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Australia

AU446

Atrás

Customs Act 1901 (consolidated as of July 1, 2017)

 Customs Act 1901 (consolidated as of July 1, 2017)

Prepared by the Office of Parliamentary Counsel, Canberra

Customs Act 1901

No. 6, 1901

Compilation No. 145

Compilation date: 1 July 2017

Includes amendments up to: Act No. 19, 2017

Registered: 12 July 2017

This compilation is in 4 volumes

Volume 1: sections 1–183U

Volume 2: sections 183UA–269SK

Volume 3: sections 269SM–277A

Schedule

Volume 4: Endnotes

Each volume has its own contents

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About this compilation

This compilation

This is a compilation of the Customs Act 1901 that shows the text of the law as

amended and in force on 1 July 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information

about amending laws and the amendment history of provisions of the compiled

law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the

compiled law. Any uncommenced amendments affecting the law are accessible

on the Legislation Register (www.legislation.gov.au). The details of

amendments made up to, but not commenced at, the compilation date are

underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled

law.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment of the compiled law is affected by

an application, saving or transitional provision that is not included in this

compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see

the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as

modified but the modification does not amend the text of the law. Accordingly,

this compilation does not show the text of the compiled law as modified. For

more information on any modifications, see the series page on the Legislation

Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a

provision of the law, details are included in the endnotes.

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Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Contents

Part I—Introductory 1 1 Short title...........................................................................1

2 Commencement.................................................................1

4 Definitions.........................................................................1

4AAA Members of family ..........................................................29

4AA Act not to apply so as to exceed Commonwealth

power...............................................................................29

4AB Compensation for acquisition of property .......................30

4A Approved forms and approved statements.......................31

4B What is a Customs-related law ........................................31

4C Identity cards ...................................................................32

5 Penalties at foot of sections or subsections......................32

5AA Application of the Criminal Code ...................................33

Part II—Administration 34 5A Attachment of overseas resources installations ...............34

5B Installation of overseas sea installations..........................35

5C Certain installations to be part of Australia .....................36

6 Act does not extend to external Territories......................37

7 General administration of Act .........................................37

8 Collectors, States and Northern Territory........................38

8A Attachment of part of a State or Territory to

adjoining State or Territory for administrative

purposes ..........................................................................38

9 Delegation .......................................................................39

11 Arrangements with States and the Northern

Territory ..........................................................................39

13 Customs seal....................................................................40

14 Flag..................................................................................41

15 Appointment of ports etc. ................................................41

19 Accommodation on wharfs and at airports ......................42

20 Waterfront area control ...................................................42

25 Persons before whom declarations may be made ............45

26 Declaration by youths......................................................45

28 Working days and hours etc. ...........................................45

Part III—Customs control examination and securities generally 47 30 Customs control of goods................................................47

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30A Exemptions under Torres Strait Treaty............................50

31 Goods on ships and aircraft subject to customs

control .............................................................................54

33 Persons not to move goods subject to customs

control .............................................................................54

33A Resources installations subject to customs control ..........56

33B Sea installations subject to customs control ....................57

33C Obstructing or interfering with Commonwealth

property in a Customs place ............................................58

34 No claim for compensation for loss.................................58

35 Goods imported by post ..................................................58

35A Amount payable for failure to keep dutiable goods

safely etc..........................................................................59

36 Offences for failure to keep goods safely or failure

to account for goods ........................................................60

37 Accounting for goods ......................................................63

42 Right to require security ..................................................63

43 Form of security ..............................................................64

44 General securities may be given ......................................65

45 Cancellation of securities ................................................65

46 New securities .................................................................66

47 Form of security ..............................................................66

48 Effect of security .............................................................67

Part IV—The importation of goods 68

Division 1A—Preliminary 68

49 Importation......................................................................68

49A Ships and aircraft deemed to be imported .......................68

49B Installations and goods deemed to be imported...............70

49C Obligations under this Part may be satisfied in

accordance with a trusted trader agreement.....................71

Division 1—Prohibited imports 72

50 Prohibition of the importation of goods...........................72

51 Prohibited imports ...........................................................74

51A Certain controlled substances taken to be

prohibited imports ...........................................................75

52 Invalidation of licence, permission etc. for false or

misleading information....................................................75

Division 2—The boarding of ships and aircraft 76

58 Ships and aircraft to enter ports or airports......................76

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58A Direct journeys between installations and external

places prohibited .............................................................77

58B Direct journeys between certain resources

installations and external places prohibited .....................80

60 Boarding stations.............................................................82

61 Facility for boarding........................................................83

61A Owner or operator of port etc. to facilitate

boarding ..........................................................................83

62 Ships to come quickly to place of unlading.....................84

63 Ship or aircraft not to be moved without authority..........84

Division 3—The report of the cargo 86

Subdivision A—General reporting requirements 86

63A Definitions.......................................................................86

64 Impending arrival report..................................................89

64AA Arrival report...................................................................91

64AAA Report of stores and prohibited goods .............................93

64AAB Notifying Department of particulars of cargo

reporters ..........................................................................95

64AAC Report to Department of persons engaged to

unload cargo ....................................................................96

64AB Cargo reports ...................................................................97

64ABAA Outturn reports ..............................................................101

64ABAB When outturn report is to be communicated to

Department ....................................................................102

64ABAC Explanation of shortlanded or surplus cargo .................104

64ACA Passenger reports...........................................................105

64ACB Crew reports ..................................................................108

64ACC Information does not have to be reported if it has

already been reported under the Migration Act

1958...............................................................................110

64ACD Offence for failure to comply ........................................110

64ACE Communication of reports.............................................111

64ADAA Requirements for communicating to Department

electronically .................................................................111

64ADA Disclosure of cargo reports to port authorities...............112

64AE Obligation to answer questions and produce

documents .....................................................................112

64AF Obligation to provide access to passenger

information....................................................................113

64A Ships or aircraft arriving at certain places .....................116

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65 Master or pilot of wrecked ship or aircraft to report......116

66 Goods derelict to be delivered to officer .......................117

67 Interference with derelict goods ....................................118

Subdivision C—The registration, rights and obligations of special

reporters 118

67EA Special reporters............................................................118

67EB Requirements for registration as a special reporter........118

67EC The making of an application ........................................121

67ED Consideration of the application....................................122

67EE Basic conditions attaching to registration as a

special reporter ..............................................................124

67EF Storage and record maintenance conditions ..................125

67EG Special mail-order house condition ...............................126

67EH Further conditions may be imposed by regulations .......126

67EI Breach of conditions of registration ..............................126

67EJ Duration of registration .................................................127

67EK Renewal of registration .................................................127

67EL Comptroller-General of Customs to allocate a

special identifying code for each special reporter..........130

67EM Cancellation of registration as special reporter..............130

Subdivision E—Registering re-mail reporters 132

67F Applying to be a re-mail reporter ..................................132

67G Registering re-mail reporters .........................................132

67H Fit and proper person test ..............................................133

67I Obligation of re-mail reporters to notify

Comptroller-General of Customs of certain matters......136

67J Varying etc. conditions of registration ..........................136

67K Cancelling the registration of a re-mail reporter............136

Division 4—The entry, unshipment, landing, and examination of

goods 138

Subdivision A—Preliminary 138

68 Entry of imported goods................................................138

68A Goods imported for transhipment..................................140

69 Like customable goods and excise-equivalent

goods .............................................................................140

70 Special clearance goods.................................................144

71 Information and grant of authority to deal with

goods not required to be entered....................................146

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Subdivision AA—Information and grant of authority to deal with

Subdivision AA goods 147

71AAAA Meaning of Subdivision AA goods.................................147

71AAAB Report and grant of authority to deal with

Subdivision AA goods...................................................147

71AAAC Suspension of authority to deal with Subdivision

AA goods ......................................................................148

Subdivision AB—Information and grant of authority to deal with

specified low value goods 149

71AAAD Meaning of specified low value goods...........................149

71AAAE Regulations....................................................................149

71AAAF Making a self-assessed clearance declaration................150

71AAAG Collector’s response if a self-assessed clearance

declaration is communicated separately from a

cargo report ...................................................................150

71AAAH Collector’s response if a self-assessed clearance

declaration is communicated together with a cargo

report .............................................................................151

71AAAI Authority to deal with goods covered by a

self-assessed clearance declaration................................151

71AAAJ Contents of authority to deal with specified low

value goods....................................................................152

71AAAK No authority to deal with specified low value

goods while subject to a direction to hold or

further examine .............................................................152

71AAAL No authority to deal with specified low value

goods unless duty etc. paid............................................153

71AAAM Suspension of authority to deal with specified low

value goods....................................................................154

71AAAN Cancellation of authority to deal with specified

low value goods.............................................................155

71AAAO Officer may seek further information in relation to

self-assessed clearance declaration................................156

71AAAP Withdrawal of self-assessed clearance declarations ......158

71AAAQ Further self-assessed clearance declaration not to

be given while there is an existing self-assessed

clearance declaration .....................................................159

71AAAR Effect of withdrawal of a self-assessed clearance

declaration .....................................................................159

71AAAS Annotation of self-assessed clearance declaration

by Collector for certain purposes not to constitute

withdrawal.....................................................................160

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71AAAT Manner and effect of communicating self-assessed

clearance declarations to Department ............................160

Subdivision B—Import declarations 161

71A Making an import declaration .......................................161

71B Liability for import declaration processing charge ........163

71BA Warehoused goods declaration fee ................................164

71C Authority to deal with goods in respect of which

an import declaration has been made.............................165

71D Visual examination in presence of officer .....................169

71DA An officer may seek additional information ..................170

Subdivision D—Warehouse declarations 172

71DH Making a warehouse declaration ...................................172

71DI Liability for warehouse declaration processing

charge ............................................................................173

71DJ Authority to deal with goods in respect of which a

warehouse declaration has been made ...........................174

71DK Visual examination in presence of officer .....................177

71DL An officer may seek additional information ..................178

Subdivision E—General 180

71E Application for movement permission ..........................180

71F Withdrawal of import entries.........................................183

71G Goods not to be entered while an entry is

outstanding ....................................................................184

71H Effect of withdrawal ......................................................184

71J Annotation of import entry by Collector for certain

purposes not to constitute withdrawal ...........................185

71K Manner of communicating with Department by

document .......................................................................185

71L Manner and effect of communicating with

Department electronically .............................................186

71M Requirements for communicating to Department

electronically .................................................................186

72 Failure to make entries ..................................................187

73 Breaking bulk ................................................................188

74 Officer may give directions as to storage or

movement of certain goods ...........................................188

76 Goods landed at ship’s risk etc. .....................................189

77 Repacking on wharf.......................................................190

77AA Disclosure of information to cargo reporter or

owner of goods ..............................................................190

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Division 5—Detention of goods in the public interest 192

77EA Minister may order goods to be detained ......................192

77EB Notice to person whose goods are detained...................192

77EC Detention of goods by Collector....................................193

77ED Minister may authorise delivery of detained goods

into home consumption .................................................193

77EE Minister may authorise export of detained goods..........193

77EF When goods have been detained for 12 months ............194

Part IVA—Depots 196 77F Interpretation .................................................................196

77G Depot licences ...............................................................197

77H Application for a depot licence......................................198

77J Comptroller-General of Customs may require

applicant to supply further information .........................198

77K Requirements for grant of depot licence........................199

77L Granting of a depot licence............................................201

77LA Variation of places covered by depot licence ................202

77N Conditions of a depot licence—general.........................203

77P Conditions of a depot licence—imported goods............206

77Q Comptroller-General of Customs may impose

additional conditions to which a depot licence is

subject ...........................................................................207

77R Breach of conditions of depot licence ...........................208

77S Duration of depot licences.............................................208

77T Renewal of depot licences .............................................209

77U Licence charges .............................................................210

77V Notice of intended cancellation etc. of a depot

licence ...........................................................................210

77VA Depot must not be used if depot licence is

suspended etc.................................................................213

77VB Revocation of suspension of depot licences ..................215

77VC Cancellation of depot licences.......................................215

77W Refund of depot licence charge on cancellation of

a depot licence...............................................................216

77X Collector’s powers in relation to a place that is no

longer a depot ................................................................217

77Y Collector may give directions in relation to goods

subject to customs control .............................................218

77Z Licences cannot be transferred ......................................219

77ZA Service of notice............................................................220

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Part V—Warehouses 221 78 Interpretation .................................................................221

79 Warehouse licences .......................................................222

80 Applications for warehouse licences .............................222

80A Comptroller-General of Customs may require

applicant to supply further information .........................223

81 Requirements for grant of warehouse licence................223

81A Grant of a warehouse licence ........................................225

81B Variation of the place covered by a warehouse

licence ...........................................................................226

82 Conditions of warehouse licences .................................228

82A Comptroller-General of Customs may impose

additional conditions to which a warehouse licence

is subject........................................................................230

82B Comptroller-General of Customs may vary the

conditions to which a warehouse licence is subject .......230

82C Breach of conditions of a warehouse licence.................231

83 Duration of warehouse licence ......................................231

84 Renewal of warehouse licence ......................................233

85 Licence charges .............................................................234

85A Payment of warehouse licence charge ...........................234

86 Suspension of warehouse licences.................................235

87 Cancellation of warehouse licences...............................240

87A Refund of warehouse licence charge .............................242

88 Service of notices ..........................................................243

89 Death of licence holder..................................................243

90 Obligations of holders of warehouse licences ...............243

91 Access to warehouses ....................................................244

92 Repacking in warehouse................................................244

93 Regauging etc. of goods ................................................244

94 Goods not worth duty may be destroyed .......................245

95 Revaluation ...................................................................245

96 Arrears of warehouse charges........................................245

96A Outwards duty free shops ..............................................246

96B Inwards duty free shops.................................................250

97 Goods for public exhibition...........................................253

98 Goods blended or packaged in warehouse.....................253

99 Entry of warehoused goods ...........................................254

100 Entry of goods without warehousing with

permission of Collector .................................................255

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101 Delivery of warehousing authority ................................256

102 Holder of licence to inform Collector of certain

matters ...........................................................................256

102A Notices to Department by holder of warehouse

licence ...........................................................................257

Part VAAA—Cargo terminals 258

Division 1—Preliminary 258

102B Definitions.....................................................................258

102BA Meaning of fit and proper person..................................259

Division 2—Obligations of cargo terminal operators 261

102C Notifying Department of cargo terminal .......................261

102CA Physical security of cargo terminal and goods ..............261

102CB Movement of signs at or near cargo terminal ................262

102CC Notification requirements relating to goods ..................262

102CD Unclaimed goods...........................................................263

102CE Record keeping requirements ........................................263

102CF Fit and proper person.....................................................264

102CG Adequate training of staff ..............................................264

102CH Complying with directions ............................................265

102CI Responsibility to provide facilities and assistance.........265

102CJ Comptroller-General of Customs may impose

additional obligations ....................................................265

102CK Offence—failure to comply with obligations or

requirements ..................................................................265

Division 3—Obligations of cargo handlers 267

102D Certain provisions of Division 2 apply..........................267

102DA Unpacking of goods in containers at cargo

terminal .........................................................................267

102DB Facilitating transhipment or export of goods.................267

102DC Using establishment identification when

communicating with Department ..................................267

102DD Comptroller-General of Customs may impose

additional obligations ....................................................268

102DE Offence—failure to comply with obligations or

requirements ..................................................................268

Division 4—Powers of authorised officers 269

102E General powers..............................................................269

102EA Power to make requests .................................................270

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102EB Power to give directions ................................................270

Division 5—Directions to cargo terminal operators or cargo

handlers 272

102F Directions to cargo terminal operators or cargo

handlers etc....................................................................272

102FA Offence—failure to comply with direction....................273

Part VA—Special provisions relating to beverages 274 103 Interpretation .................................................................274

104 Customable beverage imported in bulk must be

entered for warehousing ................................................274

105 Certain customable beverage not to be entered for

home consumption in bulk containers without

approval of Comptroller-General of Customs ...............274

105A Delivery from customs control of brandy, whisky

or rum............................................................................275

Part VAA—Special provisions relating to excise-equivalent

goods 276 105B Extinguishment of duty on excise-equivalent

goods .............................................................................276

105C Returns ..........................................................................277

105D GST matters ..................................................................279

105E Use of excise-equivalent goods in the manufacture

of excisable goods to occur at a dual-licensed

place ..............................................................................280

Part VB—Information about persons departing Australia 281

Division 1—Reports on departing persons 281

Subdivision A—Reports on departing persons 281

106A Ships and aircraft to which this Subdivision

applies ...........................................................................281

106B Report 48 hours before ship or aircraft is due to

depart.............................................................................281

106C Report 4 hours before ship or aircraft is due to

depart.............................................................................282

106D Report just before ship or aircraft departs .....................283

Subdivision B—Reports on matters in approved statement 284

106E Ships and aircraft to which this Subdivision

applies ...........................................................................284

106F Reports on matters in approved statement .....................284

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Subdivision C—How reports under this Division are to be made 284

106G Reports to be made electronically .................................284

106H Reports to be made by document if approved

electronic system or other approved format or

method unavailable........................................................285

106I Comptroller-General of Customs may approve

different statements or forms.........................................286

Division 2—Questions about departing persons 287

106J Officers may question operators about departing

persons ..........................................................................287

Part VI—The exportation of goods 288

Division 1AAA—Preliminary 288

107 Obligations under this Part may be satisfied in

accordance with a trusted trader agreement...................288

Division 1—Prohibited exports 289

112 Prohibited exports .........................................................289

112A Certain controlled substances taken to be

prohibited exports..........................................................291

112B Invalidation of licence, permission etc. for false or

misleading information..................................................292

Division 1AA—Export of goods for a military end-use 293

112BA Notice prohibiting export ..............................................293

112BB How notices are to be given ..........................................295

112BC Statement to Parliament.................................................295

Division 1A—Directions in relation to goods for export etc. that

are subject to customs control 296

112C Collector may give directions in relation to goods

for export etc. that are subject to customs control .........296

112D Compliance with a direction given under

section 112C..................................................................296

Division 2—Entry and clearance of goods for export 298

Subdivision A—Preliminary 298

113 Entry of goods for export ..............................................298

113AA How an entry of goods for export is made.....................299

Subdivision B—Export declarations 300

114 Making an export declaration ........................................300

114A An officer may seek additional information ..................301

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114B Confirming exporters ....................................................303

Subdivision D—General 306

114C Authority to deal with goods entered for export ............306

114CA Suspension of an authority to deal with goods

entered for export in order to verify particulars of

the goods .......................................................................308

114CB Revocation of the suspension of an authority to

deal ................................................................................309

114CC An officer may seek additional information if an

authority to deal has been suspended.............................310

114D Goods to be dealt with in accordance with export

entry ..............................................................................312

114E Sending goods to a wharf or airport for export..............313

114F Notices to Department by person who receives

goods at a wharf or airport for export ............................314

115 Goods not to be taken on board without authority

to deal............................................................................314

116 What happens when goods entered for export by

an export declaration are not dealt with in

accordance with the export entry...................................315

117 Security .........................................................................316

117AA Consolidation of certain goods for export can only

occur at a prescribed place ............................................316

117A Submanifests to be communicated to Department.........317

118 Certificate of Clearance.................................................318

118A Requirements for granting a Certificate of

Clearance in respect of certain ships or aircraft.............319

119 Communication of outward manifest to

Department ....................................................................320

119AA Application for permission to move, alter or

interfere with goods for export ......................................321

119AB Application for permission to move, alter or

interfere with goods that are no longer for export .........323

119AC Dealing with an application for a permission to

move etc. goods that are no longer for export ...............323

119A Withdrawal of entries, submanifests and manifests.......324

119B Effect of withdrawal ......................................................325

119C Change of electronic entries and change of

submanifests and manifests treated as withdrawals .......325

119D Notification of export entries, submanifests,

manifests, withdrawals and applications .......................326

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119E Requirements for communicating to Department

electronically .................................................................326

120 Shipment of goods.........................................................326

122 Time of clearance ..........................................................327

Division 3A—Examining goods for export that are not yet

subject to customs control 328

122F Object of Division .........................................................328

122G Occupier of premises.....................................................328

122H Consent required to enter premises and examine

goods for export ............................................................328

122J Officer must leave premises if consent withdrawn........329

122K Power to search premises for export goods ...................329

122L Power to examine export goods.....................................330

122M Power to examine documents relating to export

goods .............................................................................330

122N Power to question occupier about export goods ............330

122P Power to bring equipment to the premises.....................330

122Q Compensation................................................................330

122R Powers in this Division are additional to other

powers ...........................................................................331

Division 4—Exportation procedures after Certificate of

Clearance issued 332

123 Ship to bring to and aircraft to stop at boarding

stations ..........................................................................332

