions:

   (a)  the importer must export the article in the period, after importation,
        mentioned in the Attorney-General's permission (unless the article has
        been destroyed);

   (b)  the importer must comply with any condition or requirement specified,
        in relation to the article, in the Attorney-General's permission.

"3.3 The importation, in accordance with the official purposes test, of an
article that the government of the Commonwealth, a State or a Territory
proposes to inspect, test or evaluate is subject to the following conditions:

   (a)  the importer must export the article in the period, after importation,
        mentioned in the Attorney-General's permission (unless the article has
        been destroyed);

   (b)  the importer must comply with any condition or requirement specified,
        in relation to the article, in the Attorney-General's permission.

"3.4 The importation, in accordance with the official purposes test, of an
article that the government of the Commonwealth, a State or a Territory
proposes to use for training is subject to the following conditions:

   (a)  the importer must export the article in the period, after importation,
        mentioned in the Attorney-General's permission (unless the article has
        been destroyed);

   (b)  the importer must comply with any condition or requirement specified,
        in relation to the article, in the Attorney-General's permission.".