GT40NZ Import To Australia HELP HELP

[Kevin Box]

Gents - I'd appreciate some help / advice

I have just moved to Adelaide (Aust) and as part of the move from New Zealand I thought it would be logical to pack our household and my partially constructed GT40NZ kit into a 40 foot container and bring it with me to Australia.
The container arrived in September and then I got this note from the removal company.

Quarantine have inspected your goods, and have cleared them.

I have received an email from Customs (below in blue) in relation to the car body and parts within the consignment.

We've examined this consignment and have found a Ford GT-40 fibreglass car body, engine, gearbox, suspension parts & mag wheels. *I believe on what we've * * * * seen that this is a Ford GT-40 kit car in a knocked down state & thus requires a permit to import. *

Can you please contact the consignee & advise him we require a permit to import this kit car. *He will also need to have the vehicle entered by a broker (Nature 10 entry), as motor vehicles (& car parts for that matter) cannot be informally cleared as personal effects. *

Invoices will need to be provided and evidence of money price paid.

In order for Customs to clear your consignment, you will need to get an import approval for the car/parts. *I will be able to organise all other aspects for clearance.



I have applied to the Vehicle Import people and filled out a VSB10 (Import approval form)
and was asked the following questions

1 Do I have a CAMS competition licence and will the vehicle be used for competiton only
I ticked the box which asked will it be used for competition.
2 Does the vehicle have a ADR, VIN etc

The answer to #1 is that I do not and there apears to be some real restriction If i was able to import the kit solely for racing
The answer to #2 is no. It has the original serial number only.

It appears I cannot get it through customs without an approval for which I need an ADR compliance certificate. It is also true that I cannot get an ADR compliance until I get it through Customs and Finished ??????

I have supplied the necessary information and included a letter stating that the kit is very much incomplete and really only a collection of parts but this is not progressing.
It is looking like I will have to export part or all of it back to NZ and that is not a prospect I want to entertain.

Has any one else been through this or can they help ?????

I look forward to any help I can get

Thanks

Kevin Box (+61 400 222 063)

 

[Dalton Veitch]

Not good news, Kevin. I would think you need to decide and then clearly state what your intended use is (build up for personal racing use, or for road use intending to fully comply with ADR's, as certified by a certifier, but not intended for resale.
However, someone like Trevor Booth on this forum, or Craig White (local RCR importer) would probably have more info on the legal side re import of kits and clearance.
Dalton

 

[Kevin Box]

Dalton

I think I already know the answer to that.
Predominantly road use with maybe the odd track day.
Race-only is too restrictive but may be the only option so I can get it finished.

Thanks

KB

 

[Kevin Box]

I probaly should clarify some things here.
The chassis / body is as per pictures (attached) and apart from trial fits nothing is actually permanently attached to the frame.
Also the parts I have collcted over the years in no way make a complete car.
I fail to see why it requires a vehicle import licence when really it is just a pile of parts

 

[flatchat(Chris)]

Looks like a window display to me :laugh:

You can only argue with the customs people on that one --it usually boils down to how much more cash they can get out of ya.

We make perfectly good cars here anyway --- no need to bring them with you :uneasy: :laugh:

 

[Randy V]

Apart from the steering rack being obviously well used - I see no other cues that this might have been a completed car at one time and then broken down for import... Maybe it's things like dirty parts from a donor that has them all worked up?

 

[Trevor Booth]

Kevin,

Customs have got it wrong, as a collection of parts it does not constitute a motor vehicle. A motor vehicle is a vehicle that can be driven under its own motive power. Not being a motor vehicle it is not subject to the motor vehicle standards act and hence no import approval is requred.

However, a motor vehicle assembled from iimported used parts is subject to the motor vehicle standards act and requires a compliance plate. Once assembled in australia you will fall into this category even though some parts will be new.

You may have a case for importation as personal effects in the event that you have owned the "vehicle" for a period in excess of 12 months.

Customs have not made a ruling, they have said "we believe" - they are inviting you to present an argument to rebut their belief.

You should enlist the services of a Customs broker with expertise in motor vehicle importation to present your case to customs.

Trevor

 

[Kevin Box]

Trevor thanks for your help.

DOES ANYONE know of an excellent broker in adelaide or close????
If anyone has experience challenging the customs people I like to hear ???

Is it worth talking to a legal firm also ???

 

[Craig White]

Kevin, I will email you an extract from the customs documentation on how they determine what is and what isn't a vehicle.

By looking at what you have there, you have all the major components of a vehicle, so I can see why they have determined it is a vehicle.