124 Master or pilot to account for missing goods ................332

125 Goods exported to be landed at proper destination........333

126 Certificate of landing.....................................................333

Division 4A—Exportation of goods to Singapore 334

126AA Declaration concerning exports to Singapore................334

126AB Record keeping obligations ...........................................334

126AC Power to require records................................................334

126AD Power to ask questions ..................................................335

Division 4B—Exportation of textile and clothing goods to the US 336

126AE Authorised officer may request records or ask

questions........................................................................336

Division 4C—Exportation of goods to Thailand 338

126AF Definitions.....................................................................338

126AG Record keeping obligations ...........................................338

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126AH Power to require records................................................338

126AI Power to ask questions ..................................................339

Division 4D—Exportation of goods to New Zealand 340

126AJA Definitions.....................................................................340

126AJB Record keeping obligations ...........................................340

126AJC Power to require records................................................341

126AJD Power to ask questions ..................................................341

Division 4E—Exportation of goods to Chile 342

126AKA Definitions.....................................................................342

126AKB Record keeping obligations ...........................................342

126AKC Power to require records................................................342

126AKD Power to ask questions ..................................................343

Division 4F—Exportation of goods to Malaysia 344

126ALA Definitions.....................................................................344

126ALB Record keeping obligations ...........................................344

126ALC Power to require records................................................344

126ALD Power to ask questions ..................................................345

Division 4G—Exportation of goods to Korea 346

126AMA Definitions.....................................................................346

126AMB Record keeping obligations ...........................................346

126AMC Power to require records................................................346

126AMD Power to ask questions ..................................................347

Division 4H—Exportation of goods to Japan 348

126ANA Definitions.....................................................................348

126ANB Record keeping obligations ...........................................348

126ANC Power to require records................................................348

126AND Power to ask questions ..................................................349

Division 4J—Exportation of goods to China 350

126AOA Definitions.....................................................................350

126AOB Record keeping obligations ...........................................351

126AOC Power to require records................................................351

126AOD Power to ask questions ..................................................352

Division 5—Miscellaneous 353

126A Export of installations ...................................................353

126B Export of goods from installations ................................353

126C Size of exporting vessel.................................................353

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Part VIA—Electronic communications 355 126D Comptroller-General of Customs to maintain

information systems ......................................................355

126DA Communications standards and operation .....................355

126DB Authentication of certain electronic

communications ............................................................355

126DC Records of certain electronic communications ..............356

126DD Authentication, records and Electronic

Transactions Act 1999...................................................357

126E Communication to Department when information

system is temporarily inoperative..................................357

126F Payment when information system is temporarily

inoperative.....................................................................358

126G Meaning of temporarily inoperative..............................358

126H Comptroller-General of Customs may arrange for

use of computer programs to make decisions etc. .........359

Part VII—Ships’ stores and aircraft’s stores 360 127 Use of ships’ and aircraft’s stores..................................360

128 Unshipment of ships’ and aircraft’s stores ....................361

129 Ships’ and aircraft’s stores not to be taken on

board without approval..................................................361

130 Ship’s and aircraft’s stores exempt from duty ...............363

130A Entry not required for ship’s or aircraft’s stores ............363

130B Payment of duty on ship’s or aircraft’s stores ...............363

130C Interpretation .................................................................364

Part VIII—The duties 366

Division 1—The payment and computation of duties generally 366

131A Fish caught by Australian ships.....................................366

131AA Special provisions for goods taken to Joint

Petroleum Development Area .......................................366

131B Liability of Commonwealth authorities to pay

duties of Customs ..........................................................367

132 Rate of import duty .......................................................367

132AA When import duty must be paid ....................................368

132A Prepayment of duty .......................................................369

132B Declared period quotas—effect on rates of import

duty................................................................................370

132C Revocation and variation of quota orders......................372

132D Service of quota orders etc. ...........................................373

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133 Export duties .................................................................373

134 Weights and measures ...................................................374

135 Proportion......................................................................374

136 Manner of fixing duty....................................................374

137 Manner of determining volumes of, and fixing

duty on, beer..................................................................374

142 Measurement for duty ...................................................376

145 Value of goods sold.......................................................377

148 Derelict goods dutiable..................................................377

149 Duty on goods in report of cargo that are not

produced or landed ........................................................377

150 Samples .........................................................................377

152 Alterations to agreements where duty altered................377

Division 1AA—Calculation of duty on certain alcoholic

beverages 379

153AA Meaning of alcoholic beverage .....................................379

153AB Customs duty to be paid according to labelled

alcoholic strength of prescribed alcoholic

beverages.......................................................................379

153AC Rules for working out strength of prescribed

alcoholic beverages .......................................................380

153AD Obscuration ...................................................................381

Division 1A—Rules of origin of preference claim goods 382

153A Purpose of Division .......................................................382

153B Definitions.....................................................................382

153C Total expenditure of factory on materials......................384

153D Allowable expenditure of factory on materials..............385

153E Calculation of the cost of materials received at a

factory ...........................................................................388

153F Allowable expenditure of factory on labour ..................390

153G Allowable expenditure of factory on overheads ............391

153H Unmanufactured goods..................................................391

153L Manufactured goods originating in Papua New

Guinea or a Forum Island Country ................................391

153LA Modification of section 153L in special

circumstances ................................................................392

153M Manufactured goods originating in a particular

Developing Country ......................................................394

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153N Manufactured goods originating in a Developing

Country but not in any particular Developing

Country..........................................................................394

153NA Manufactured goods originating in a Least

Developed Country........................................................394

153P Manufactured goods originating in Canada...................395

153Q Manufactured goods originating in a country that

is not a preference country ............................................396

153R Are goods commercially manufactured in

Australia? ......................................................................397

153S Rule against double counting ........................................398

Division 1B—Rules of origin of goods claimed to be the produce

or manufacture of Singapore 399

Subdivision A—Preliminary 399

153U Purpose of this Division ................................................399

153UA Definitions.....................................................................399

153UB Rule against double counting ........................................401

153UC Comptroller-General of Customs may determine

cost of certain input, material etc...................................402

Subdivision B—Rules of origin of goods claimed to be the produce

or manufacture of Singapore 402

153V Goods claimed to be the produce or manufacture

of Singapore ..................................................................402

153VA Goods wholly manufactured in Singapore.....................403

153VB Goods partly manufactured in Singapore ......................403

153VC Reduction of the required percentage of allowable

cost to manufacture in unforeseen circumstances..........405

153VD Changing the required percentage of allowable

cost to manufacture in exceptional circumstances .........407

153VE Certificate of Origin requirements.................................408

153VF Consignment requirements ............................................409

Subdivision C—Allowable cost to manufacture 409

153W Allowable cost to manufacture ......................................409

153WA Allowable expenditure by principal manufacturer

on materials ...................................................................409

153WB Allowable expenditure by principal manufacturer

on labour........................................................................411

153WC Allowable expenditure by principal manufacturer

on overheads..................................................................411

Subdivision D—Total cost to manufacture 412

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153X Total cost to manufacture ..............................................412

153XA Total expenditure by principal manufacturer on

materials ........................................................................412

153XB Total expenditure by principal manufacturer on

overseas processing costs ..............................................413

Division 1C—US originating goods 414

Subdivision A—Preliminary 414

153Y Simplified outline..........................................................414

153YA Interpretation .................................................................415

Subdivision B—Goods wholly obtained or produced entirely in

the US 419

153YB Goods wholly obtained or produced entirely in the

US .................................................................................419

Subdivision C—Goods produced entirely in the US or in the US

and Australia exclusively from originating

materials 420

153YC Goods produced entirely in the US or in the US

and Australia exclusively from originating

materials ........................................................................420

Subdivision D—Goods (except clothing and textiles) produced

entirely in the US or in the US and Australia from

non-originating materials 420

153YD Simplified outline..........................................................420

153YE Goods (except clothing and textiles) produced

entirely in the US or in the US and Australia from

non-originating materials...............................................421

153YF Goods that are chemicals, plastics or rubber .................423

Subdivision E—Goods that are clothing or textiles produced

entirely in the US or in the US and Australia from

non-originating materials 424

153YG Simplified outline..........................................................424

153YH Goods that are clothing or textiles produced

entirely in the US or in the US and Australia from

non-originating materials...............................................424

153YI Goods that are clothing and textiles classified to

Chapter 62 of the Harmonized System..........................427

Subdivision F—Other US originating goods 428

153YJ Standard accessories, spare parts and tools ...................428

Subdivision G—Packaging materials and containers 428

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153YK Packaging materials and containers...............................428

Subdivision H—Consignment 429

153YL Consignment .................................................................429

Division 1D—Thai originating goods 430

Subdivision A—Preliminary 430

153Z Simplified outline..........................................................430

153ZA Interpretation .................................................................430

Subdivision B—Wholly obtained goods of Thailand 432

153ZB Wholly obtained goods of Thailand ..............................432

Subdivision C—Goods produced entirely in Thailand or in

Thailand and Australia 434

153ZC Simplified outline..........................................................434

153ZD Goods produced entirely in Thailand or in

Thailand and Australia ..................................................434

153ZE Goods that are chemicals, plastics or rubber .................436

Subdivision D—Other Thai originating goods 436

153ZF Standard accessories, spare parts and tools ...................436

Subdivision E—Packaging materials and containers 437

153ZG Packaging materials and containers...............................437

Subdivision F—Consignment 438

153ZH Consignment .................................................................438

Division 1E—New Zealand originating goods 439

Subdivision A—Preliminary 439

153ZIA Simplified outline..........................................................439

153ZIB Interpretation .................................................................440

Subdivision B—Goods wholly obtained or produced in New

Zealand or New Zealand and Australia 442

153ZIC Goods wholly obtained or produced in New

Zealand or New Zealand and Australia .........................442

Subdivision C—Goods produced in New Zealand or New Zealand

and Australia from originating materials 444

153ZID Goods produced in New Zealand or New Zealand

and Australia from originating materials .......................444

Subdivision D—Goods produced in New Zealand or New Zealand

and Australia from non-originating materials 444

153ZIE Goods produced in New Zealand or New Zealand

and Australia from non-originating materials................444

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153ZIF Packaging materials and containers...............................446

Subdivision E—Goods that are standard accessories, spare parts

or tools 446

153ZIG Goods that are standard accessories, spare parts or

tools...............................................................................446

Subdivision F—Goods wholly manufactured in New Zealand 447

153ZIH Goods wholly manufactured in New Zealand ...............447

Subdivision G—Non-qualifying operations 447

153ZIJ Non-qualifying operations.............................................447

Subdivision H—Consignment 448

153ZIK Consignment .................................................................448

Division 1F—Chilean originating goods 449

Subdivision A—Preliminary 449

153ZJA Simplified outline..........................................................449

153ZJB Interpretation .................................................................450

Subdivision B—Wholly obtained goods of Chile 452

153ZJC Wholly obtained goods of Chile....................................452

Subdivision C—Goods produced in Chile from originating

materials 453

153ZJD Goods produced in Chile from originating

materials ........................................................................453

Subdivision D—Goods produced in Chile, or Chile and Australia,

from non-originating materials 454

153ZJE Goods produced in Chile, or Chile and Australia,

from non-originating materials ......................................454

153ZJF Packaging materials and containers...............................457

Subdivision E—Goods that are accessories, spare parts, tools or

instructional or other information resources 457

153ZJG Goods that are accessories, spare parts, tools or

instructional or other information resources ..................457

Subdivision F—Non-qualifying operations 458

153ZJH Non-qualifying operations.............................................458

Subdivision G—Consignment 458

153ZJI Consignment .................................................................458

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Division 1G—ASEAN-Australia-New Zealand (AANZ)

originating goods 460

Subdivision A—Preliminary 460

153ZKA Simplified outline..........................................................460

153ZKB Interpretation .................................................................461

Subdivision B—Wholly obtained goods of a Party 464

153ZKC Wholly obtained goods of a Party .................................464

Subdivision C—Goods produced from originating materials 465

153ZKD Goods produced from originating materials ..................465

Subdivision D—Goods produced from non-originating materials 465

153ZKE Goods produced from non-originating materials

and classified in the tariff table......................................465

153ZKF Goods produced from non-originating materials

and not classified in the tariff table................................468

153ZKG Non-qualifying operations or processes ........................470

153ZKH Packaging materials and containers...............................471

Subdivision E—Goods that are accessories, spare parts, tools or

instructional or other information materials 471

153ZKI Goods that are accessories, spare parts, tools or

instructional or other information materials ..................471

Subdivision F—Consignment 472

153ZKJ Consignment .................................................................472

Division 1H—Malaysian originating goods 473

Subdivision A—Preliminary 473

153ZLA Simplified outline..........................................................473

153ZLB Interpretation .................................................................474

Subdivision B—Goods wholly obtained or produced in Malaysia

or in Malaysia and Australia 477

153ZLC Goods wholly obtained or produced in Malaysia or

in Malaysia and Australia ..............................................477

Subdivision C—Goods produced in Malaysia, or in Malaysia and

Australia, from originating materials 478

153ZLD Goods produced in Malaysia, or in Malaysia and

Australia, from originating materials.............................478

Subdivision D—Goods produced in Malaysia, or in Malaysia and

Australia, from non-originating materials 479

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153ZLE Goods produced in Malaysia, or in Malaysia and

Australia, from non-originating materials .....................479

153ZLF Packaging materials and containers...............................481

153ZLG Non-qualifying operations.............................................482

Subdivision E—Goods that are accessories, spare parts, tools or

instructional or other information materials 482

153ZLH Goods that are accessories, spare parts, tools or

instructional or other information materials ..................482

Subdivision F—Consignment 483

153ZLI Consignment .................................................................483

Division 1J—Korean originating goods 484

Subdivision A—Preliminary 484

153ZMA Simplified outline of this Division ................................484

153ZMB Interpretation .................................................................484

Subdivision B—Goods wholly obtained in Korea or in Korea and

Australia 487

153ZMC Goods wholly obtained in Korea or in Korea and

Australia ........................................................................487

Subdivision C—Goods produced in Korea, or in Korea and

Australia, from originating materials 489

153ZMD Goods produced in Korea, or in Korea and

Australia, from originating materials.............................489

Subdivision D—Goods produced in Korea, or in Korea and

Australia, from non-originating materials 490

153ZME Goods produced in Korea, or in Korea and

Australia, from non-originating materials .....................490

153ZMF Packaging materials and containers...............................492

Subdivision E—Non-qualifying operations 493

153ZMG Non-qualifying operations.............................................493

Subdivision F—Other matters 493

153ZMH Consignment .................................................................493

153ZMI Outward processing zones on the Korean

Peninsula .......................................................................494

Division 1K—Japanese originating goods 495

Subdivision A—Preliminary 495

153ZNA Simplified outline of this Division ................................495

153ZNB Interpretation .................................................................495

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Subdivision B—Goods wholly obtained in Japan 498

153ZNC Goods wholly obtained in Japan....................................498

Subdivision C—Goods produced in Japan from originating

materials 500

153ZND Goods produced in Japan from originating

materials ........................................................................500

Subdivision D—Goods produced in Japan, or in Japan and

Australia, from non-originating materials 500

153ZNE Goods produced in Japan, or in Japan and

Australia, from non-originating materials .....................500

153ZNF Packaging materials and containers...............................502

153ZNG Non-qualifying operations.............................................503

Subdivision E—Consignment 504

153ZNH Consignment .................................................................504

Division 1L—Chinese originating goods 505

Subdivision A—Preliminary 505

153ZOA Simplified outline of this Division ................................505

153ZOB Interpretation .................................................................506

Subdivision B—Goods wholly obtained or produced in the

territory of China 509

153ZOC Goods wholly obtained or produced in the territory

of China.........................................................................509

Subdivision C—Goods produced in China, or in China and

Australia, from originating materials 510

153ZOD Goods produced in China, or in China and

Australia, from originating materials.............................510

Subdivision D—Goods produced in China, or in China and

Australia, from non-originating materials 511

153ZOE Goods produced in China, or in China and

Australia, from non-originating materials .....................511

153ZOF Packaging materials and containers...............................513

Subdivision E—Goods that are accessories, spare parts or tools 514

153ZOG Goods that are accessories, spare parts or tools.............514

Subdivision F—Non-qualifying operations 514

153ZOH Non-qualifying operations.............................................514

Subdivision G—Consignment 515

153ZOI Consignment .................................................................515

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Division 2—Valuation of imported goods 516

154 Interpretation .................................................................516

155 Interpretation—Buying commission .............................536

156 Interpretation—Identical goods and similar goods........537

157 Interpretation—Royalties ..............................................539

158 Interpretation—Transportation costs .............................540

159 Value of imported goods ...............................................542

160 Inability to determine a value of imported goods

by reason of insufficient or unreliable information .......544

161 Transaction value ..........................................................545

161A Identical goods value.....................................................546

161B Similar goods value .......................................................547

161C Deductive (contemporary sales) value...........................548

161D Deductive (later sales) value .........................................551

161E Deductive (derived goods sales) value ..........................553

161F Computed value.............................................................555

161G Fall-back value ..............................................................556

161H When transaction value unable to be determined ..........557

161J Value of goods to be in Australian currency .................560

161K Owner to be advised of value of goods .........................562

161L Review of determinations and other decisions ..............563

Division 3—Payment and recovery of deposits, refunds, unpaid

duty etc. 565

162 Delivery of goods upon giving of security or

undertaking for payment of duty, GST and luxury

car tax............................................................................565

162A Delivery of goods on the giving of a general

security or undertaking for payment of duty, GST

and luxury car tax ..........................................................566

162AA Applications to deal with goods imported

temporarily without duty ...............................................570

162B Pallets used in international transport............................570

163 Refunds etc. of duty.......................................................571

164B Refunds of export duty ..................................................573

165 Recovery of unpaid duty etc. .........................................573

165A Refunds etc. may be applied against unpaid duty..........574

166 No refund if duty altered ...............................................575

Division 4—Disputes as to duty 576

167 Payments under protest .................................................576

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Part IX—Drawbacks 578 168 Drawbacks of import duty .............................................578

Part X—The coasting trade 579 175 Goods not to be transferred between certain

vessels ...........................................................................579

Part XA—Australian Trusted Trader Programme 584

Division 1—Preliminary 584

176 Establishment of the Australian Trusted Trader

Programme ....................................................................584

Division 2—Trusted trader agreement 585

Subdivision A—Entry into trusted trader agreement 585

176A Trusted trader agreement may be entered into...............585

176B Nomination process.......................................................586

Subdivision C—General provisions relating to trusted trader

agreements 586

178 Terms and conditions of trusted trader agreements .......586

178A Variation, suspension or termination of trusted

trader agreements ..........................................................586

Division 3—Register of Trusted Trader Agreements 588

178B Register of Trusted Trader Agreements ........................588

Division 4—Rules 589

179 Rules..............................................................................589

Part XI—Agents and customs brokers 591

Division 1—Preliminary 591

180 Interpretation .................................................................591

Division 2—Rights and liabilities of agents 593

181 Authorised agents ..........................................................593

182 Authority to be produced...............................................594

183 Agents personally liable ................................................594

183A Principal liable for agents acting ...................................595

Division 3—Licensing of customs brokers 596

183B Interpretation .................................................................596

183C Grant of licence .............................................................596

183CA Application for licence ..................................................596

183CB Reference of application to Committee .........................597

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183CC Requirements for grant of licence .................................598

183CD Eligibility to be nominee ...............................................600

183CE Original endorsement on licence ...................................601

183CF Variation of licences......................................................601

183CG Licence granted subject to conditions............................602

183CGA Comptroller-General of Customs may impose

additional conditions to which a broker’s licence is

subject ...........................................................................604

183CGB Comptroller-General of Customs may vary the

conditions to which a broker’s licence is subject...........605

183CGC Breach of conditions of a broker’s licence ....................605

183CH Duration of licence ........................................................606

183CJ Renewal of licence ........................................................606

183CJA Licence charges .............................................................607

183CK Security .........................................................................607

183CM Nominees.......................................................................609

183CN Removal of nominee .....................................................609

183CP Notice to nominate new nominee ..................................610

Division 4—Suspension, revocation and non-renewal of licences 611

183CQ Investigation of matters relating to a broker’s

licence ...........................................................................611

183CR Interim suspension by Comptroller-General of

Customs.........................................................................613

183CS Powers of Comptroller-General of Customs .................614

183CT Effect of suspension ......................................................615

183CU Service of notices ..........................................................615

Division 5—National Customs Brokers Licensing Advisory

Committee 616

183D National Customs Brokers Licensing Advisory

Committee .....................................................................616

183DA Constitution of Committee ............................................616

183DB Remuneration and allowances .......................................617

183DC Acting Chair ..................................................................617

183DD Deputy member .............................................................618

183E Procedure of Committees ..............................................619

183F Evidence........................................................................619

183G Proceedings in private ...................................................619

183H Determination of questions before a Committee ...........619

183J Customs broker affected by investigations to be

given notice ...................................................................619

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183K Summoning of witnesses ...............................................620

183L Service of notices and summonses ................................620

183N Committee may examine upon oath or affirmation .......621

183P Offences by witness.......................................................621

183Q Statements by witness ...................................................622

183R Witness fees ..................................................................622

183S Representation by counsel etc. ......................................622

183T Protection of members...................................................623

183U Protection of barristers, witnesses etc............................623

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Introductory Part I

Section 1

Customs Act 1901 1

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An Act relating to the Customs

Part I—Introductory

1 Short title

This Act may be cited as the Customs Act 1901.

