It is with much pleasure we report that the Australian Border Force (Customs) has today announced marriage equality within their duty free entitlements By-Law (Item 15) for arriving passengers into Australia – with effect on and from 1 February 2018.

For those not familiar with Item 15, it is the legal instrument that gives rise to the inwards or arriving passenger duty free concessions, that most residents of Australia utilise to exempt duty and GST on goods purchased abroad whilst on vacation or arriving for the first time etc.

The entire duty free concession (By-Law) can be viewed via the web link below, however in summary:-

For the purposes of item 8 of the Table, the amount, in respect of a family that arrived in Australia on a flight or voyage, is the amount calculated in accordance with the formula: ($900 x A) + ($450 x C) where: A is the number of adults in the family who were on the flight or voyage; and C is the number of children in the family who were on the flight or voyage. “

Naturally, there are other restrictions or limitations on the quantum of tobacco and alcohol etc that can be imported duty free by arriving passengers.

In relation to Same Sex Marriage changes:-

“The Act removes restrictions that limit marriage in Australia to the union of a man and woman and allows two people the freedom to marry in Australia, regardless of their sex or gender. The Act also recognises foreign same-sex marriages in Australia.”

‘Changes to the definition of ‘Family’

By-law No.1700571 and by-law No.1700581 define ‘Family’ as:

(a) 2 people who are married, and any of their children; or (b) a person and his or her de facto partner (within the meaning of the Acts Interpretation Act 1901), and any of their children.’

Also: “Replacement of the phrase “permanent resident” with “arriving resident” 

“New by-law No.1700581 also replaces the expression “permanent resident” with the expression “arriving resident” to avoid inconsistency with Australian migration legislation. “Arriving resident” means a person who arrives in Australia and intends immediately to take up or resume residence in Australia; and (a) is an Australian citizen for the purposes of the Australian Citizenship Act 2007 (as amended from time to time); or (b) holds a permanent visa within the meaning of the Migration Act 1958 (as amended from time to time); or

(c) holds a special category visa within the meaning of the Migration Act 1958 (as amended from time to time)”

For additional information in relation to the announcement and the coverage of the duty free concessions, please refer to:-


Kind Regards

Russell Wilkinson


Trusted Trader International