Interpretation—Identical goods and similar goods
156 Interpretation—Identical goods and similar goods
Subject to subsection (2), a reference in this Division to identical goods, in relation to imported goods is a reference to goods that a Collector is prepared, or is required by their owner, to treat as identical goods in relation to the imported goods, being goods that the Collector is satisfied:
are the same in all material respects, including physical characteristics, quality and reputation, as the imported goods;
were produced in the same country as the imported goods; and
were produced by or on behalf of the producer of the imported goods;
but not being goods in relation to which:
art work, design work, development work, engineering work undertaken, or substantially undertaken, in Australia; or
models, plans or sketches prepared, or substantially prepared, in Australia;
was or were supplied directly or indirectly by or on behalf of the purchaser free of charge or at a reduced cost for use in relation to their production.
Where a Collector, after reasonable inquiry, is not aware of any goods that may be treated under subsection (1) as identical goods in relation to the goods to be valued, the Collector shall disregard the requirement in paragraph (1)(c) for the purpose of treating goods as identical goods in relation to the imported goods.
Subject to subsection (4), a reference in this Division to similar goods, in relation to imported goods, is a reference to goods that a Collector is prepared, or is required by their owner, to treat as similar goods in relation to the imported goods, being goods that the Collector is satisfied:
closely resemble the imported goods in respect of component materials and parts and in respect of physical characteristics;
are functionally and commercially interchangeable with the imported goods having regard to the quality and reputation (including any relevant trade marks) of each lot of goods;
were produced in the same country as the imported goods; and
were produced by or on behalf of the producer of the imported goods;
but not being goods in relation to which:
art work, design work, development work or engineering work undertaken, or substantially undertaken, in Australia; or
models, plans or sketches prepared, or substantially prepared, in Australia;
was or were supplied directly or indirectly by or on behalf of the purchaser free of charge or at a reduced cost for use in relation to their production.
Where a Collector, after reasonable inquiry, is not aware of any goods that may be treated under subsection (3) as similar goods in relation to the goods to be valued, the Collector shall disregard the requirement in paragraph (3)(d) for the purpose of treating goods as similar goods in relation to the imported goods.
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