2 Commencement

This Act shall commence on a day to be fixed by Proclamation.

4 Definitions

(1) In this Act except where otherwise clearly intended:

Adjacent area means an adjacent area in respect of a State, of the

Northern Territory or of the Territory of the Ashmore and Cartier

Islands, as determined in accordance with section 5 of the Sea

Installations Act.

Aircraft includes aeroplanes, seaplanes, airships, balloons or any

other means of aerial locomotion.

aircraft identification powers has the same meaning as in the

Maritime Powers Act 2013.

Airport means an airport appointed under section 15.

Airport owner includes the occupier of an airport.

Airport shop goods means:

(a) goods declared by the regulations to be airport shop goods

for the purposes of section 96B; or

(b) goods included in a class of goods declared by the

regulations to be a class of airport shop goods for the

purposes of that section.

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Part I Introductory

Section 4

2 Customs Act 1901

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Answer questions means that the person on whom the obligation of

answering questions is cast shall to the best of his or her

knowledge, information, and belief truly answer all questions on

the subject mentioned that an officer of Customs shall ask.

approved form means a form approved under section 4A.

approved statement means a statement approved under section 4A.

arrival means:

(a) in relation to a ship—the securing of the ship in a port, or

(b) in relation to an aircraft—the aircraft coming to a stop after

landing.

assessed GST has the meaning given by the GST Act.

assessed luxury car tax has the meaning given by the Luxury Car

Tax Act.

assessed wine tax has the meaning given by the Wine Tax Act.

Australia does not include the external Territories.

Australian aircraft means an aircraft that:

(a) is an Australian aircraft as defined in the Civil Aviation Act

1988; or

(b) is not registered under the law of a foreign country and is

either wholly owned by, or solely operated by:

(i) one or more residents of Australia; or

(ii) one or more Australian nationals; or

(iii) one or more residents of Australia and one or more

Australian nationals.

For the purposes of this definition, Australian national and

resident of Australia have the same meanings as in the Shipping

Registration Act 1981.

Australian Border Force Commissioner has the same meaning as

in the Australian Border Force Act 2015.

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Section 4

Customs Act 1901 3

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Australian resources installation means a resources installation

that is deemed to be part of Australia because of the operation of

section 5C.

Australian seabed means so much of the seabed adjacent to

Australia (other than the seabed within the Joint Petroleum

Development Area) as is:

(a) within the area comprising:

(i) the areas described in Schedule 1 to the Offshore

Petroleum and Greenhouse Gas Storage Act 2006; and

(ii) the Coral Sea area; and

(b) part of:

(i) the seabed beneath the coastal area; or

(ii) the continental shelf of Australia.

Australian sea installation means a sea installation that is deemed

to be part of Australia because of the operation of section 5C.

Australian ship means a ship that:

(a) is an Australian ship as defined in the Shipping Registration

Act 1981; or

(b) is not registered under the law of a foreign country and is

either wholly owned by, or solely operated by:

(i) one or more residents of Australia; or

(ii) one or more Australian nationals; or

(iii) one or more residents of Australia and one or more

Australian nationals.

For the purposes of this definition, Australian national and

resident of Australia have the same meanings as in the Shipping

Registration Act 1981.

Australian waters means:

(a) in relation to a resources installation—waters above the

Australian seabed; and

(b) in relation to a sea installation—waters comprising all of the

adjacent areas and the coastal area.

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authorised officer, in relation to a provision of this Act, means an

officer of Customs authorised under subsection (1AA) to exercise

the powers or perform the functions of an authorised officer under

that provision.

Note: See also subsection (1A).

authorising officer has the same meaning as in the Maritime

Powers Act 2013.

Authority to deal means:

(a) in relation to goods the subject of an export declaration—an

authority of the kind mentioned in paragraph 114C(1)(a); or

(b) in relation to goods the subject of an import declaration—an

authority of the kind referred to in subsection 71C(4); or

(d) in relation to goods the subject of a warehouse declaration—

an authority of the kind referred to in subsection 71DJ(4); or

(e) in relation to goods that are Subdivision AA goods within the

meaning of section 71AAAA or that are specified low value

goods within the meaning of section 71AAAD—an authority

under section 71.

Beer means any liquor on which, under the name of beer, any duty

of Customs imposed by the Parliament is payable.

Blending means a mixing together of 2 or more substances in order

to obtain a commercial product.

border controlled drug has the same meaning as in Part 9.1 of the

Criminal Code.

border controlled plant has the same meaning as in Part 9.1 of the

Criminal Code.

border controlled precursor has the same meaning as in Part 9.1 of

the Criminal Code.

Brought into physical contact has the same meaning as in the Sea

Installations Act.

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by authority means by the authority of the officer of Customs

doing duty in the matter in relation to which the expression is used.

cargo report means a report under section 64AB that is made in

respect of the cargo to be unloaded from, or kept on board, a ship

at a port or an aircraft at an airport.

cargo reporter, in relation to a ship or aircraft and in relation to a

particular voyage or flight, means:

(a) the operator or charterer of the ship or aircraft; or

(b) a slot charterer in respect of the ship; or

(c) a freight forwarder in respect of the ship or aircraft;

for the voyage or flight.

Carriage includes vehicles and conveyances of all kinds.

Carry, for the purposes of Division 1B of Part XII, has the

meaning given by subsection (19).

child: without limiting who is a child of a person for the purposes

of this Act, each of the following is the child of a person:

(a) an adopted child or exnuptial child of the person;

(b) someone who is a child of the person within the meaning of

the Family Law Act 1975.

Charter of the United Nations means the Charter of the United

Nations, done at San Francisco on 26 June 1945 [1945] ATS 1.

Note: The text of the Charter of the United Nations is set out in Australian

Treaty Series 1945 No. 1. In 2007, the text of a Convention in the

Australian Treaty Series was accessible through the Australian

Treaties Library on the AustLII website (www.austlii.edu.au).

Coastal area means the area comprising the waters of:

(a) the territorial sea of Australia; and

(b) the sea on the landward side of the territorial sea of Australia

and not within the limits of a State or an internal Territory.

commercial document, in relation to goods, means a document or

other record prepared in the ordinary course of business for the

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purposes of a commercial transaction involving the goods or the

carriage of the goods, but does not include a record of any

electronic transmission to or from the Department or a Collector:

(a) in respect of an import declaration, or warehouse declaration,

relating to the goods or the withdrawal of such an import

declaration or warehouse declaration; or

(b) in respect of an export entry, submanifest, or outward

manifest, relating to the goods or in respect of the withdrawal

of such an entry, submanifest or manifest.

Commissioner of Police means the Commissioner of Police

referred to in section 6 of the Australian Federal Police Act 1979,

and includes an acting Commissioner of Police.

Commonwealth aircraft means an aircraft that is in the service of

the Commonwealth and displaying the prescribed ensign or

prescribed insignia.

Commonwealth authority means an authority or body established

for a purpose of the Commonwealth by or under a law of the

Commonwealth (including an Ordinance of the Australian Capital

Territory).

Commonwealth ship means a ship that is in the service of the

Commonwealth and flying the prescribed ensign.

Comptroller-General of Customs means the person who is the

Comptroller-General of Customs in accordance with

subsection 11(3) or 14(2) of the Australian Border Force Act 2015.

Container means a container within the meaning of the Customs

Convention on Containers, 1972 signed in Geneva on 2 December

1972, as affected by any amendment of the Convention that has

come into force.

Coral Sea area has the same meaning as in section 7 of the

Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Country includes territory or other place, but does not include an

Australian resources installation or an Australian sea installation.

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Customs Acts means this Act and any instruments (including rules,

regulations or by-laws) made under this Act and any other Act, and

any instruments (including rules, regulations or by-laws) made

under any other Act, relating to customs in force within the

Commonwealth or any part of the Commonwealth.

customs broker means a customs broker within the meaning of

Part XI.

Customs-related law has the meaning given by section 4B.

Customs Tariff means an Act imposing duties of customs, and

includes such an Act that has not come into operation.

data includes:

(a) information in any form; or

(b) any program (or part of a program).

Days does not include Sundays or holidays.

Defence Minister means the Minister administering section 1 of

the Defence Act 1903.

depot operator means a person who holds a depot licence as

defined by subsection 77F(1).

Deputy Commissioner of Police means a Deputy Commissioner of

Police referred to in section 6 of the Australian Federal Police Act

1979, and includes:

(a) an acting Deputy Commissioner of Police; and

(b) a member of the Australian Federal Police authorized in

writing by the Commissioner of Police to act on behalf of the

Australian Federal Police for the purposes of this Act.

designated place means:

(a) a port, airport or wharf that is appointed, and the limits of

which are fixed, under section 15; or

(aa) a place to which a ship or aircraft has been brought because

of stress of weather or other reasonable cause as mentioned

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in subsection 58(1), while that ship or aircraft remains at that

place; or

(b) a place that is the subject of a permission under

subsection 58(2) while the ship or aircraft to which the

permission relates remains at that place; or

(c) a boarding station that is appointed under section 15; or

(d) a place from which a ship or aircraft that is the subject of a

permission under section 175 is required to depart, between

the grant of that permission and the departure of the ship or

aircraft; or

(e) a place to which a ship or aircraft that is the subject of a

permission under section 175 is required to return, while that

ship or aircraft remains at that place; or

(f) a section 234AA place that is not a place, or a part of a place,

referred to in paragraph (a), (aa), (b), (c), (d) or (e).

Detention officer means:

(a) for the purposes of Subdivision A of Division 1B of

Part XII—an officer of Customs who is a detention officer

because of a declaration under subsection 219ZA(1); or

(b) for the purposes of Subdivision B of that Division—an

officer of Customs who is a detention officer because of a

declaration under subsection 219ZA(2); or

(c) for the purposes of Subdivision C of that Division—an

officer of Customs who is a detention officer because of a

declaration under subsection 219ZA(3).

Detention place means:

(a) for the purposes of Subdivision B of Division 1B of

Part XII—a place that is a detention place because of

subsection 219ZB(1); and

(b) for the purposes of Subdivision C of that Division—a place

that is a detention place because of subsection 219ZB(2).

Division 1B Judge means:

(a) a Judge of the Federal Court of Australia, of the Supreme

Court of the Australian Capital Territory, or of the Family

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Court of Australia, in relation to whom a consent under

subsection 219RA(1) and a nomination under

subsection 219RA(2) are in force; or

(b) a Judge of the Supreme Court of a State to whom an

appropriate arrangement under subsection 11(1) applies; or

(c) a Judge of the Supreme Court of the Northern Territory who

is not a Judge referred to in paragraph (a) and to whom an

appropriate arrangement under subsection 11(2) applies.

Division 1B Magistrate means:

(a) a Magistrate of the Australian Capital Territory; or

(b) a Magistrate of a State to whom an appropriate arrangement

under subsection 11(1) applies; or

(c) a Judge of the Local Court of the Northern Territory to whom

an appropriate arrangement under subsection 11(2) applies.

documents include:

(a) any paper or other material on which there is writing; and

(b) any paper or other material on which there are marks, figures,

symbols or perforations having a meaning for persons

qualified to interpret them; and

(c) any paper or other material on which a photographic image

or any other image is recorded; and

(d) any article or material from which sounds, images or writing

is capable of being produced with or without the aid of a

computer or of some other device.

Drawback includes bounty or allowance.

Dutiable goods includes all goods in respect of which any duty of

Customs is payable.

Duty means duty of Customs.

electronic, in relation to a communication, means the transmission

of the communication by computer.

Environment related activity has the same meaning as in the Sea

Installations Act.

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excisable goods has the same meaning as in the Excise Act 1901.

excise-equivalent goods means goods prescribed by the regulations

for the purposes of this definition.

export declaration means an export declaration communicated to

the Department by document or electronically as mentioned in

section 114.

export entry means an entry of goods for export made as

mentioned in section 113AA.

Export entry advice means a communication, in respect of an

export entry, that is made in the manner, and has the form,

specified in regulations made for the purpose of

subsection 114C(1).

export entry advice means an export entry advice given under

subsection 114C(1).

External place means:

(a) a Territory other than an internal Territory; or

(b) a foreign country.

External search, in relation to a person, means a search of the

body of, and of anything worn by, the person:

(a) to determine whether the person is carrying any prohibited

goods; and

(b) to recover any such goods;

but does not include an internal examination of the person’s body.

Finance Minister means the Minister administering the Public

Governance, Performance and Accountability Act 2013.

foreign aircraft means an aircraft that is not an Australian aircraft.

foreign ship means a ship that is not an Australian ship.

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frisk search means:

(a) a search of a person conducted by quickly running the hands

over the person’s outer garments; and

(b) an examination of anything worn or carried by the person

that is conveniently and voluntarily removed by the person.

fuel means goods of a kind that fall within a classification in

subheading 2707, 2709 or 2710 of Schedule 3 to the Customs

Tariff.

gaseous fuel means compressed natural gas, liquefied natural gas

or liquefied petroleum gas.

Gazette notice means a notice signed by the Minister and published

in the Gazette.

goods means movable personal property of any kind and, without

limiting the generality of the expression, includes documents,

vessels and aircraft.

Goods under drawback includes all goods in respect of which any

claim for drawback has been made.

GST has the meaning given by section 195-1 of the GST Act.

GST Act means the A New Tax System (Goods and Services Tax)

Act 1999.

identity card means an identity card issued under section 4C for

the purposes of the provision in which the expression is used.

import declaration means an import declaration communicated to

the Department by document or electronically as mentioned in

section 71A.

import declaration advice means an import declaration advice

given under subsection 71C(1).

import declaration processing charge means import declaration

processing charge payable as set out in section 71B.

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import duty means duty imposed on goods imported into Australia.

import entry means an entry of goods for home consumption made

as mentioned in subsection 68(3A) or an entry of goods for

warehousing made as mentioned in subsection 68(3B).

import entry advice means an import declaration advice or a

warehouse declaration advice.

infringement notice has the meaning given by subsection 243X(1).

In need of protection has the meaning given by subsection (20).

Installation means:

(a) a resources installation; or

(b) a sea installation.

internal medical search means an internal search carried out under

section 219Z (internal medical search by medical practitioner).

internal non-medical scan means an internal search carried out

under section 219SA (internal non-medical scan using prescribed

equipment).

internal search of a person:

(a) means an examination (including an internal examination) of

the person’s body to determine whether the person is

internally concealing a substance or thing; and

(b) in the case of an internal medical search—includes the

recovery of any substance or thing suspected on reasonable

grounds to be so concealed.

Joint Petroleum Development Area has the same meaning as in

the Petroleum (Timor Sea Treaty) Act 2003.

Justice means any Justice of the Peace having jurisdiction in the

place.

Lawyer means a person who has been admitted in a State or

Territory to practise as a barrister, as a solicitor or as a barrister and

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solicitor and whose right so to practise is not suspended or has not

been cancelled.

Lighter includes a craft of every description used for the carriage

of goods in a port.

like customable goods means goods that are prescribed by the

regulations for the purposes of this definition.

low value cargo has the same meaning as in section 63A.

luxury car tax has the meaning given by section 27-1 of the

Luxury Car Tax Act.

Luxury Car Tax Act means the A New Tax System (Luxury Car

Tax) Act 1999.

maritime officer has the same meaning as in the Maritime Powers

Act 2013.

Master means:

(a) in relation to a ship (not being an installation)—the person in

charge or command of the ship; and

(b) in relation to an installation—the person in charge of the

installation;

but does not include a pilot or Government officer.

Medical practitioner means any person registered or licensed as a

medical practitioner under a law of a State or Territory that

provides for the registration or licensing of medical practitioners.

Member of the Australian Federal Police includes a special

member of the Australian Federal Police.

monitoring powers has the meaning given by section 214AB.

month means one of the 12 months of the calendar year.

Movement application means an application made under

section 71E for permission to move goods that are, or will be,

subject to customs control.

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Narcotic goods means goods that consist of a narcotic substance.

Narcotic-related goods means:

(a) narcotic goods;

(b) moneys within the meaning of section 229A to which that

section applies or is believed by the person in possession of

the moneys to apply;

(c) goods within the meaning of section 229A to which that

section applies or is believed by the person in possession of

the goods to apply; or

(d) ships, aircraft, vehicles or animals that are, or are believed by

the person in possession of them to be, forfeited goods by

reason of having been used in the unlawful importation,

exportation or conveyance of prohibited imports, or

prohibited exports, that are narcotic goods.

narcotic substance means a border controlled drug or a border

controlled plant.

Natural resources means the mineral and other non-living

resources of the seabed and its subsoil.

officer means an officer of Customs.

officer of Customs means:

(a) the Secretary of the Department; or

(b) the Australian Border Force Commissioner (including in his

or her capacity as the Comptroller-General of Customs); or

(c) an APS employee in the Department; or

(d) a person authorised under subsection (1B) to exercise all the

powers and perform all the functions of an officer of

Customs; or

(e) a person who from time to time holds, occupies, or performs

the duties of an office or position (whether or not in or for the

Commonwealth) specified under subsection (1C), even if the

office or position does not come into existence until after it is

so specified; or

(f) in relation to a provision of a Customs Act:

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(i) a person authorised under subsection (1D) to exercise

the powers or perform the functions of an officer of

Customs for the purposes of that provision; or

(ii) a person who from time to time holds, occupies, or

performs the duties of an office or position (whether or

not in or for the Commonwealth) specified under

subsection (1E) in relation to that provision, even if the

office or position does not come into existence until

after it is so specified.

operator of a ship or aircraft for a particular voyage or flight

means:

(a) the shipping line or airline responsible for the operation of

the ship or aircraft for the voyage or flight; or

(b) if there is no such shipping line or airline, or no such

shipping line or airline that is represented by a person in

Australia—the master of the ship or the pilot of the aircraft.

outturn report means a report under section 64ABAA.

Overseas resources installation means an off-shore installation

that:

(a) is in Australian waters; and

(b) has been brought into Australian waters from a place outside

the outer limits of Australian waters;

but does not include an Australian resources installation.

Overseas sea installation means a sea installation that:

(a) is in an adjacent area or a coastal area; and

(b) has been brought into the adjacent area or coastal area, as the

case may be, from a place outside the outer limits of

Australian waters;

but does not include an Australian sea installation.

Owner in respect of goods includes any person (other than an

officer of Customs) being or holding himself or herself out to be

the owner, importer, exporter, consignee, agent, or person

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possessed of, or beneficially interested in, or having any control of,

or power of disposition over the goods.

owner, in respect of a ship or aircraft, includes a charterer of the

ship or aircraft or a slot charterer or freight forwarder responsible

for the transportation of goods on the ship or aircraft.

Package includes every means by which goods for carriage may be

cased covered enclosed contained or packed.

Pallet means a pallet within the meaning of the European

Convention on Customs Treatment of Pallets used in International

Transport signed in Geneva on 9 December 1960, as affected by

any amendment of the Convention that has come into force.

parent: without limiting who is a parent of a person for the

purposes of this Act, someone is the parent of a person if the

person is his or her child because of the definition of child in this

subsection.

Pilot means the person in charge or command of any aircraft.

Place includes ship or aircraft.

place outside Australia includes:

(a) the waters in the Joint Petroleum Development Area; or

(b) a resources installation in the Joint Petroleum Development

Area;

but does not include:

(c) any other area of waters outside Australia; or

(d) any other installation outside Australia; or

(e) a ship outside Australia; or

(f) a reef or an uninhabited island outside Australia.

pleasure craft means a ship that from the time of its arrival at its

first port of arrival in Australia from a place outside Australia until

the time of its departure from its last port of departure in Australia

is:

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(a) used or intended to be used wholly for recreational activities,

sporting activities or both; and

(b) not used or intended to be used for any commercial activity;

and

(c) not offered or intended to be offered for sale or disposal.

Port means a port appointed under section 15.

port authority means a body administering the business carried on

at a port or ports in a State or Territory.

Produce documents means that the person on whom the obligation

to produce documents is cast shall to the best of his or her power

produce to the Collector all documents relating to the subject

matter mentioned.