Doesn't matter whether the vehicle is assembled , disassembled or incomplete. A disassembled vehicle is treated the same as an assembled vehicle, it all comes down to the parts that are present in each shipment. There is nothing stopping you from using multiple shipments and this is ok.

It is quite restrictive here to import complete vehicles, either for road or race use.

This problem could have been easily fixed before the parts were shipped from NZ.

You have an email. You are more than welcome to call me directly and I will see where I can help. Good luck with it.

 

[Trevor Booth]

customs have not yet made a determination , they have said "we believe" , they have also by inference suggested that it is a complete car - 'kit in knocked down condition"

it is up to you to mount a succesful argument

whether or not customs ultimately deterrmine it to be a motor vehicle or a vehicle under the customs act it is not a motor vehicle under the MVSA and does not need an import approval.

what Craig is talking about I think applies if it was a whole vehicle in the first instance and then dismantled before importation or a whole motor vehicle in parts from a single source.

I have encountered this a long time ago with importers of old car parts whereby there were enough parts to assemble more than one motor vehicle all in the one container but the parts did not represent all the parts from a single vehicle. They were a collection of parts from many motor vehicles. The same situation arose but was defetaed as the parts were not all from the one motor vehicle, ie it was not a whole vehicle dismantled before importation.

The Regs may well have changed since.


There is a huge difference between "vehicle" and "motor vehicle"

there exists conflict between the two acts and that is why I suggest you engage a customs broker.
The broker need not be SA located

 

[smith1215]

Trevor thanks for your help.

DOES ANYONE know of an excellent broker in adelaide or close????
If anyone has experience challenging the customs people I like to hear ???

Is it worth talking to a legal firm also ???

Try Main Freight. Email Oscar Rossini [email protected] THey just shipped a Ferrari 246GT to Melbourne for me and ship a lot of cars to NZ. They might be able to help/

steve

 

[Kevin Box]

After a prolonged negotiation with the various Australian goverment officials, my 40 and all its bits have been released from customs yesterday.
I guess patience has some merit ???

thanks to all who offered help


regards

KevinB

 

[Dalton Veitch]

Well, that's great news Kevin. Now what was the determination? Was it NOT classed as a motor vehicle re import approval? Do you have any advice for the rest of NZ who seem to be coming here? Just kidding, but the movement of car bits/kit is interesting when you see attractive ads O/S for vehicle kits and projects.

 

[Kevin Box]

The best advise I can give anybody regards bringing a GT40 into Aust is to bring it in, in as many bits as you can. - Under separate packages and not in the same container load.
I prefer not to publish the classification of my import as it seems the door may be closing.

I will say however that if it looks like you have an engine, trans and body they consider it to be a car unless you are a certified importer and there seems little you can do with that.
They were not sympathetic to it being a collection of parts.

If you do bring in enough bits to be recognised as a car, there is a requirement for import that it either has to be either complete and registered (read used on the road) in the country of origin for more than 12 months in your name. The alternative is that it must have Aust VIN / ADR compliance which ironically you cannot get until it is here and certified. This is a never ending circle of debate which Customs and Vehicle Imports are quite good at.

Hope this helps any future importers.

KB

 

[Pete McCluskey.]

Glad you finally got it sorted Kevin, dealing with any form of bureaucracy
does my head in. Logic seems to be abandoned for adherence to "The rules"

 

[Kevin Box]

Pete

You're not wrong there.

I remember once reading an article "Goffals and the Crap Detector"
I should have remembered !!!! It described what i have been through very accurately.

I wish i could find a copy of it to post

Goffals = (Government Officials)


Regards

KB

 

[Russ Noble]

Good one Kevin.

"All's well that ends well." Best of luck with the continuation of the build.

 

[Paolo-LoveGT40 Modelworks]

read now all this history.
Just curious, what happens if I come to Australia with my BMW plated italian , and then decide to become a baywatch in that country for the rest of my life? My car will remain european plated for one year, right? ..then what happens?

Didnt really know also there u have so many restrictions over imported cars? How much is the taxation over imported cars? (I mean complete cars).Looking at Uk there should be only a difference over VAT taxations..

 

[Pete McCluskey.]

read now all this history.
Just curious, what happens if I come to Australia with my BMW plated italian , and then decide to become a baywatch in that country for the rest of my life? My car will remain european plated for one year, right? ..then what happens?

Didnt really know also there u have so many restrictions over imported cars? How much is the taxation over imported cars? (I mean complete cars).Looking at Uk there should be only a difference over VAT taxations..

This might help. Eligibility Criteria