Prohibited goods means:

(a) goods whose importation or exportation is prohibited by this

Act or any other law of the Commonwealth; or

(b) goods whose importation or exportation is subject to

restrictions or conditions under this Act or any other law of

the Commonwealth; or

(ba) restricted goods that have been brought into Australia other

than in accordance with a permission under

subsection 233BABAE(2); or

(c) goods subject to customs control.

Protected object means an object in respect of which a notice

under section 203T is in force.

Records offence means:

(a) an offence against subsection 240(1) or (4) of this Act;

(b) an offence against:

(i) section 6 of the Crimes Act 1914; or

(iii) section 237 of this Act;

being an offence that relates to an offence of the kind referred

to in paragraph (a) of this definition; or

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(ba) an ancillary offence (within the meaning of the Criminal

Code) that relates to an offence of the kind referred to in

paragraph (a) of this definition; or

(c) an offence against section 134.1, 134.2 or 135.1 of the

Criminal Code, being an offence that relates to a tax liability.

Resources installation means:

(a) a resources industry fixed structure within the meaning of

subsection (5); or

(b) a resources industry mobile unit within the meaning of

subsection (6).

resources installation in the Joint Petroleum Development Area

means a resources installation that is attached to the seabed in the

Joint Petroleum Development Area.

restricted goods has the meaning given by section 233BABAE.

rules, in relation to Part XA, has the meaning given by section 179.

Sea installation has the same meaning as in the Sea Installations

Act.

Sea Installations Act means the Sea Installations Act 1987.

section 234AA place means a place that is identified under

section 234AA as a place of a kind referred to in that section.

self-assessed clearance declaration means a declaration given to

the Department under section 71 in the circumstances mentioned in

section 71AAAF.

self-assessed clearance declaration advice means a self-assessed

clearance declaration advice given under section 71AAAG.

Ship means any vessel used in navigation, other than air

navigation, and includes:

(a) an off-shore industry mobile unit; and

(b) a barge, lighter or any other floating vessel.

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small business entity has the meaning given by section 328-110

(other than subsection 328-110(4)) of the Income Tax Assessment

Act 1997.

Smuggling means any importation, introduction or exportation or

attempted importation, introduction or exportation of goods with

intent to defraud the revenue.

special reporter has the same meaning as in section 63A.

suspicious substance means a narcotic substance that would, or

would be likely to, assist in the proof of the commission by any

person of an offence against Division 307 of the Criminal Code

that is punishable by imprisonment for a period of 7 years or more.

taxable dealing has the meaning given by the Wine Tax Act.

taxable importation has the meaning given by the GST Act.

taxable importation of a luxury car has the meaning given by the

Luxury Car Tax Act.

taxation officer means a person employed or engaged under the

Public Service Act 1999 who is:

(a) exercising powers; or

(b) performing functions;

under, pursuant to or in relation to a taxation law (as defined in

section 2 of the Taxation Administration Act 1953).

territorial sea, in relation to Australia, means the territorial sea

area whose outer limits are from time to time specified in a

Proclamation made by the Governor-General for the purposes of

section 7 of the Seas and Submerged Lands Act 1973.

The United Kingdom includes the Channel Islands and the Isle of

Man.

This Act includes all regulations made thereunder.

transport security identification card means:

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(a) an aviation security identification card issued under the

Aviation Transport Security Regulations 2005; and

(b) a maritime security identification card issued under the

Maritime Transport and Offshore Facilities Security

Regulations 2003.

trusted trader agreement means an agreement entered into under

section 176A between the Comptroller-General of Customs and an

entity, and includes such an agreement as varied and in force from

time to time.

UNCLOS means the United Nations Convention on the Law of the

Sea.

Note: The text of the Convention is set out in Australian Treaty Series 1994

No. 31.

unmanufactured raw products means natural or primary products

that have not been subjected to an industrial process, other than an

ordinary process of primary production, and, without limiting the

generality of the foregoing, includes:

(a) animals;

(b) bones, hides, skins and other parts of animals obtained by

killing, including such hides and skins that have been

sun-dried;

(c) greasy wool;

(d) plants and parts of plants, including raw cotton, bark, fruit,

nuts, grain, seeds in their natural state and unwrought logs;

(e) minerals in their natural state and ores; and

(f) crude petroleum.

Note: This term has a different meaning for the purposes of Division 1B of

Part VIII: see section 153UA.

unmarked plastic explosive has the same meaning as in

Subdivision B of Division 72 of the Criminal Code.

UN-sanctioned goods means goods that are prescribed as

UN-sanctioned goods under subsection 233BABAA(1).

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Visual examination application means an application made under

section 71D or 71DK for permission to examine goods.

Warehouse means a place that a person or partnership is licensed

under section 79 to use for warehousing goods.

warehouse declaration means a warehouse declaration

communicated to the Department by document or electronically

under section 71DH.

warehouse declaration advice means a warehouse declaration

advice given under section 71DJ.

warehouse declaration processing charge means a warehouse

declaration processing charge payable as set out in section 71DI.

Warehoused goods means:

(a) goods received into a warehouse in pursuance of an entry for

warehousing or permission granted under section 71E; or

(b) goods blended or packaged in a warehouse in compliance

with this Act.

warehoused goods declaration fee means a fee payable under

section 71BA for the processing of an import declaration in respect

of warehoused goods.

Wharf means a wharf appointed under section 15.

Wharf owner includes any owner or occupier of any wharf.

wine tax has the meaning given by section 33-1 of the Wine Tax

Act.

Wine Tax Act means the A New Tax System (Wine Equalisation

Tax) Act 1999.

(1AA) The Comptroller-General of Customs may, by writing, authorise an

officer of Customs to exercise the powers or perform the functions

of an authorised officer under a specified provision of this Act.

(1A) If:

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(a) the Comptroller-General of Customs gives an authorisation

under subsection (1AA); and

(b) the authorisation is for officers of Customs from time to time

holding, occupying or performing the duties of specified

offices or positions to exercise the powers or perform the

functions of an authorised officer under specified provisions

of this Act;

then the authorisation extends to such an office or position that

comes into existence after the authorisation is given.

(1B) For the purposes of paragraph (d) of the definition of officer of

Customs in subsection (1), the Comptroller-General of Customs

may, by writing, authorise a person to exercise all the powers and

perform all the functions of an officer of Customs.

(1C) For the purposes of paragraph (e) of the definition of officer of

Customs in subsection (1), the Comptroller-General of Customs

may, by writing, specify an office or position (whether or not in or

for the Commonwealth).

(1D) For the purposes of subparagraph (f)(i) of the definition of officer

of Customs in subsection (1), the Comptroller-General of Customs

may, by writing, authorise a person to exercise the powers or

perform the functions of an officer of Customs for the purposes of

a specified provision of a Customs Act.

(1E) For the purposes of subparagraph (f)(ii) of the definition of officer

of Customs in subsection (1), the Comptroller-General of Customs

may, by writing, specify an office or position (whether or not in or

for the Commonwealth) in relation to a specified provision of a

Customs Act.

(2) A reference in this Act to an officer of police or a police officer

shall be read as a reference to a member of the Australian Federal

Police or of the Police Force of a State or Territory.

(3) A reference in this Act or in any other Act to a Customs Tariff or

Customs Tariff alteration proposed in the Parliament shall be read

as a reference to a Customs Tariff or Customs Tariff alteration

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proposed by a motion moved in the House of Representatives, and

a Customs Tariff or Customs Tariff alteration proposed by a

motion so moved shall be deemed to have been proposed in the

Parliament at the time at which the motion was moved.

(3A) A reference in this Act or any other law of the Commonwealth to

the tariff classification under which goods are classified is a

reference to the heading in Schedule 3 to the Customs Tariff Act

1995 or such a heading’s subheading:

(a) in whose third column a rate of duty or the quota sign within

the meaning of that Act is set out; and

(b) under which the goods are classified for the purposes of that

Act.

(3B) For the purposes of this Act and any other law of the

Commonwealth:

(a) a heading in Schedule 3 to the Customs Tariff Act 1995 may

be referred to by the word “heading” followed by the digits

with which the heading begins;

(b) a subheading of a heading in that Schedule may be referred to

by the word “subheading” followed by the digits with which

the subheading begins;

(c) an item in Schedule 4 to that Act may be referred to by the

word “item” followed by the number, or the number and

letter, with which the item begins;

(3C) Unless the contrary intention appears, if the word “Free” is set out

in section 16 or 18 of the Customs Tariff Act 1995, in the third

column of Schedule 3 or 4 to that Act or in the third column of the

table in Schedule 5 or 6 to that Act, that word is taken to be a rate

of duty for the purposes of this Act or any other law of the

Commonwealth.

(3D) Unless the contrary intention appears, any words or words and

figures, set out in the third column of Schedule 3 or 4 to the

Customs Tariff Act 1995 or in the third column of the table in

Schedule 5 or 6 to that Act, that enable the duty to be worked out

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in respect of goods, are taken to be a rate of duty for the purposes

of this Act or any other law of the Commonwealth.

(4A) To avoid doubt, if narcotic goods are:

(a) imported into Australia in breach of a prohibition under

section 50; or

(b) exported from Australia in breach of a prohibition under

section 112;

the goods are imported or exported, as the case may be, in

contravention of this Act.

Note: Most offences dealing with the importation and exportation of

narcotic goods are located in Part 9.1 of the Criminal Code.

(5) A reference in this Act to a resources industry fixed structure shall

be read as a reference to a structure (including a pipeline) that:

(a) is not able to move or be moved as an entity from one place

to another; and

(b) is used or is to be used off-shore in, or in any operations or

activities associated with, or incidental to, exploring or

exploiting natural resources.

(6) A reference in this Act to a resources industry mobile unit shall be

read as a reference to:

(a) a vessel that is used or is to be used wholly or principally in:

(i) exploring or exploiting natural resources by drilling the

seabed or its subsoil with equipment on or forming part

of the vessel or by obtaining substantial quantities of

material from the seabed or its subsoil with equipment

of that kind; or

(ii) operations or activities associated with, or incidental to,

activities of the kind referred to in subparagraph (i); or

(b) a structure (not being a vessel) that:

(i) is able to float or be floated;

(ii) is able to move or be moved as an entity from one place

to another; and

(iii) is used or is to be used off-shore wholly or principally

in:

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(A) exploring or exploiting natural resources by

drilling the seabed or its subsoil with equipment

on or forming part of the structure or by

obtaining substantial quantities of material from

the seabed or its subsoil with equipment of that

kind; or

(B) operations or activities associated with, or

incidental to, activities of the kind referred to in

sub-subparagraph (A).

(7) A vessel of a kind referred to in paragraph (6)(a) or a structure of a

kind referred to in paragraph (6)(b) shall not be taken not to be a

resources industry mobile unit by reason only that the vessel or

structure is also used or to be used in, or in any operations or

activities associated with, or incidental to, exploring or exploiting

resources other than natural resources.

(8) The reference in subparagraph (6)(a)(ii) to a vessel that is used or

is to be used wholly or principally in operations or activities

associated with, or incidental to, activities of the kind referred to in

subparagraph (6)(a)(i) shall be read as not including a reference to

a vessel that is used or is to be used wholly or principally in:

(a) transporting persons or goods to or from a resources

installation; or

(b) manoeuvring a resources installation, or in operations

relating to the attachment of a resources installation to the

Australian seabed.

(9) A resources installation shall be taken to be attached to the

Australian seabed if:

(a) the installation:

(i) is in physical contact with, or is brought into physical

contact with, a part of the Australian seabed; and

(ii) is used or is to be used, at that part of the Australian

seabed, wholly or principally in or in any operations or

activities associated with, or incidental to, exploring or

exploiting natural resources; or

(b) the installation:

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(i) is in physical contact with, or is brought into physical

contact with, another resources installation that is taken

to be attached to the Australian seabed by virtue of the

operation of paragraph (a); and

(ii) is used or is to be used, at the place where it is brought

into physical contact with the other installation, wholly

or principally in or in any operations or activities

associated with, or incidental to, exploring or exploiting

natural resources.

(9A) If it is necessary to determine whether a resources installation is

attached to the seabed in the Joint Petroleum Development Area,

subsection (9) has effect as if a reference to the Australian seabed

were a reference to the seabed in the Joint Petroleum Development

Area.

(10) For the purposes of this Act, the space above or below a coastal

area shall be deemed to be in that area.

(11) Subject to subsection (13), for the purposes of this Act, a sea

installation shall be taken to be installed in an adjacent area if:

(a) the installation is in, or is brought into, physical contact with

a part of the seabed in the adjacent area; or

(b) the installation is in, or is brought into, physical contact with

another sea installation that is to be taken to be installed in

the adjacent area because of paragraph (a).

(12) For the purposes of this Act, a sea installation shall be taken to be

installed in an adjacent area at a particular time if the whole or part

of the installation:

(a) is in that adjacent area at that time; and

(b) has been in a particular locality:

(i) that is circular and has a radius of 20 nautical miles; and

(ii) the whole or part of which is in that adjacent area;

for:

(iii) a continuous period, of at least 30 days, that

immediately precedes that time; or

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(iv) one or more periods, during the 60 days that

immediately precede that time, that in sum amount to at

least 40 days.

(13) Where a sea installation, being a ship or an aircraft:

(a) is brought into physical contact with a part of the seabed in

an adjacent area; or

(b) is in, or is brought into, physical contact with another sea

installation that is to be taken to be installed in an adjacent

area;

for less than:

(c) in the case of a ship, or an aircraft, registered under the law

of a foreign country—30 days; or

(d) in any other case—5 days;

it shall not be taken to be installed in that adjacent area under

subsection (11).

(14) A sea installation shall not be taken to be installed in an adjacent

area for the purposes of this Act unless it is to be taken to be so

installed under this section.

(15) Subject to subsection (17), for the purposes of this Act, a sea

installation shall be taken to be installed in a coastal area if:

(a) the installation is in, or is brought into, physical contact with

a part of the seabed in the coastal area; or

(b) the installation is in, or is brought into, physical contact with

another sea installation that is to be taken to be installed in

the coastal area because of paragraph (a).

(16) For the purposes of this Act, a sea installation (other than an

installation installed in an adjacent area) shall be taken to be

installed in a coastal area at a particular time if the whole or part of

the installation:

(a) is in that coastal area at that time; and

(b) has been in a particular locality:

(i) that is circular and has a radius of 20 nautical miles; and

(ii) the whole or part of which is in that coastal area;

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for:

(iii) a continuous period, of at least 30 days, that

immediately precedes that time; or

(iv) one or more periods, during the 60 days that

immediately precede that time, that in sum amount to at

least 40 days.

(17) Where a sea installation, being a ship or an aircraft:

(a) is brought into physical contact with a part of the seabed in a

coastal area; or

(b) is in, or is brought into, physical contact with another sea

installation that is to be taken to be installed in a coastal area;

for less than:

(c) in the case of a ship, or an aircraft, registered under the law

of a foreign country—30 days; or

(d) in any other case—5 days;

it shall not be taken to be installed in that adjacent area under

subsection (15).

(18) A sea installation shall not be taken to be installed in a coastal area

for the purposes of this Act unless it is to be taken to be so installed

under this section.

(19) For the purposes of Part XII, a person will be taken to carry a

thing, including a thing constituting or containing special forfeited

goods or prohibited goods, on his or her body only if the thing

constitutes, or is in or under, clothing worn by the person.

(19A) In subsection (19), the reference to clothing worn by a person

includes a reference to any personal accessory or device that is

worn by, or attached to, the person.

(19B) Without limiting Part XII, a person is taken to be unlawfully

carrying prohibited goods on his or her body if the person is

carrying, on his or her body, restricted goods that have been

brought into Australia other than in accordance with a permission

under subsection 233BABAE(2).

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(20) For the purposes of Division 1B of Part XII, a person is in need of

protection if, and only if, the person is:

(a) under 18 years of age; or

(b) in a mental or physical condition (whether temporary or

permanent) that makes the person incapable of managing his

or her affairs.

4AAA Members of family

For the purposes of this Act, the members of a person’s family are

taken to include the following (without limitation):

(a) a de facto partner of the person (within the meaning of the

Acts Interpretation Act 1901);

(b) someone who is the child of the person, or of whom the

person is the child, because of the definition of child in

section 4;

(c) anyone else who would be a member of the person’s family

if someone mentioned in paragraph (a) or (b) is taken to be a

member of the person’s family.

4AA Act not to apply so as to exceed Commonwealth power

(1) Unless the contrary intention appears, if a provision of this Act:

(a) would, apart from this section, have an invalid application;

but

(b) also has at least one valid application;

it is the Parliament’s intention that the provision is not to have the

invalid application, but is to have every valid application.

(2) Despite subsection (1), the provision is not to have a particular

valid application if:

(a) apart from this section, it is clear, taking into account the

provision’s context and the purpose or object underlying the

Act, that the provision was intended to have that valid

application only if every invalid application, or a particular

invalid application, of the provision had also been within the

Commonwealth’s legislative power; or

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(b) the provision’s operation in relation to that valid application

would be different in a substantial respect from what would

have been its operation in relation to that valid application if

every invalid application of the provision had been within the

Commonwealth’s legislative power.

(3) Subsection (2) does not limit the cases where a contrary intention

may be taken to appear for the purposes of subsection (1).

(4) This section applies to a provision of this Act, whether enacted

before, at or after the commencement of this section.

(5) In this section:

application means an application in relation to:

(a) one or more particular persons, things, matters, places,

circumstances or cases; or

(b) one or more classes (however defined or determined) of

persons, things, matters, places, circumstances or cases.

invalid application, in relation to a provision, means an application

because of which the provision exceeds the Commonwealth’s

legislative power.

valid application, in relation to a provision, means an application

that, if it were the provision’s only application, would be within the

Commonwealth’s legislative power.

4AB Compensation for acquisition of property

(1) If:

(a) this Act would result in an acquisition of property; and

(b) any provision of this Act would not be valid, apart from this

section, because a particular person has not been

compensated;

the Commonwealth must pay that person:

(c) a reasonable amount of compensation agreed on between the

person and the Commonwealth; or

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(d) failing agreement—a reasonable amount of compensation

determined by a court of competent jurisdiction.

(2) Any damages or compensation recovered, or other remedy given,

in a proceeding begun otherwise than under this section must be

taken into account in assessing compensation payable in a

proceeding begun under this section and arising out of the same

event or transaction.

(3) In this section:

acquisition of property has the same meaning as in

paragraph 51(xxxi) of the Constitution.

(4) The Consolidated Revenue Fund is appropriated for the purposes

of making payments under this section.

4A Approved forms and approved statements

(1) In this Act, a reference to an approved form is a reference to a form

that is approved, by instrument in writing, by the

Comptroller-General of Customs.

(1A) In this Act, a reference to an approved statement is a reference to a

statement that is approved, by instrument in writing, by the

Comptroller-General of Customs.

4B What is a Customs-related law

In this Act:

Customs-related law means:

(a) this Act; or

(b) the Excise Act 1901 and regulations made under that Act; or

(baa) section 72.13 of the Criminal Code; or

(ba) Division 307 of the Criminal Code; or

(c) any other Act, or any regulations made under any other Act,

in so far as the Act or regulations relate to the importation or

exportation of goods, where the importation or exportation is

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subject to compliance with any condition or restriction or is

subject to any tax, duty, levy or charge (however described).

4C Identity cards

(1) The Comptroller-General of Customs must cause an identity card

to be issued to an officer who is an authorised officer for the

purposes of Division 3A of Part VI or is a monitoring officer for

the purposes of Subdivision J of Division 1 of Part XII or is a

verification officer for the purposes of Subdivision JA of

Division 1 of Part XII.

(2) An identity card:

(a) must be in a form approved by the Comptroller-General of

Customs; and

(b) must contain a recent photograph of the authorised officer,

monitoring officer or verification officer.

(3) If a person to whom an identity card has been issued ceases to be

an authorised officer, monitoring officer or verification officer for

the purposes of the provisions of this Act in respect of which the

card was issued, the person must return the card to the

Comptroller-General of Customs as soon as practicable.

Penalty: One penalty unit.

(4) An offence for a contravention of subsection (3) is an offence of

strict liability.

(5) An authorised officer, monitoring officer or verification officer

must carry his or her identity card at all times when exercising

powers in respect of which the card was issued.

5 Penalties at foot of sections or subsections

The penalty, pecuniary or other, set out:

(a) at the foot of a section of this Act; or

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(b) at the foot of a subsection of a section of this Act, but not at

the foot of the section;

indicates that a contravention of the section or of the subsection, as

the case may be, whether by act or omission, is an offence against

this Act, punishable upon conviction by a penalty not exceeding

the penalty so set out.

5AA Application of the Criminal Code

(1) Subject to subsection (2), Chapter 2 of the Criminal Code applies

to an offence against this Act.

(2) For the purposes of a Customs prosecution:

(a) Parts 2.1, 2.2 and 2.3 of the Criminal Code apply; and

(b) Parts 2.4, 2.5 and 2.6 of the Criminal Code do not apply; and

(c) a reference to criminal responsibility in Chapter 2 of the

Criminal Code is taken to be a reference to responsibility.

(3) This section is not to be interpreted as affecting in any way the

nature of any offence under this Act, the nature of any prosecution

or proceeding in relation to any such offence, or the way in which

any such offence is prosecuted, heard or otherwise dealt with.

(4) Without limiting the scope of subsection (3), this section is not to

be interpreted as affecting in any way the standard or burden of

proof for any offence under this Act that is the subject of a

Customs prosecution.

(5) In this section:

Customs prosecution has the meaning given in section 244.

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Part II—Administration

5A Attachment of overseas resources installations

(1) A person shall not cause an overseas resources installation to be

attached to the Australian seabed.

Penalty: 500 penalty units.

(1A) Subsection (1) does not apply if the person has the permission of

the Comptroller-General of Customs given under subsection (2).

(2) The Comptroller-General of Customs may, by notice in writing

given to a person who has applied for permission to cause an

overseas resources installation to be attached to the Australian

seabed, give the person permission, subject to such conditions (if

any) as are specified in the notice, to cause that installation to be so

attached.

(3) A person who has been given permission under subsection (2) shall

not refuse or fail to comply with any condition (including a

condition imposed or varied under subsection (4)), to which that

permission is subject.

Penalty: 100 penalty units.

(4) Where the Comptroller-General of Customs has, under

subsection (2), given a person permission to cause an overseas

resources installation to be attached to the Australian seabed, the

Comptroller-General of Customs may, at any time before that

installation is so attached, by notice in writing served on the

person:

(a) revoke the permission;

(b) revoke or vary a condition to which the permission is subject;

or

(c) impose new conditions to which the permission is to be

subject.

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(5) Without limiting the generality of subsection (2), conditions to

which a permission given under that subsection may be subject

include:

(a) conditions relating to biosecurity risks (within the meaning of

the Biosecurity Act 2015); and

(b) conditions requiring the master of an installation to bring the

installation to a place specified by the Comptroller-General

of Customs for examination for purposes relating to

biosecurity risks (within the meaning of the Biosecurity Act

2015) before the installation is attached to the Australian

seabed.

5B Installation of overseas sea installations

(1) A person shall not cause an overseas sea installation to be installed

in an adjacent area or a coastal area.

Penalty: 500 penalty units.

(1A) Subsection (1) does not apply if the person has the permission of

the Comptroller-General of Customs given under subsection (2).

(2) The Comptroller-General of Customs may, by notice in writing

given to a person who has applied for permission to cause an

overseas sea installation to be installed in an adjacent area or a

coastal area, give the person permission, subject to such conditions

(if any) as are specified in the notice, to cause that installation to be

so installed.

(3) A person who has been given permission under subsection (2) shall

not refuse or fail to comply with any condition (including a

condition imposed or varied under subsection (4)) to which that

permission is subject.

Penalty: 100 penalty units.

(4) Where the Comptroller-General of Customs has, under

subsection (2), given a person permission to cause an overseas sea

installation to be installed in an adjacent area or a coastal area, the

Comptroller-General of Customs may, at any time before that

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installation is so installed, by notice in writing served on the

person:

(a) revoke the permission;

(b) revoke or vary a condition to which the permission is subject;

or

(c) impose new conditions to which the permission is to be

subject.

(5) Without limiting the generality of subsection (2), conditions to

which a permission given under that subsection in relation to a sea

installation may be subject include:

(a) conditions relating to biosecurity risks (within the meaning of

the Biosecurity Act 2015); and

(b) conditions requiring the owner of the installation, to bring the

installation to a place specified by the Comptroller-General

of Customs for examination for purposes relating to

biosecurity risks (within the meaning of the Biosecurity Act

2015) before the installation is installed in an adjacent area or

a coastal area.

5C Certain installations to be part of Australia

(1) For the purposes of the Customs Acts:

(a) a resources installation that becomes attached to, or that is, at

the commencement of this subsection, attached to, the

Australian seabed; or

(b) a sea installation that becomes installed in, or that is, at the

commencement of this subsection, installed in, an adjacent

area or a coastal area;

shall, subject to subsections (2) and (3), be deemed to be part of

Australia.

(2) A resources installation that is deemed to be part of Australia

because of the operation of this section shall, for the purposes of

the Customs Acts, cease to be part of Australia if:

(a) the installation is detached from the Australian seabed, or

from another resources installation attached to the Australian

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seabed, for the purpose of being taken to a place outside the

outer limits of Australian waters (whether or not the

installation is to be taken to a place in Australia before being

taken outside those outer limits); or

(b) after having been detached from the Australian seabed

otherwise than for the purpose referred to in paragraph (a),

the installation is moved for the purpose of being taken to a

place outside the outer limits of Australian waters (whether

or not the installation is to be taken to a place in Australia

before being taken outside those outer limits).

(3) A sea installation that is deemed to be part of Australia because of

the operation of this section shall, for the purposes of the Customs

Acts, cease to be part of Australia if:

(a) the installation is detached from its location for the purpose

of being taken to a place that is not in an adjacent area or in a

coastal area; or

(b) after having been detached from its location otherwise than

for the purpose referred to in paragraph (a), the installation is

moved for the purpose of being taken to a place that is not in

an adjacent area or in a coastal area.

6 Act does not extend to external Territories

(1) Subject to subsection (2), this Act does not extend to the external

Territories.

(2) Regulations may be made to extend the whole or a part of this Act

(with or without modifications) to the Territory of Ashmore and

Cartier Islands.

7 General administration of Act

The Comptroller-General of Customs has the general

administration of this Act.

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8 Collectors, States and Northern Territory

(1) In this Act, a reference to the Collector, or to a Collector, is a

reference to:

(a) the Comptroller-General of Customs; or

(b) any officer doing duty in the matter in relation to which the

expression is used.

(2) For the purposes of this Act, a State shall be taken to include:

(a) in the case of a State other than the State of Queensland—

that part of Australian waters that is within the area described

in Schedule 1 to the Offshore Petroleum and Greenhouse

Gas Storage Act 2006 that refers to that State; and

(b) in the case of the State of Queensland—that part of

Australian waters that is within:

(i) the area described in that Schedule to that Act that refers

to the State of Queensland; or

(ii) the Coral Sea area.

(3) For the purposes of this Act, the Northern Territory shall be taken

to include that part of Australian waters that is within:

(a) the area described in Schedule 1 to the Offshore Petroleum

and Greenhouse Gas Storage Act 2006 that refers to the

Northern Territory; or

(b) the area described in that Schedule to that Act that refers to

the Territory of Ashmore and Cartier Islands.

8A Attachment of part of a State or Territory to adjoining State or

Territory for administrative purposes

The Governor-General may, by Proclamation, declare that, for the

purposes of the administration of this Act, a part of a State or

Territory specified in the Proclamation is attached to an adjoining

State or Territory so specified, and a part of a State or Territory so

specified shall, for the purposes of this Act, be deemed to be part

of the adjoining State or Territory.

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9 Delegation

(1) The Minister may, by signed instrument, delegate to an officer of

Customs all or any of the functions and powers of the Minister

under the Customs Acts.

(2) A function or power so delegated, when performed or exercised by

the delegate, shall, for the purposes of the Customs Acts, be

deemed to have been performed or exercised by the Minister.

(3) Paragraph 34AB(1)(c) of the Acts Interpretation Act 1901 does not

apply to a delegation under subsection (1).

(4) Subsection (1) does not apply to the Minister’s power under

subsection 77EA(1), 77ED(1), 77EE(1) or 77EF(2).

11 Arrangements with States and the Northern Territory

(1) The Governor-General may make arrangements with the Governor

of a State:

(aa) for the performance by all or any of the persons who from

time to time hold office as Judges of the Supreme Court of

that State of the functions of a Judge under Subdivision C of

Division 1B of Part XII; and

(ab) for the performance by all or any of the persons who from

time to time hold office as Judges of the Supreme Court of

that State of the functions of a judicial officer under

Subdivision DA of Division 1 of Part XII, and under other

provisions in so far as they relate to that Subdivision; and

(b) for the performance by all or any of the persons who from

time to time hold office as Magistrates in that State of the

functions of a Magistrate under Subdivision C of Division 1B

of Part XII; and

(c) for the performance by all or any of the persons who are

medical practitioners employed by that State of the functions

of a medical practitioner under Division 1B of Part XII.

(2) The Governor-General may make arrangements with the

Administrator of the Northern Territory:

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(aa) for the performance by all or any of the persons who from

time to time hold office as Judges of the Supreme Court of

that Territory (and are not also Judges of the Federal Court of

Australia or of the Supreme Court of the Australian Capital

Territory) of the functions of a Judge under Subdivision C of

Division 1B of Part XII; and

(ab) for the performance by all or any of the persons who from

time to time hold office as Judges of the Supreme Court of

that Territory (and are not also Judges of the Federal Court of

Australia or of the Supreme Court of the Australian Capital

Territory) of the functions of a judicial officer under

Subdivision DA of Division 1 of Part XII, and under other

provisions in so far as they relate to that Subdivision; and

(b) for the performance by all or any of the persons who from

time to time hold office as Judges of the Local Court of that

Territory of the functions of a Magistrate under Subdivision

C of Division 1B of Part XII; and

(c) for the performance by all or any of the persons who are

medical practitioners employed by that Territory of the

functions of a medical practitioner under Division 1B of

Part XII.

13 Customs seal

(1) There is to be a seal, called the customs seal, the design of which

must be determined by the Comptroller-General of Customs.

(2) The design so determined shall include:

(a) the Coat of Arms of the Commonwealth, that is to say, the

armorial ensigns and supporters granted to the

Commonwealth by Royal Warrant dated 19 September 1912;

and

(b) the words “Australia—Comptroller-General of Customs”.

(3) The customs seal must be kept at such place, and in the custody of

such person, as the Comptroller-General of Customs directs.

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(4) The customs seal must be used as directed by the

Comptroller-General of Customs.

(7) All courts (whether exercising federal jurisdiction or not) and all

persons acting judicially shall take judicial notice of the impression

of the customs seal on a document or a copy of a document and, in

the absence of proof to the contrary, shall presume that impression

was made by proper authority.

14 Flag

The ships and aircraft employed in the service of the Australian

Border Force (within the meaning of the Australian Border Force

Act 2015) shall be distinguished from other ships and aircraft by

such flag or in such other manner as shall be prescribed.

15 Appointment of ports etc.

(1) The Comptroller-General of Customs may, by notice published in

the Gazette:

(a) appoint ports and fix the limits of those ports; and

(b) appoint airports and fix the limits of those airports.

(1A) In deciding whether to appoint a port under subsection (1), the

Comptroller-General of Customs may take into account:

(a) whether the port or any part of the port is a security regulated

port (within the meaning of the Maritime Transport and

Offshore Facilities Security Act 2003); and

(b) if so—whether the person designated under section 14 of the

Maritime Transport and Offshore Facilities Security Act

2003 as the port operator has a maritime security plan (within

the meaning of that Act).

(2) The Comptroller-General of Customs may, by notice published in

the Gazette:

(a) appoint wharves and fix the limits of those wharves; and

(b) appoint boarding stations for the boarding of ships and

aircraft by officers.

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(3) A notice under subsection (1) or (2) may provide that a port,

airport, wharf or boarding station appointed by the notice is to be a

port, airport, wharf or boarding station for limited purposes

specified in the notice.

19 Accommodation on wharfs and at airports

Every wharf-owner and airport owner shall provide to the

satisfaction of the Collector suitable office accommodation on his

or her wharf or at his or her airport for the exclusive use of the

officer employed at the wharf or airport also such shed

accommodation for the protection of goods as the

Comptroller-General of Customs may in writing declare to be

requisite.

Penalty: 1 penalty unit.

20 Waterfront area control

(1) A person who is in a waterfront area must, at the request of an

officer of Customs, produce appropriate identification for the

officer’s inspection.

(2) If a person refuses or fails to produce appropriate identification to

an officer of Customs on request, the officer may, if he or she has

reason to believe that the person is a member of the crew of an

international ship, request the person to return to the ship forthwith

to obtain that identification.

(3) If a member of the crew of an international ship refuses or fails to

produce appropriate identification to an officer of Customs, the

master of the ship is taken, because of that refusal or failure, to

have committed an offence against this Act.

Penalty: 10 penalty units.

(4) In any proceedings for an offence against subsection (3), it is a

defence if the master of the ship establishes that he or she has taken

all reasonable steps to ensure that crew members:

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(a) have appropriate identification; and

(b) understand their obligation to carry their identification in a

waterfront area and to produce it to officers of Customs when

requested to do so.

(5) If:

(a) a person refuses or fails to produce appropriate identification

to an officer of Customs on request; and

(b) the officer has no reason to believe that the person is a

member of an international ship’s crew;

the officer may:

(c) if the person can otherwise establish his or her identity to the

satisfaction of the officer and explain his or her presence in

the waterfront area—issue the person with a temporary

identification; or

(d) if the person is unable to establish his or her identity or to

explain his or her presence in the waterfront area—request

the person to leave the waterfront area forthwith.

(6) For the purposes of this section, a temporary identification issued

under subsection (5) has effect, until that document expires, as if it

were an appropriate identification.

(7) A person must not refuse or fail to comply with a request under

subsection (2) or paragraph (5)(d).

Penalty: 5 penalty units.

(7A) Subsection (7) does not apply if the person has a reasonable

excuse.

(8) In this section:

appropriate identification means:

(a) if a person is a member of the crew of an international ship:

(i) current passport; or

(ii) a document issued by the shipping company having

control of the ship concerned setting out the full name

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and nationality of the person and the passport number or

other official identification number of the person; or

(iii) a document issued by, or by an instrumentality of, the

Commonwealth, a State or a Territory providing

photographic identification of the person and setting out

the person’s full name, address, and date of birth; and

(b) if the person is not a member of the crew of such a ship—

either:

(i) a document issued by the employer of the person

providing photographic identification of the employee;

or

(ii) a document issued by, or by an instrumentality of, the

Commonwealth, a State or a Territory providing

photographic identification of the person and setting out

the person’s full name, address, and date of birth.

international ship means a ship that is currently engaged in

making international voyages.

waterfront area means an area:

(a) that is:

(i) a port or wharf that is appointed, and the limits of which

are fixed, under section 15; or

(ii) a boarding station that is appointed under section 15;

and

(b) that is signposted so as to give persons present in the area a

clear indication:

(i) that it is an area under customs control; and

(ii) that they must not enter, or remain in, the area unless

they carry appropriate identification; and

(iii) that they may be required to produce appropriate

identification and, if they fail to do so, that they may be

requested to leave the area.

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25 Persons before whom declarations may be made

Declarations under this Act may be made before the Minister, an

officer of Customs or a Justice.

26 Declaration by youths

No person shall knowingly receive a declaration under this Act by

any person under the age of eighteen years.

28 Working days and hours etc.

(1) The regulations may prescribe the days (which may include

Sundays or holidays) on which, and the hours on those days (which

may be different hours on different days) between which, officers

are to be available to perform a specified function in every State or

Territory, in a specified State or Territory or otherwise than in a

specified State or Territory.

(2) If, at the request of a person, a Collector arranges for an officer to

be available to perform a function at a place outside the hours

prescribed for that function, the person must pay to the

Commonwealth an overtime fee.

(3) The overtime fee in relation to the officer is:

(a) $40 per hour or part hour during which the officer performs

that function and engages in any related travel, or such other

rate as is prescribed; and

(b) any prescribed travel expense (at the rate prescribed)

associated with the officer performing that function at that

place.

(4) If, at the request of a person, a Collector arranges for an officer to

be available to perform a function:

(a) at a place that is not a place at which such a function is

normally performed; and

(b) during the hours prescribed for that function;

the person must pay to the Commonwealth a location fee.

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(5) The location fee in relation to the officer is:

(a) $37 per hour or part hour during which the officer performs

that function and engages in any related travel, or such other

rate as is prescribed; and

(b) any prescribed travel expense (at the rate prescribed)

associated with the officer performing that function at that

place.

(6) In this section:

related travel means travel to or from the place at which the

function referred to in paragraph (3)(a) or (5)(a) is performed if

that travel directly relates to the officer performing that function.

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Part III—Customs control examination and

securities generally

30 Customs control of goods

(1) Goods shall be subject to customs control as follows:

(a) as to goods to which section 68 applies that are unshipped or

that are a ship or aircraft not carried on board a ship or

aircraft—from the time of their importation:

(ii) if the goods are not examinable food that has been

entered for home consumption or warehousing and are

not excise-equivalent goods—until either they are

delivered into home consumption in accordance with an

authority to deal or in accordance with a permission

under section 69, 70 or 162A or they are exported to a

place outside Australia, whichever happens first; and

(iii) if the goods are examinable food that has been entered

for home consumption—until a food control certificate

is delivered to the person who has possession of the

food; and

(iv) if the goods are examinable food that has been entered

for warehousing and are not excise-equivalent goods—

until there is delivered to the person who has possession

of the food an imported food inspection advice requiring

its treatment, destruction or exportation or, if no such

advice is delivered, until the goods are entered for home

consumption or the food is exported to a place outside

Australia, whichever happens first; and

(v) if the goods (the dual goods) are examinable food that

has been entered for warehousing and are

excise-equivalent goods—until whichever of the events

mentioned in subsection (1A) happens first; and

(vi) if the goods are excise-equivalent goods and are not

examinable food—until whichever of the events

mentioned in subsection (1B) happens first;

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(aa) as to goods to which section 68 applies that are not goods to

which paragraph (a) of this subsection applies—from the

time of their importation until they are exported to a place

outside Australia;

(ab) as to goods referred to in paragraph 68(1)(e), (f) or (i)—from

the time of their importation:

(i) if they are unshipped—until they are delivered into

home consumption in accordance with an authority

under section 71; or

(ii) if they are not unshipped—until they are exported to a

place outside Australia;

(ac) as to goods referred to in paragraph 68(1)(g) or (h)—from the

time of their importation:

(i) if they are unshipped—until they are delivered into

home consumption; or

(ii) if they are not unshipped—until they are exported to a

place outside Australia;

(ad) as to goods referred to in paragraph 68(1)(d)—from the time

of their importation until they are delivered into home

consumption in accordance with an authority under

section 71 or they are exported to a place outside Australia,

whichever happens first;

(ae) as to goods referred to in paragraph 68(1)(j)—from the time

of their importation until they are exported to a place outside

Australia;

(b) as to all goods in respect of which a claim for drawback has

been made before exportation of the goods to a place outside

Australia—from the time the claim is made until the goods

are exported, the claim is withdrawn or the claim is

disallowed, whichever happens first;

(c) as to all goods subject to any export duty—from the time

when the same are brought to any port or place for

exportation until the payment of the duty;

(d) as to all goods for export (including goods delivered for

export under section 61AA of the Excise Act 1901)—from

the time the goods are made or prepared in, or are brought

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into, any prescribed place for export, until their exportation

to a place outside Australia, or, in the case of goods delivered

for export under section 61AA of the Excise Act 1901, their

exportation to such a place or their return, in accordance with

subsection 114D(2) of this Act, to the Commissioner of

Taxation’s control under section 61 of the Excise Act 1901;

(e) as to goods made or prepared in, or brought into, a prescribed

place for export that are no longer for export—from the time

the goods are made or prepared in, or brought into, the

prescribed place until the goods are moved from the place in

accordance with a permission given under section 119AC.

(1A) The events for the purposes of subparagraph (1)(a)(v) are as

follows:

(a) the dual goods are destroyed in accordance with an imported

food inspection advice delivered to the person who has

possession of the goods;

(b) excisable goods are manufactured and the dual goods are

used in that manufacture;

(c) the dual goods are delivered into home consumption in

accordance with an authority to deal or in accordance with a

permission under section 69, 70 or 162A;

(d) the dual goods are exported to a place outside Australia.

(1B) The events for the purposes of subparagraph (1)(a)(vi) are as

follows:

(a) excisable goods are manufactured and the excise-equivalent

goods are used in that manufacture;

(b) the excise-equivalent goods are delivered into home

consumption in accordance with an authority to deal or in

accordance with a permission under section 69, 70 or 162A;

(c) the excise-equivalent goods are exported to a place outside

Australia.

(2) In this section:

examinable food has the same meaning as in the Imported Food

Control Act 1992.

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imported food inspection advice has the same meaning as in the

Imported Food Control Act 1992.

30A Exemptions under Torres Strait Treaty

(1) In this section:

area in the vicinity of the Protected Zone means an area in respect

of which a notice is in force under subsection (2).

Australian place means a place in Australia that is in the Protected

Zone or in an area in the vicinity of the Protected Zone.

Papua New Guinea place means a place in Papua New Guinea

that is in the Protected Zone or in an area in the vicinity of the

Protected Zone.

Protected Zone means the zone established under Article 10 of the

Torres Strait Treaty, being the area bounded by the line described

in Annex 9 to that treaty.

Protected Zone ship means a ship that is owned or operated by a

traditional inhabitant.

Torres Strait Treaty means the treaty between Australia and the

Independent State of Papua New Guinea that was signed at Sydney

on 18 December 1978.

traditional activities has the same meaning as in the Torres Strait

Treaty.

traditional inhabitants has the same meaning as in the Torres

Strait Fisheries Act 1984.

(2) The Comptroller-General of Customs may, by notice published in

the Gazette, declare an area adjacent to the Protected Zone to be an

area in the vicinity of the Protected Zone for the purposes of this

section.

(3) The Comptroller-General of Customs may, by notice published in

the Gazette, exempt, subject to such conditions (if any) as are

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specified in the notice, from so many of the provisions of the

Customs Acts as are specified in the notice:

(a) any Protected Zone ship that arrives at an Australian place on

a voyage from a Papua New Guinea place or that leaves an

Australian place on a voyage to a Papua New Guinea place,

being a ship:

(i) on board which there is at least one traditional

inhabitant who is undertaking that voyage in connection

with the performance of traditional activities in the

Protected Zone or in an area in the vicinity of the

Protected Zone; and

(ii) no person on board which is a person other than:

(A) a person referred to in subparagraph (i); or

(B) an employee of the Commonwealth, of

Queensland or of Papua New Guinea or of an

authority of the Commonwealth, of Queensland

or of Papua New Guinea who is undertaking

that voyage in connection with the performance

of his or her duties;

(b) the entry into Australia, or the departure from Australia, of

persons on board a ship of the kind referred to in

paragraph (a); or

(c) the importation into Australia, or the exportation from

Australia, of goods on board a ship of the kind referred to in

paragraph (a), being goods that:

(i) are owned by, or are under the control of, a traditional

inhabitant who is on board that ship and have been used,

are being used or are intended to be used by him or her

in connection with the performance of traditional

activities in the Protected Zone or in an area in the

vicinity of the Protected Zone; or

(ii) are the personal belongings of a person referred to in

subparagraph (a)(ii); or

(iii) are stores for the use of the passengers or crew of that

ship or for the service of that ship.

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(4) Where:

(a) the master of a ship (not being a ship to which an exemption

under subsection (3) applies) or the pilot of an aircraft

proposes to take that ship or aircraft, as the case may be, on a

voyage or flight, as the case may be, from an Australian place

to a Papua New Guinea place or from a Papua New Guinea

place to an Australian place; and

(b) that voyage or flight, as the case may be:

(i) will be undertaken by at least one person who is a

traditional inhabitant for purposes connected with the

performance of traditional activities in the Protected

Zone or in an area in the vicinity of the Protected Zone;

and

(ii) will not be undertaken by a person other than:

(A) a person referred to in subparagraph (i);

(B) an employee of the Commonwealth, of

Queensland or of Papua New Guinea or of an

authority of the Commonwealth, of Queensland

or of Papua New Guinea who will be

undertaking that voyage or flight in connection

with the performance of his or her duties; or

(C) the master of the ship or a member of the crew

of the ship or the pilot of the aircraft or a

member of the crew of the aircraft, as the case

may be;

the master of the ship or the pilot of the aircraft, as the case may

be, may, by notice in writing given to the Comptroller-General of

Customs setting out such information as is prescribed, request the

Comptroller-General of Customs to grant an exemption under

subsection (5) in relation to the voyage or flight, as the case may

be.

(5) The Comptroller-General of Customs may, in his or her discretion,

after receiving an application under subsection (4) in relation to a

proposed voyage by a ship or a proposed flight by an aircraft, by

notice in writing given to the person who made the application,

exempt, subject to such conditions (if any) as are specified in the

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notice, from so many of the provisions of the Customs Acts as are

specified in the notice:

(a) the entry into Australia, or the departure from Australia, of

that ship or aircraft, as the case may be, in the course of that

voyage or flight, as the case may be; and

(b) the entry into Australia, or the departure from Australia, of

any person on board that ship or aircraft, as the case may be,

in the course of that voyage or flight, as the case may be; and

(c) the importation into Australia, or the exportation from

Australia, of goods, or goods included in a class of goods

specified in the notice, on board that ship during that voyage

or on board that aircraft during that flight, as the case may be,

being goods that:

(i) are owned by, or are under the control of, a traditional

inhabitant who is on board that ship or aircraft, as the

case may be, and have been used, are being used or are

intended to be used by him or her in connection with the

performance of traditional activities in the Protected

Zone or in an area in the vicinity of the Protected Zone;

or

(ii) are the personal belongings of a person who is on board

that ship or aircraft, as the case may be, in the course of

that voyage or flight, as the case may be; or

(iii) are stores for the use of the passengers or crew of that

ship or aircraft, as the case may be, or for the service of

that ship or aircraft, as the case may be.

(6) Where:

(a) under subsection (3) or (5), the arrival at a place in Australia

of a ship, an aircraft or a person, or the importation into

Australia of goods, is exempt from any provisions of the

Customs Acts; and

(b) that ship, aircraft or person arrives at, or those goods are

taken to, a place in Australia that is not in the Protected Zone

or in an area in the vicinity of the Protected Zone;

the Customs Acts (including the provisions referred to in

paragraph (a)) apply in relation to the arrival of that ship, aircraft

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or person at, or the taking of those goods to, the place referred to in

paragraph (b) as if that ship, aircraft or person had arrived at the

place, or those goods had been taken to that place, as the case may

be, from a place outside Australia.

31 Goods on ships and aircraft subject to customs control

All goods on board any ship or aircraft from a place outside

Australia are subject to customs control while the ship or aircraft:

(a) is within the limits of any port or airport in Australia; or

(b) is at a place to which the ship or aircraft has been brought

because of stress of weather or other reasonable cause as

mentioned in subsection 58(1); or

(c) is at a place that is the subject of a permission under

subsection 58(2).

33 Persons not to move goods subject to customs control

(1) If:

(a) a person intentionally moves, alters or interferes with goods

that are subject to customs control; and

(b) the movement, alteration or interference is not authorised by

or under this Act;

the person commits an offence punishable, on conviction, by a

penalty not exceeding 500 penalty units.

(2) If:

(a) a person moves, alters or interferes with goods that are

subject to customs control; and

(b) the movement, alteration or interference is not authorised by

or under this Act;

the person commits an offence punishable, on conviction, by a

penalty not exceeding 60 penalty units.

(3) If:

(a) an employee of a person moves, alters or interferes with

goods that are subject to customs control; and

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(b) in moving, altering or interfering with the goods the

employee is acting on behalf of the person; and

(c) the movement, alteration or interference is not authorised by

or under this Act;

the person commits an offence punishable, on conviction, by a

penalty not exceeding 60 penalty units.

(4) It is a defence to a prosecution of a person for a contravention of

subsection (3) if the person took reasonable precautions, and

exercised due diligence, to prevent the employee who is alleged to

have moved, altered or interfered with the goods from moving,

altering or interfering with them.

(5) If:

(a) a person intentionally directs or permits another person to

move, alter or interfere with goods that are subject to

customs control; and

(b) the movement, alteration or interference is not authorised by

or under this Act;

the person commits an offence punishable, on conviction, by a

penalty not exceeding 500 penalty units.

(6) If:

(a) a person directs or permits another person to move, alter or

interfere with goods that are subject to customs control; and

(b) the movement, alteration or interference is not authorised by

or under this Act;

the person commits an offence punishable, on conviction, by a

penalty not exceeding 60 penalty units.

(7) An offence against subsection (2), (3) or (6) is an offence of strict

liability.

(8) In this section:

employee, of a body corporate, includes a person who is a director,

a member, or a member of the board of management, of the body

corporate.

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goods does not include installations.

Note 1: For permission to move goods specified in a cargo report from one

place under customs control to another place under customs control,

see section 71E.

Note 2: For permission to move, alter or interfere with goods for export, see

section 119AA.

Note 3: For permission to move, alter or interfere with goods that are no

longer for export, see sections 119AB and 119AC.

33A Resources installations subject to customs control

(1) A person shall not use an Australian resources installation that is

subject to customs control in, or in any operations or activities

associated with, or incidental to, exploring or exploiting the

Australian seabed.

Penalty: 500 penalty units.

(1A) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(1B) Subsection (1) does not apply if the person has permission in force

under subsection (2).

(2) The Comptroller-General of Customs may give permission in

writing to a person specified in the permission, subject to such

conditions (if any) as are specified in the permission, to engage in

specified activities in relation to the use of an Australian resources

installation that is subject to customs control.

(3) A person who has been given permission under subsection (2) shall

not refuse or fail to comply with any condition (including a

condition imposed or varied under subsection (4)) to which that

permission is subject.

Penalty: 100 penalty units.

(4) Where the Comptroller-General of Customs has, under

subsection (2), given a person permission to engage in any

activities in relation to an Australian resources installation, the

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Comptroller-General of Customs may, while that installation

remains subject to customs control, by notice in writing served on

the person:

(a) suspend or revoke the permission;

(b) revoke or vary a condition to which the permission is subject;

or

(c) impose new conditions to which the permission is to be

subject.

33B Sea installations subject to customs control

(1) A person shall not use an Australian sea installation that is subject

to customs control.

Penalty: 500 penalty units.

(1A) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(1B) Subsection (1) does not apply if the person has permission in force

under subsection (2).

(2) The Comptroller-General of Customs may give permission in

writing to a person specified in the permission, subject to such

conditions (if any) as are specified in the permission, to engage in

specified activities in relation to the use of an Australian sea

installation that is subject to customs control.

(3) A person who has been given permission under subsection (2) shall

not refuse or fail to comply with any condition (including a

condition imposed or varied under subsection (4)) to which that

permission is subject.

Penalty: 100 penalty units.

(4) Where the Comptroller-General of Customs has, under

subsection (2), given a person permission to engage in any

activities in relation to an Australian sea installation, the

Comptroller-General of Customs may, while that installation

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remains subject to customs control, by notice in writing served on

the person:

(a) suspend or revoke the permission;

(b) revoke or vary a condition to which the permission is subject;

or

(c) impose new conditions to which the permission is to be

subject.

33C Obstructing or interfering with Commonwealth property in a

Customs place

(1) A person commits an offence if:

(a) the person intentionally obstructs or interferes with the

operation of a thing; and

(b) the thing belongs to the Commonwealth; and

(c) the thing is located in a Customs place.

Penalty: 60 penalty units.

(2) Absolute liability applies to paragraph (1)(b).

Note: For absolute liability, see section 6.2 of the Criminal Code.

(3) In this section:

Customs place has the same meaning as in section 183UA.

34 No claim for compensation for loss

The Commonwealth shall not be liable for any loss or damage

occasioned to any goods subject to customs control except by the

neglect or wilful act of some officer.

35 Goods imported by post

Goods imported by post shall be subject to customs control equally

with goods otherwise imported.

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35A Amount payable for failure to keep dutiable goods safely etc.

(1) Where a person who has, or has been entrusted with, the

possession, custody or control of dutiable goods which are subject

to customs control:

(a) fails to keep those goods safely; or

(b) when so requested by a Collector, does not account for those

goods to the satisfaction of a Collector in accordance with

section 37;

that person shall, on demand in writing made by a Collector, pay to

the Commonwealth an amount equal to the amount of the duty of

Customs which would have been payable on those goods if they

had been entered for home consumption on the day on which the

demand was made.

(1A) Where:

(a) dutiable goods subject to customs control are, in accordance

with authority to deal or by authority of a permission given

under section 71E, taken from a place for removal to another

place;

(b) the goods are not, or part of the goods is not, delivered to that

other place; and

(c) when so requested by a Collector, the person who made the

entry or to whom the permission was given, as the case may

be, does not account for the goods, or for that part of the

goods, as the case may be, to the satisfaction of a Collector in

accordance with section 37;

the person shall, on demand in writing made by a Collector, pay to

the Commonwealth an amount equal to the amount of the duty of

Customs which would have been payable on the goods, or on that

part of the goods, as the case may be, if they had been entered for

home consumption on the day on which the demand was made.

(1B) Where:

(a) dutiable goods subject to customs control are, by authority of

a permission given under section 71E, removed to a place

other than a warehouse; and

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(b) the person to whom the permission was given fails to keep

those goods safely or, when so requested by a Collector, does

not account for the goods to the satisfaction of a Collector in

accordance with section 37;

the person shall, on demand in writing made by a Collector, pay to

the Commonwealth an amount equal to the amount of the duty of

Customs which would have been payable on those goods if they

had been entered for home consumption on the day on which the

demand was made.

(2) An amount payable under subsection (1), (1A) or (1B) shall be a

debt due to the Commonwealth and may be sued for and recovered

in a court of competent jurisdiction by proceedings in the name of

the Collector.

(3) In proceedings under the last preceding subsection, a statement or

averment in the complaint, claim or declaration of the Collector is

evidence of the matter or matters so stated or averred.

(4) This section does not affect the liability of a person arising under

or by virtue of:

(a) any other provision of this Act; or

(b) a security given under this Act.

36 Offences for failure to keep goods safely or failure to account for

goods

Offences for failure to keep goods safely

(1) A person commits an offence if:

(a) goods are subject to customs control; and

(b) the person has, or has been entrusted with, the possession,

custody or control of the goods; and

(c) the person fails to keep the goods safely.

Penalty: 500 penalty units.

(2) A person commits an offence if:

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(a) goods are subject to customs control; and

(b) the person has, or has been entrusted with, the possession,

custody or control of the goods; and

(c) the person fails to keep the goods safely.

Penalty: 60 penalty units.

(3) An offence against subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Offences for failure to account for goods

(4) A person commits an offence if:

(a) goods are subject to customs control; and

(b) the person has, or has been entrusted with, the possession,

custody or control of the goods; and

(c) the person, when so requested by a Collector, does not

account for the goods to the satisfaction of a Collector in

accordance with section 37.

Penalty: 500 penalty units.

(5) A person commits an offence if:

(a) goods are subject to customs control; and

(b) the person has an authority to deal with the goods, or is given

a permission under section 71E in relation to the goods; and

(c) the goods are taken, in accordance with the authority to deal

or by authority of the permission under section 71E, from a

place for removal to another place; and

(d) the goods are not, or part of the goods is not, delivered to that

other place; and

(e) the person, when so requested by a Collector, does not

account for the goods or for that part of the goods (as the

case may be) to the satisfaction of a Collector in accordance

with section 37.

Penalty: 500 penalty units.

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(6) A person commits an offence if:

(a) goods are subject to customs control; and

(b) the person has, or has been entrusted with, the possession,

custody or control of the goods; and

(c) the person, when so requested by a Collector, does not

account for the goods to the satisfaction of a Collector in

accordance with section 37.

Penalty: 60 penalty units.

(7) A person commits an offence if:

(a) goods are subject to customs control; and

(b) the person has an authority to deal with the goods, or is given

a permission under section 71E in relation to the goods; and

(c) the goods are taken, in accordance with the authority to deal

or by authority of the permission under section 71E, from a

place for removal to another place; and

(d) the goods are not, or part of the goods is not, delivered to that

other place; and

(e) the person, when so requested by a Collector, does not

account for the goods or for that part of the goods (as the

case may be) to the satisfaction of a Collector in accordance

with section 37.

Penalty: 60 penalty units.

(8) An offence against subsection (6) or (7) is an offence of strict

liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Removal of goods by authority of section 71E permission

(9) Without limiting subsection (1), (2), (4) or (6), if goods are

removed to a place other than a warehouse by authority of a

permission given to a person under section 71E, the person is taken

to have, or to have been entrusted with, the possession, custody or

control of the goods for the purposes of paragraph (1)(b), (2)(b),

(4)(b) or (6)(b).

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Other liabilities not affected

(10) This section does not affect the liability of a person arising under

or by virtue of:

(a) any other provision of this Act; or

(b) a security given under this Act.

37 Accounting for goods

A person accounts for goods or a part of goods to the satisfaction

of a Collector in accordance with this section if, and only if:

(a) the Collector sights the goods; or

(b) if the Collector is unable to sight the goods—the person

satisfies the Collector that the goods have been dealt with in

accordance with this Act.

42 Right to require security

(1) The Commonwealth shall have the right to require and take

securities for compliance with this Act, for compliance with

conditions or requirements to which the importation or exportation

of goods is subject and generally for the protection of the revenue,

and pending the giving of the required security in relation to any

goods subject to customs control, an officer of Customs may refuse

to deliver the goods or to give any authority to deal with the goods.

(1A) The right of the Commonwealth under subsection (1) to require

and take a security includes the right to require and take securities

for payment of any penalty that a person may become liable to pay

to the Commonwealth under the Customs Undertakings (Penalties)

Act 1981.

(1B) The right of the Commonwealth under subsection (1) to require

and take a security includes the right to require and take securities

in respect of any interim duty that may be payable on goods under

the Customs Tariff (Anti-Dumping) Act 1975 but no such security

shall be required or taken under this Act:

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(a) on an application under section 269TB of this Act in respect

of the goods to which the application relates before the time

at which the Commissioner (within the meaning of

Part XVB) has made a preliminary affirmative determination,

within the meaning of Part XVB, in respect of those goods;

or

(b) on like goods imported into Australia before that time.

(1C) If:

(a) an undertaking is given and accepted under

subsection 269TG(4) or 269TJ(3) in respect of goods; and

(b) the undertaking is subsequently breached;

the Commonwealth may require and take securities in respect of

any interim duty that may be payable under the Customs Tariff

(Anti-Dumping) Act 1975 on the goods or on like goods imported

into Australia.

(1D) The right of the Commonwealth under subsection (1) to require

and take a security includes the right to require and take a security

in respect of any interim duty that may be payable under the

Customs Tariff (Anti-Dumping) Act 1975 on goods the subject of

an application under subsection 269ZE(1) of this Act.

(2) The right of the Commonwealth under subsection (1) to require

and take securities includes the right to require and take a security

for a purpose or purposes for which security may be taken under

that subsection and for a purpose or purposes for which security

may be taken under section 16 of the Excise Act 1901-1957 and the

succeeding provisions of this Part apply to and in relation to such a

security in the same manner as they apply to and in relation to any

other security required and taken under subsection (1).

(3) The rights of the Commonwealth under this section may be

exercised by a Collector on behalf of the Commonwealth.

43 Form of security

A security shall be given in a manner and form approved by a

Collector and may, subject to that approval, be by bond, guarantee,

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cash deposit or any other method, or by two or more different

methods.

44 General securities may be given

When security is required for any particular purpose security may

by the authority of the Comptroller-General of Customs be

accepted to cover all transactions for such time and for such

amounts as the Comptroller-General of Customs may approve.

45 Cancellation of securities

(1) All securities may after the expiration of 3 years from the date

thereof or from the time specified for the performance of the

conditions thereof be cancelled by the Comptroller-General of

Customs.

(2) A security taken in respect of any interim duty that may become

payable on goods under section 8, 9, 10 or 11 of the Customs Tariff

(Anti-Dumping) Act 1975, being a security taken before the

publication under Part XVB of this Act of a notice declaring that

section to apply to those goods, shall be cancelled before the

expiration of the prescribed period after the date the security is

taken.

(3) In subsection (2), prescribed period means:

(a) in relation to a security in respect of any interim duty that

may be payable on goods under section 8 or 9 of the Customs

Tariff (Anti-Dumping) Act 1975—a period described in

subsection (3A) of this section; or

(b) in any other case—a period of 4 months.

(3A) For the purposes of paragraph (3)(a), the period is:

(a) unless paragraph (b) of this subsection applies:

(i) a period of 4 months; or

(ii) if an exporter of goods of the kind referred to in

paragraph (3)(a) requests a longer period—a period (not

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exceeding 6 months) that the Commissioner (within the

meaning of Part XVB) determines to be appropriate; or

(b) if the security was taken in connection with an investigation

under Part XVB and the non-injurious price of goods the

subject of the investigation as ascertained, or last ascertained,

for the purposes of the investigation is less than the normal

value of such goods as so ascertained, or last so ascertained:

(i) a period of 6 months; or

(ii) if an exporter of goods of the kind referred to in

paragraph (3)(a) requests a longer period—a period (not

exceeding 9 months) that the Commissioner (within the

meaning of Part XVB) determines to be appropriate.

(4) Where:

(a) a notice is published under Part XVB of this Act declaring

section 8, 9, 10 or 11 of the Customs Tariff (Anti-Dumping)

Act 1975 to apply to goods of a particular kind that may be

imported into Australia;

(b) goods of that kind are imported while that notice is in force;

and

(c) security is taken after the importation of those goods in

relation to the interim duty that may be payable in respect of

them;

subsection (2) does not apply in relation to that security.

46 New securities

If the Collector shall not at any time be satisfied with the

sufficiency of any security the Collector may require a fresh

security and a fresh security shall be given accordingly.

47 Form of security

The form of security in Schedule I hereto shall suffice for all the

purposes of a bond or guarantee under this Act and without sealing

shall bind its subscribers as if sealed and unless otherwise provided

therein jointly and severally and for the full amount.

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48 Effect of security

(1) Whenever any such security is put in suit by the Collector the

production thereof without further proof shall entitle the Collector

to judgment for their stated liability against the persons appearing

to have executed the same unless the defendants shall prove

compliance with the condition or that the security was not executed

by them or release or satisfaction.

(2) If it appears to the Court that a non-compliance with a security has

occurred, the security shall not be deemed to have been discharged

or invalidated, and the subscribers shall not be deemed to have

been released or discharged from liability by reason of:

(a) an extension of time or other concession; or

(b) the Commonwealth having consented to, or acquiesced in, a

previous non-compliance with the condition; or

(c) the Collector having failed to bring suit against the

subscribers upon the occurrence of a previous

non-compliance with the condition.

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Part IV The importation of goods

Division 1A Preliminary

Section 49

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Part IV—The importation of goods

Division 1A—Preliminary

49 Importation

For the purpose of securing the due importation of goods:

(1) The ship or aircraft may be boarded.

(2) The cargo shall be reported.

(3) The goods shall be entered unshipped and may be examined.

49A Ships and aircraft deemed to be imported

(1) Where:

(a) a ship or an aircraft has entered Australia; and

(b) a Collector, after making such inquiries as he or she thinks

appropriate, has reason to believe that the ship or aircraft

might have been imported into Australia;

he or she may serve, in accordance with subsection (4), a notice in

respect of the ship or aircraft stating that, if the ship or aircraft

remains in Australia throughout the period of 30 days commencing

on the day on which the notice was served, the ship or aircraft shall

be deemed to have been imported into Australia and may be

forfeited.

(2) Where a notice under subsection (1) has been served in respect of a

ship or an aircraft, a Collector, if he or she considers that, having

regard to weather conditions or any other relevant matter, it is

reasonable to do so, may extend the period specified in the notice

by serving, in accordance with subsection (4), a notice in respect of

the ship or aircraft stating that that period has been extended and

specifying the period by which it has been extended.

(3) Where a notice under subsection (1) has been served in respect of a

ship or an aircraft, a Collector may, before the expiration of the

period specified in the notice, or, if that period has been extended

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under subsection (2), that period as extended, revoke that notice by

serving, in accordance with subsection (4), a notice in respect of

the ship or aircraft stating that the first-mentioned notice is

revoked.

(4) A Collector shall serve a notice under subsection (1), (2) or (3) in

respect of a ship or an aircraft by causing the notice to be affixed to

a prominent part of the ship or aircraft.

(5) Where a Collector serves a notice under subsection (1), (2) or (3)

in respect of a ship or an aircraft, he or she shall, as soon as

practicable after serving the notice, publish a copy of the notice in:

(a) a newspaper circulating generally in the State or Territory in

which the ship or aircraft is situated, or, in the case of a ship

or seaplane that is not in a State or Territory, in the State or

Territory that is adjacent to the place where the ship or

seaplane is situated; and

(b) if that newspaper does not circulate in the locality in which

the ship or aircraft is situated—a newspaper (if any)

circulating in that locality.

(6) Where a Collector who proposes to serve a notice under

subsection (1), (2) or (3) in respect of a ship or aircraft considers

that the person (if any) in charge of the ship or aircraft is unlikely

to be able to read the English language but is likely to be able to

read another language, the Collector shall, when causing the notice

to be affixed to the ship or aircraft, cause a translation of the notice

into a language that that person is likely to be able to read to be

affixed to the ship or aircraft as near as practicable to the notice.

(7) Where:

(a) a Collector has served a notice under subsection (1) in

respect of a ship or aircraft;

(b) the Collector has complied with subsections (5) and (6) in

relation to the notice;

(c) the notice has not been revoked under subsection (3);

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(d) the ship or aircraft has remained in Australia throughout the

period specified in the notice, or, if that period has been

extended under subsection (2), that period as extended; and

(e) an entry has not been made in respect of the ship or aircraft

during that period or that period as extended, as the case

requires;

the ship or aircraft shall, for the purpose of this Act be deemed to

have been imported into Australia on the expiration of that period

or that period as extended, as the case requires.

(8) A reference in this section to Australia shall be read as including a

reference to waters within the limits of any State or internal

Territory.

(9) A reference in this section to a ship shall be read as not including a

reference to an overseas resources installation or to an overseas sea

installation.

49B Installations and goods deemed to be imported

(1) Where:

(a) an overseas resources installation (not being an installation

referred to in subsection (2)), becomes attached to the

Australian seabed; or

(b) an overseas sea installation (not being an installation referred

to in subsection (2)) becomes installed in an adjacent area or

in a coastal area;

the installation and any goods on the installation at the time when it

becomes so attached or so installed shall, for the purposes of the

Customs Acts, be deemed to have been imported into Australia at

the time when the installation becomes so attached or so installed.

(2) Where:

(a) an overseas resources installation is brought to a place in

Australia and is to be taken from that place into Australian

waters for the purposes of being attached to the Australian

seabed; or

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(b) an overseas sea installation is brought to a place in Australia

and is to be taken from that place into an adjacent area or into

a coastal area for the purposes of being installed in that area;

the installation and any goods on the installation at the time when it

is brought to that place shall, for the purpose of the Customs Acts,

be deemed to have been imported into Australia at the time when

the installation is brought to that place.

49C Obligations under this Part may be satisfied in accordance with

a trusted trader agreement

(1) An entity is released from an obligation that the entity would

otherwise be required to satisfy under a provision of this Part

(other than Division 1) if the obligation:

(a) is of a kind prescribed by rules for the purposes of Part XA;

and

(b) is specified in those rules as an obligation from which an

entity may be released; and

(c) is specified in a trusted trader agreement between the

Comptroller-General of Customs and the entity.

(2) If:

(a) an obligation must be satisfied under a provision of this Part

(other than Division 1); and

(b) the obligation:

(i) is of a kind prescribed by rules for the purposes of

Part XA; and

(ii) is specified in those rules as an obligation that may be

satisfied in a way other than required by this Part; and

(iii) is specified in a trusted trader agreement between the

Comptroller-General of Customs and an entity;

then, despite the relevant provision, the entity may satisfy the

obligation in the way specified in the trusted trader agreement.

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Part IV The importation of goods

Division 1 Prohibited imports

Section 50

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Division 1—Prohibited imports

50 Prohibition of the importation of goods

(1) The Governor-General may, by regulation, prohibit the importation

of goods into Australia.

(2) The power conferred by the last preceding subsection may be

exercised:

(a) by prohibiting the importation of goods absolutely;

(aa) by prohibiting the importation of goods in specified

circumstances;

(b) by prohibiting the importation of goods from a specified

place; or

(c) by prohibiting the importation of goods unless specified

conditions or restrictions are complied with.

(3) Without limiting the generality of paragraph (2)(c), the regulations:

(a) may provide that the importation of the goods is prohibited

unless a licence, permission, consent or approval to import

the goods or a class of goods in which the goods are included

has been granted as prescribed by the regulations made under

this Act or the Therapeutic Goods Act 1989; and

(b) in relation to licences or permissions granted as prescribed by

regulations made under this Act—may make provision for

and in relation to:

(i) the assignment of licences or permissions so granted or

of licences or permissions included in a prescribed class

of licences or permissions so granted;

(ii) the granting of a licence or permission to import goods

subject to compliance with conditions or requirements,

either before or after the importation of the goods, by

the holder of the licence or permission at the time the

goods are imported;

(iii) the surrender of a licence or permission to import goods

and, in particular, without limiting the generality of the

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foregoing, the surrender of a licence or permission to

import goods in exchange for the granting to the holder

of the surrendered licence or permission of another

licence or permission or other licences or permissions to

import goods; and

(iv) the revocation of a licence or permission that is granted

subject to a condition or requirement to be complied

with by a person for a failure by the person to comply

with the condition or requirement, whether or not the

person is charged with an offence against subsection (4)

in respect of the failure.

(3A) Without limiting the generality of subparagraph (3)(b)(ii), a

condition referred to in that subparagraph may be a condition that,

before the expiration of a period specified in the permission or that

period as extended with the approval of the Collector, that person,

or, if that person is a natural person who dies before the expiration

of that period or that period as extended, as the case may be, the

legal personal representative of that person, shall export, or cause

the exportation of, the goods from Australia.

(4) A person commits an offence if:

(a) a licence or permission has been granted, on or after

16 October 1963, under the regulations; and

(b) the licence or permission relates to goods that are not

narcotic goods; and

(c) the licence or permission is subject to a condition or

requirement to be complied with by the person; and

(d) the person engages in conduct; and

(e) the person’s conduct contravenes the condition or

requirement.

Penalty: 100 penalty units.

(5) Subsection (4) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

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(6) Absolute liability applies to paragraph (4)(a), despite

subsection (5).

Note: For absolute liability, see section 6.2 of the Criminal Code.

(7) A person commits an offence if:

(a) a licence or permission has been granted, on or after

16 October 1963, under the regulations; and

(b) the licence or permission relates to goods that are narcotic

goods; and

(c) the licence or permission is subject to a condition or

requirement to be complied with by the person; and

(d) the person engages in conduct; and

(e) the person’s conduct contravenes the condition or

requirement.

Penalty: Imprisonment for 2 years or 20 penalty units, or both.

(9) Absolute liability applies to paragraph (7)(a).

Note: For absolute liability, see section 6.2 of the Criminal Code.

(10) In this section:

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

51 Prohibited imports

(1) Goods, the importation of which is prohibited under section 50, are

prohibited imports.

(2) Notwithstanding the generality of subsection (1), ships, boats and

aircraft the importation of which is prohibited under section 50 are

prohibited imports if, and only if, they have been imported into

Australia.

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51A Certain controlled substances taken to be prohibited imports

(1) This section applies if a substance or plant is determined, under

Subdivision C of Division 301 of the Criminal Code (which deals

with emergency Ministerial determinations of serious drugs and

precursors), to be a border controlled drug, a border controlled

plant or a border controlled precursor.

(2) For the period during which the determination has effect,

Schedule 4 to the Customs (Prohibited Imports) Regulations 1956

has effect as if the substance or plant were described as a drug in

that Schedule.

52 Invalidation of licence, permission etc. for false or misleading

information

A licence, permission, consent or approval granted in respect of the

importation of UN-sanctioned goods is taken never to have been

granted if:

(a) an application for the licence, permission, consent or

approval was made in an approved form; and

(b) information contained in, or information or a document

accompanying, the form:

(i) was false or misleading in a material particular; or

(ii) omitted any matter or thing without which the

information or document is misleading in a material

particular.

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Division 2—The boarding of ships and aircraft

58 Ships and aircraft to enter ports or airports

(1) The master of a ship or the pilot of any aircraft shall not bring his

or her ship or aircraft to a place other than a port or airport unless

from stress of weather or other reasonable cause.

Penalty: 500 penalty units.

(1A) Subsection (1) does not apply if the master or pilot has the

permission of a Collector given under subsection (2).

(2) A Collector may, by notice in writing given to the master of a ship

or the pilot of an aircraft who has applied for permission to bring

his or her ship or aircraft to a place other than a port or airport, give

the person permission, subject to such conditions (if any) as are

specified in the notice, to bring the ship or aircraft to, or to remain

at, that place.

(3) A person who has been given permission under subsection (2) shall

not refuse or fail to comply with any condition (including a

condition imposed or varied under subsection (4)) to which that

permission is subject.

Penalty: 100 penalty units.

(4) Where a Collector has, under subsection (2), given a person

permission to bring a ship or aircraft to a place other than a port or

airport, the Collector may, at any time before that ship or aircraft is

brought to that place, by notice in writing served on the person:

(a) revoke the permission;

(b) revoke or vary a condition to which the permission is subject;

or

(c) impose new conditions to which the permission is to be

subject.

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(5) Conditions to which a permission under subsection (2) may be

subject include conditions relating to matters occurring while the

ship or aircraft is at the place to which the permission relates.

(6) A reference in this section to a ship or aircraft entering, or being

brought to, a place other than a port or airport shall be read as

including a reference to the ship or aircraft being brought to a ship

that is at an Australian resources installation or an Australian sea

installation.

58A Direct journeys between installations and external places

prohibited

(1) For the purposes of this section, installations shall be deemed not

to be a part of Australia.

(2) Subject to subsection (6), where a person:

(a) travels from an external place to:

(i) a sea installation installed in an adjacent area or in a

coastal area; or

(ii) a resources installation attached to the Australian

seabed;

whether or not in the course of a longer journey; and

(b) has not been available for questioning in Australia for the

purposes of this Act after leaving the place and before

arriving at the installation;

then:

(c) that person;

(d) the owner of the installation; and

(e) the owner and person in charge of a ship or aircraft on which

the person travelled from the place to the installation;

each commit an offence against this section.

(3) Subject to subsection (6), where goods:

(a) are brought from an external place to:

(i) a sea installation installed in an adjacent area or in a

coastal area; or

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(ii) a resources installation attached to the Australian

seabed;

whether or not previously brought to that place from another

place; and

(b) have not been available for examination in Australia for the

purposes of this Act after leaving the place and before

arriving at the installation;

then:

(c) the owner of the goods at the time of their arrival at the

installation;

(d) the owner of the installation; and

(e) the owner and person in charge of a ship or aircraft on which

the goods were transported from the place to the installation;

each commit an offence against this section.

(4) Subject to subsection (6), where a person:

(a) travels from:

(i) a sea installation installed in an adjacent area or in a

coastal area; or

(ii) a resources installation attached to the Australian

seabed;

whether or not in the course of a longer journey; and

(b) has not been available for questioning in Australia for the

purposes of this Act after leaving the installation and before

arriving in the place;

then:

(c) that person;

(d) the owner of the installation; and

(e) the owner and person in charge of a ship or aircraft on which

the person travelled from the installation to the place;

each commit an offence against this section.

(5) Subject to subsection (6), where goods:

(a) are sent from:

(i) a sea installation installed in an adjacent area or in a

coastal area; or

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(ii) a resources installation attached to the Australian

seabed;

whether or not the goods are sent on from that place; and

(b) have not been available for examination in Australia for the

purposes of this Act after leaving the installation and before

arriving in the place;

then:

(c) the person who sent the goods;

(d) the owner of the installation; and

(e) the owner and person in charge of a ship or aircraft on which

the goods were transported from the installation to the place;

each commit an offence against this section.

(5A) Subsections (2), (3), (4) and (5) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(6) It is a defence to a charge of an offence against this section if it is

established that the journey because of which the offence would

have been committed:

(a) was necessary to secure the safety of, or appeared to be the

only way of averting a threat to, human life;

(b) was necessary to secure, or appeared to be the only way of

averting a threat to, the safety of a ship at sea, of an aircraft

in flight or of an installation; or

(c) was authorised in writing, by the Comptroller-General of

Customs, and was carried out in accordance with the

conditions (if any) specified in that authorisation.

(7) Subsection (6) shall not be taken to limit by implication any

defence that would, but for the subsection, be available to a person

charged with an offence against this section.

(8) For the purposes of this section:

(a) a person shall not be taken to travel from or to an external

place or an installation because only of having been in an

aircraft flying over, or on a landing place in, the place or

installation; and

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(b) goods shall not be taken to have been brought from, or sent

to, an external place or an installation because only of being

in an aircraft flying over, or on a landing place in, the place

or installation.

Penalty: 100 penalty units.

58B Direct journeys between certain resources installations and

external places prohibited

(1) In this section:

external place does not include East Timor.

(2) Subject to subsection (6), where a person travels from an external

place to a resources installation in the Joint Petroleum

Development Area (whether or not in the course of a longer

journey) without entering either Australia or East Timor:

(a) that person; and

(b) the owner of the installation; and

(c) the owner and person in charge of the ship or aircraft on

which the person arrives at the installation;

each commit an offence against this section.

(3) Subject to subsection (6), where goods are taken from an external

place to a resources installation in the Joint Petroleum

Development Area (whether or not previously brought to that place

from another place) without being taken into either Australia or

East Timor:

(a) the owner of the goods at the time of their arrival at the

installation; and

(b) the owner of the installation; and

(c) the owner and person in charge of the ship or aircraft on

which the goods arrive at the installation;

each commit an offence against this section.

(4) Subject to subsection (6), where a person travels from a resources

installation in the Joint Petroleum Development Area to an external

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place (whether or not in the course of a longer journey) without

entering either Australia or East Timor:

(a) that person; and

(b) the owner of the installation; and

(c) the owner and person in charge of the ship or aircraft on

which the person left the installation;

each commit an offence against this section.

(5) Subject to subsection (6), where goods are sent from a resources

installation in the Joint Petroleum Development Area to an external

place (whether or not the goods are sent on from that place)

without being taken into Australia or East Timor:

(a) the person who sends the goods; and

(b) the owner of the installation; and

(c) the owner and person in charge of the ship or aircraft on

which the goods leave the installation;

each commit an offence against this section.

(5A) Subsections (2), (3), (4) and (5) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(6) It is a defence to a prosecution for an offence against this section

that the journey because of which the offence would have been

committed:

(a) was necessary to secure the safety of, or appeared to be the

only way of averting a threat to, human life; or

(b) was necessary to secure, or appeared to be the only way of

averting a threat to, the safety of a ship at sea, of an aircraft

in flight or of a resources installation; or

(c) was authorised in writing by the Comptroller-General of

Customs and was carried out in accordance with the

conditions (if any) specified in the authorisation.

(7) Subsection (6) is not to be taken to limit by implication any

defence that would, apart from that subsection, be available to a

person charged with an offence against this section.

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(8) For the purposes of this section:

(a) a person is not to be taken to travel from or to an external

place or an installation only because the person is in an

aircraft flying over, or on a landing place in or on, the place

or installation; and

(b) goods are not to be taken to have been brought from, or sent

to, an external place or an installation only because the goods

were in an aircraft that flew over, or was on a landing place

in or on, the place or installation.

(9) A person who commits an offence against this section is

punishable, on conviction, by a fine not exceeding 100 penalty

units.

60 Boarding stations

(1) The master of every ship from a place outside Australia bound to

or calling at any port shall bring his or her ship to for boarding at a

boarding station appointed for that port and shall permit his or her

ship to be boarded.

Penalty: 100 penalty units.

(2) The pilot of an aircraft from a place outside Australia arriving in

Australia shall not suffer the aircraft to land at any other airport

until the aircraft has first landed:

(a) at such airport for which a boarding station is appointed as is

nearest to the place at which the aircraft entered Australia; or

(b) at such other airport for which a boarding station is appointed

as has been approved by the Comptroller-General of

Customs, in writing, as an airport at which that aircraft, or a

class of aircraft in which that aircraft is included, may land

on arriving in Australia from a place outside Australia.

Penalty: 100 penalty units.

(3) The pilot of an aircraft engaged on an air service or flight between

Australia and a place outside Australia:

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(a) shall not suffer the aircraft to land at an airport for which a

boarding station is not appointed; and

(b) shall, as soon as practicable after the aircraft lands at an

airport, bring the aircraft for boarding to a boarding station

appointed for that airport and shall permit the aircraft to be

boarded.

Penalty: 100 penalty units.

(3A) Subsections (1), (2) and (3) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) It is a defence to a prosecution for an offence against a provision of

subsection (2) or (3) if the person charged proves that he or she

was prevented from complying with the provision by stress of

weather or other reasonable cause.

61 Facility for boarding

(1) The master of any ship or the pilot of any aircraft permitting his or

her ship or aircraft to be boarded, the master of a resources

installation, or the owner of a sea installation, shall, by all

reasonable means, facilitate the boarding of the ship, aircraft or

installation by a person who is authorized under this Act to board

that ship, aircraft or installation.

Penalty: 60 penalty units.

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

61A Owner or operator of port etc. to facilitate boarding

(1) An officer of Customs may request an owner or operator of a port

or of a port facility to facilitate, by any reasonable means, the

boarding of a ship that is in the port or port facility by any person

who is authorised under this Act to board the ship.

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(2) The owner or operator commits an offence if the owner or operator

fails to comply with the request.

Penalty: 30 penalty units.

(3) In this section:

port facility means an area of land or water, or land and water,

(including any buildings, installations or equipment in or on the

area) used either wholly or partly in connection with the loading,

unloading, docking or mooring of ships.

62 Ships to come quickly to place of unlading

(1) When a ship has been brought to at a boarding station and boarded

by an officer, the master of the ship shall, subject to any direction

given under section 275A, bring the ship to the proper place of

mooring or to the proper wharf appointed under subsection 15(2),

without touching at any other place, as quickly as it is practicable

for him or her lawfully to do so.

Penalty: 60 penalty units.

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

63 Ship or aircraft not to be moved without authority

(1) No ship or aircraft after arrival at the proper place of mooring, at

the proper wharf appointed under subsection 15(2) or at an airport

appointed under subsection 15(1) shall be removed therefrom

before the discharge of the cargo intended to be discharged at the

port or airport.

Penalty: 60 penalty units.

(2) Subsection (1) does not apply if the removal is by authority or by

direction of the harbour or aerial authority.

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(3) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

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Section 63A

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Division 3—The report of the cargo

Subdivision A—General reporting requirements

63A Definitions

In this Division:

abbreviated cargo report means an electronic cargo report, in

relation to low value cargo of a particular kind, made by a special

reporter in relation to cargo of that kind in accordance with the

requirements of section 64AB.

applicant means an applicant under Subdivision C for registration,

or for renewal of registration, as a special reporter in relation to

low value cargo of a particular kind.

application means an application under Subdivision C for

registration, or for renewal of registration, as a special reporter in

relation to low value cargo of a particular kind.

cargo, in relation to a ship or aircraft, includes any mail carried on

the ship or aircraft.

dedicated computer facilities, in relation to a person who is

seeking to be registered, or is or has been registered, as a special

reporter in relation to low value cargo of a particular kind, means

computer facilities of that person that meet the requirements of

Subdivision C relating to the making of abbreviated cargo reports

in relation to cargo of that kind, and the storage of electronic

information concerning individual consignments covered by those

reports.

house agreement, in relation to a particular mail-order house and

to a particular registered user proposing to handle consignments

from that house, means a written agreement between that house

and that user that includes provisions:

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(a) setting out the arrangements made by the user with the house

for the shipment of low value goods consigned by that house

and handled by that user; and

(b) providing that all such consignments from that house that are

to be handled by that user will be consolidated at a single

place of export outside Australia designated or determined in

accordance with the agreement; and

(c) providing that the house will transmit electronically to the

user full particulars of each such consignment for which an

order has been placed including details of the consignment’s

transportation to Australia.

low value cargo means:

(a) cargo consigned from a particular mail-order house; or

(c) cargo comprising other goods of a kind prescribed by the

regulations;

being cargo in relation to each single consignment of which

section 68 does not apply because of paragraph 68(1)(f).

mail, in relation to a ship or aircraft, means:

(a) any goods consigned through the Post Office that are carried

on the ship or aircraft; and

(b) any other correspondence carried on the ship or aircraft that

is not consigned as cargo and that is not accompanied

personal or household effects of a passenger or member of

the crew.

Note: Correspondence covered by paragraph (b) would include, for example,

an airline’s inter-office correspondence that is carried on one of the

airline’s aircraft and that is not consigned as cargo.

mail-order house means a commercial establishment carrying on

business outside Australia that sells goods solely in response to

orders placed with it either by mail or electronic means.

notified premises, in relation to a person who is, or has been, a

special reporter in relation to low value cargo of a particular kind,

means:

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(a) the premises or all premises indicated in the application, in

accordance with subsection 67EC(3), as places in Australia at

which are located:

(i) dedicated computer facilities for the storage of

information relating to cargo of that kind; or

(ii) documents relating to such information; and

(b) if a special reporter notifies the Comptroller-General of

Customs under subsection 67EF(2) that, with effect from a

particular day, the premises at which all or any of those

facilities or documents will be located is to be changed to

another place in Australia—with effect from that day, the

premises at which all of those facilities and documents will

be located.

re-mail item, in relation to a ship or aircraft, means an item of

cargo carried on the ship or aircraft, in respect of which all of the

following apply:

(a) the item is packaged in an addressed envelope, of paper or

other material, whose length plus width does not exceed 80

cm;

(b) the item consists only of paper;

(c) the item and packaging weigh no more than one kilogram;

(d) the item either has no commercial value or is a publication in

respect of which the following apply:

(i) the publication is sent from overseas to the addressee as

a subscriber to the publication;

(ii) the subscription is made by a direct dealing with the

consignor by either the addressee or another person

arranging a gift subscription for the addressee;

(iii) the value of the publication does not exceed $250 (or

such other amount as is prescribed for the purposes of

subparagraph 68(1)(f)(iii));

(e) the item is not mail;

(f) the item is not, or does not contain, goods covered by

paragraph (a) or (b) of the definition of prohibited goods in

subsection 4(1);

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(g) there is no individual document of carriage for the item;

(h) the item was consigned on the ship or aircraft by the

consignor, with other items that are covered by

paragraphs (a) to (g) of this definition, to different

consignees.

re-mail reporter means a person or partnership that is registered

under Subdivision E as a re-mail reporter.

special reporter means a person who is registered under

Subdivision C as a special reporter in respect of low value cargo of

a particular kind.

64 Impending arrival report

(1) This section applies to a ship or aircraft in respect of a voyage or

flight to Australia from a place outside Australia.

(2) If the ship or aircraft is due to arrive at a port or airport in Australia

(whether the first port or airport or any subsequent port or airport

on the same voyage or flight), the operator must report to the

Department, in accordance with this section, the impending arrival

of the ship or aircraft.

(3) Subject to subsection (4), the report of the impending arrival of the

ship or aircraft may be made by document or electronically.

(4) If the operator is required to report to the Department under

section 64AAB, or to make a cargo report, in respect of the voyage

or flight, the report of the impending arrival of the ship or aircraft

must be made electronically.

(5) A report of the impending arrival of a ship (other than a pleasure

craft) must be made:

(a) not earlier than 10 days before the time stated in the report to

be the estimated time of arrival of the ship; and

(b) not later than:

(i) the start of the prescribed period before its estimated

time of arrival; or

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(ii) if the journey is of a kind described in regulations made

for the purposes of this subparagraph—the start of the

shorter period specified in those regulations before its

estimated time of arrival.

(5A) A report of the impending arrival of a pleasure craft must be made:

(a) not earlier than the prescribed number of days before the time

stated in the report to be the estimated time of arrival of the

pleasure craft; and

(b) not later than:

(i) the start of the prescribed period before its estimated

time of arrival; or

(ii) if the journey is of a kind described in regulations made

for the purposes of this subparagraph—the start of the

shorter period specified in those regulations before its

estimated time of arrival.

(6) Regulations made for the purposes of paragraph (5)(b) or (5A)(b)

may prescribe matters of a transitional nature (including

prescribing any saving or application provisions) arising out of the

making of regulations for those purposes.

(7) A report of the impending arrival of an aircraft must be made:

(a) not earlier than 10 days before the time stated in the report to

be the estimated time of arrival of the aircraft; and

(b) not later than the prescribed period before that time.

(8) For the purposes of paragraph (7)(b), the prescribed period before

the estimated time of arrival of an aircraft is:

(a) if the flight from the last airport is likely to take not less than

3 hours—3 hours or such other period as is prescribed by the

regulations; or

(b) if the flight from the last airport is likely to take less than 3

hours:

(i) one hour or such other period as is prescribed by the

regulations; or

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(ii) if the flight is of a kind described in regulations made

for the purposes of this subparagraph—such shorter

period as is specified in those regulations.

(9) A documentary report must:

(a) be in writing; and

(b) be in an approved form; and

(c) be communicated to the Department by sending or giving it

to an officer doing duty in relation to the reporting of ships or

aircraft at the port or airport at which the ship or aircraft is

expected to arrive; and

(d) contain such information as is required by the form; and

(e) be signed in a manner specified in the form.

(10) An electronic report must communicate such information as is set

out in an approved statement.

(11) The Comptroller-General of Customs may approve different forms

for documentary reports, and different statements for electronic

reports, to be made under subsections (9) and (10) in different

circumstances, by different kinds of operators of ships or aircraft or

in respect of different kinds of ships or aircraft.

(12) An operator of a ship or aircraft who intentionally contravenes this

section commits an offence punishable, on conviction, by a penalty

not exceeding 120 penalty units.

(13) An operator of a ship or aircraft who contravenes this section

commits an offence punishable, on conviction, by a penalty not

exceeding 60 penalty units.

(14) An offence against subsection (13) is an offence of strict liability.

64AA Arrival report

(1) This section applies to a ship or aircraft in respect of a voyage or

flight to Australia from a place outside Australia.

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(2) When the ship or aircraft has arrived at a port or airport in

Australia (whether the first port or airport or any subsequent port

or airport on the same voyage or flight), the operator must report to

the Department, in accordance with this section, particulars of the

arrival of the ship or aircraft and the time of arrival.

(3) Subject to subsection (3A), the report must be made:

(a) in the case of a ship—before:

(i) the end of 24 hours (disregarding any period that occurs

on a Saturday, Sunday or holiday) after the ship’s

arrival; or

(ii) the issue of a Certificate of Clearance in respect of the

ship and the port;

whichever first happens; or

(b) in the case of an aircraft—before:

(i) the end of 3 hours after the aircraft’s arrival; or

(ii) the issue of a Certificate of Clearance in respect of the

aircraft and the airport;

whichever first happens.

(3A) The Comptroller-General of Customs may, by legislative

instrument, determine that reports for specified ships, or specified

aircraft, in specified circumstances must be made before a

specified time or before the occurrence of a specified event. Such

reports must be made in accordance with the instrument.

(4) Subject to subsection (5), a report mentioned in subsection (3) or

(3A) may be made by document or electronically.

(5) If the operator is required to report to the Department under

section 64AAB, or to make a cargo report, in respect of the voyage

or flight, a report mentioned in subsection (3) or (3A) must be

made electronically.

(6) A documentary report must:

(a) be in writing; and

(b) be in an approved form; and

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(c) be communicated to the Department by sending or giving it

to an officer doing duty in relation to the reporting of ships or

aircraft at the port or airport of arrival; and

(d) contain such information as is required by the form; and

(e) be signed in a manner specified in the form.

(7) An electronic report must communicate such information as is set

out in an approved statement.

(8) The Comptroller-General of Customs may approve different forms

for documentary reports, and different statements for electronic

reports, to be made under subsections (6) and (7) in different

circumstances, by different kinds of operators of ships or aircraft or

in respect of different kinds of ships or aircraft.

(9) An operator of a ship or aircraft who intentionally contravenes this

section commits an offence punishable, on conviction, by a penalty

not exceeding 120 penalty units.

(10) An operator of a ship or aircraft who contravenes this section

commits an offence punishable, on conviction, by a penalty not

exceeding 60 penalty units.

(11) An offence against subsection (10) is an offence of strict liability.

64AAA Report of stores and prohibited goods

(1) This section applies to a ship or aircraft in respect of a voyage or

flight to Australia from a place outside Australia.

(2) When the ship or aircraft has arrived at a port or airport in

Australia (whether the first port or airport or any subsequent port

or airport on the same voyage or flight), the operator must report to

the Department, in accordance with this section, particulars of the

ship’s stores or aircraft’s stores and of any prohibited goods

contained in those stores at the time of arrival.

(3) Subject to subsection (3A), the report must be made:

(a) in the case of a ship—before:

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(i) the end of 24 hours (disregarding any period that occurs

on a Saturday, Sunday or holiday) after the ship’s

arrival; or

(ii) the issue of a Certificate of Clearance in respect of the

ship and the port;

whichever first happens; or

(b) in the case of an aircraft—before:

(i) the end of 3 hours after the aircraft’s arrival; or

(ii) the issue of a Certificate of Clearance in respect of the

aircraft and the airport;

whichever first happens.

(3A) The Comptroller-General of Customs may, by legislative

instrument, determine that reports for specified ships, or specified

aircraft, in specified circumstances must be made before a

specified time or before the occurrence of a specified event. Such

reports must be made in accordance with the instrument.

(4) A report mentioned in subsection (3) or (3A) may be made by

document or electronically.

(5) A documentary report must:

(a) be in writing; and

(b) be in an approved form; and

(c) be communicated to the Department by sending or giving it

to an officer doing duty in relation to the reporting of ships or

aircraft at the port or airport of arrival; and

(d) contain such information as is required by the form; and

(e) be signed in a manner specified in the form.

(6) An electronic report must communicate such information as is set

out in an approved statement.

(7) The Comptroller-General of Customs may approve different forms

for documentary reports, and different statements for electronic

reports, to be made under subsections (5) and (6) in different

circumstances, by different kinds of operators of ships or aircraft or

in respect of different kinds of ships or aircraft.

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(8) An operator of a ship or aircraft who intentionally contravenes this

section commits an offence punishable, on conviction, by a penalty

not exceeding 120 penalty units.

(11) In this section:

aircraft’s stores and ship’s stores have the meanings given by

section 130C.

64AAB Notifying Department of particulars of cargo reporters

(1) This section applies to a ship or aircraft in respect of a voyage or

flight to Australia from a place outside Australia.

(2) A cargo reporter who has entered into an agreement or

arrangement with another cargo reporter under which cargo for

whose carriage the other cargo reporter is responsible is to be

carried on the ship or aircraft during the voyage or flight must

report to the Department, in accordance with this section,

particulars of the other cargo reporter.

(3) A report must be made electronically and must communicate such

information as is set out in an approved statement.

(4) A report must be made before the latest time by which a cargo

report may be made.

(5) The Comptroller-General of Customs may approve different

statements for reports to be made under this section in different

circumstances or by different kinds of cargo reporters.

(6) A cargo reporter who intentionally contravenes this section

commits an offence punishable, on conviction, by a penalty not

exceeding 120 penalty units.

(7) A cargo reporter who contravenes this section commits an offence

punishable, on conviction, by a penalty not exceeding 60 penalty

units.

(8) An offence against subsection (7) is an offence of strict liability.

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(9) A cargo reporter who is required to make a report under this

section is not liable to be prosecuted for, and cannot be served with

an infringement notice under Division 5 of Part XIII for, an offence

against this section if:

(a) the cargo reporter made a report, but contravened

subsection (4) of this section; and

(b) the time (the actual time of arrival) at which the ship or

aircraft in question arrived at the first port or airport in

Australia since it last departed from a port or airport outside

Australia was later than the estimated time of arrival referred

to in subsection 64AB(8); and

(c) the cargo reporter would not have contravened subsection (4)

of this section if the estimated time of arrival of the ship or

aircraft had been its actual time of arrival.

64AAC Report to Department of persons engaged to unload cargo

(1) This section applies to a ship or aircraft in respect of a voyage or

flight to Australia from a place outside Australia.

(2) The operator must report to the Department, in accordance with

this section, particulars of:

(a) in the case of a ship—the stevedore with whom the operator

has entered into a contract for the unloading of the cargo

from the ship at a place in Australia; or

(b) in the case of an aircraft—the depot operator who will first

receive the cargo after it has been unloaded from the aircraft

at a place in Australia.

(3) A report must be made electronically and must communicate such

information as is set out in an approved statement.

(4) A report must be made during the period within which a report

under section 64 of the impending arrival of the ship or aircraft is

required to be made.

(5) The Comptroller-General of Customs may approve different

statements for electronic reports to be made under this section in

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different circumstances, by different kinds of operators of ships or

aircraft or in respect of different kinds of ships or aircraft.

(6) An operator of a ship or aircraft who contravenes this section

commits an offence punishable, on conviction, by a penalty not

exceeding 60 penalty units.

(7) An offence against subsection (6) is an offence of strict liability.

64AB Cargo reports

(1) This section applies to a ship or aircraft in respect of a voyage or

flight to Australia from a place outside Australia.

(2) If the ship or aircraft is due to arrive at its first port or airport in

Australia since it last departed from a port or airport outside

Australia, each cargo reporter must report to the Department, in

accordance with this section, particulars of all goods:

(a) that the cargo reporter has arranged to be carried on the ship

or aircraft on the voyage or flight; and

(b) that are intended to be unloaded from the ship or aircraft at a

port or airport in Australia (whether the first port or airport or

any subsequent port or airport on the same voyage or flight);

and

(c) that are not:

(i) accompanied personal or household effects of a

passenger or member of the crew; or

(ii) ship’s stores or aircraft’s stores.

(2A) If the ship or aircraft is due to arrive at its first port, or airport, in

Australia since it last called at a port, or departed from an airport,

outside Australia, each cargo reporter must report to the

Department, in accordance with this section, particulars of all

goods that the cargo reporter has arranged to be carried on the ship

or aircraft and that are intended to be kept on board the ship or

aircraft for shipment on to a place outside Australia, other than:

(a) goods that are accompanied personal or household effects of

a passenger or member of the crew; or

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(b) ship’s stores or aircraft’s stores.

(4) A cargo report must be an electronic report.

(4B) An electronic cargo report must communicate such information as

is set out in an approved statement.

(5) If the information required by an approved statement to be

communicated electronically refers to particulars of the consignor

or consignee of goods:

(a) in the case of a report under subsection (2)—the reference in

the statement to the consignor of goods is a reference to a

supplier of goods who is located outside Australia and:

(i) initiates the sending of goods to a person in Australia; or

(ii) complies with a request from a person in Australia to

send goods to the person; and

(aa) in the case of a report under subsection (2A)—the reference

in the statement to the consignor of goods is a reference to a

supplier of goods who is located outside Australia and:

(i) initiates the sending of goods to a person in a place

outside Australia; or

(ii) complies with a request from a person in a place outside

Australia to send goods to the person; and

(b) in any case—the reference in the statement to the consignee

of goods is a reference to the person who is the ultimate

recipient of goods that have been sent from outside Australia,

whether or not the person ordered or paid for the goods.

(6) The Comptroller-General of Customs may approve different

statements for the cargo reports to be made in different

circumstances or by different kinds of cargo reporters.

(7) The statement approved for a report by a special reporter in

relation to low value cargo of a particular kind must not require the

special reporter to include information relating to cargo of that kind

at a level of specificity below the level of a submaster air waybill

or an ocean bill of lading, as the case requires.

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(7A) The statement approved for a report by a re-mail reporter in

relation to re-mail items must not require the reporter to include

information relating to re-mail items at a level of specificity below

the level of a submaster air waybill or an ocean bill of lading, as

the case requires.

Note: This means that a re-mail reporter using the approved statement does

not have to give information about individual re-mail items.

(7B) However, a re-mail reporter must not use that approved statement

for a re-mail item for which the reporter has information below that

level of specificity.

Note: A re-mail reporter who does not use the approved statement for

re-mail items must provide information about individual re-mail items

in a cargo report.

(8) A cargo report is to be made not later than:

(a) if the cargo is carried on a ship:

(i) the start of the prescribed period; or

(ii) if the journey from the last port is of a kind described in

regulations made for the purposes of this

subparagraph—the start of the shorter period that is

specified in those regulations;

before the estimated time of arrival of the ship at the first port

in Australia since it last departed from a port outside

Australia; or

(b) if the cargo is carried on an aircraft:

(i) 2 hours or such other period as is prescribed by the

regulations; or

(ii) if the flight from the last airport is of a kind described in

regulations made for the purposes of this

subparagraph—such shorter period as is specified in

those regulations;

before the estimated time of arrival specified in the report

under section 64 of the impending arrival of the aircraft at the

first airport in Australia since it last departed from an airport

outside Australia.

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Section 64AB

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(8A) Regulations made for the purposes of paragraph (8)(a) may

prescribe matters of a transitional nature (including prescribing any

saving or application provisions) arising out of the making of

regulations for those purposes.

(9) A cargo reporter who intentionally contravenes this section

commits an offence punishable, on conviction, by a penalty not

exceeding 120 penalty units.

(10) A cargo reporter who contravenes this section commits an offence

punishable, on conviction, by a penalty not exceeding 60 penalty

units.

(11) An offence against subsection (10) is an offence of strict liability.

(14A) A cargo reporter who is required to make a cargo report in respect

of particular goods is not liable to be prosecuted for, and cannot be

given an infringement notice for, an offence against this section if:

(a) the cargo reporter made a cargo report, but contravened

subsection (8) because the report was not made before the

start of a certain period; and

(b) the time (the actual time of arrival) at which the ship or

aircraft in question arrived at the first port or airport in

Australia since it last departed from a port or airport outside

Australia was later than the estimated time of arrival referred

to in subsection (8); and

(c) the cargo reporter would not have contravened subsection (8)

if the estimated time of arrival of the ship or aircraft had been

its actual time of arrival.

(15) Nothing in this section affects the operation of Subdivision C.

(16) In this section:

aircraft’s stores and ship’s stores have the meanings given by

section 130C.

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64ABAA Outturn reports

(1) When cargo is unloaded from an aircraft at an airport, the depot

operator whose particulars have been communicated to the

Department by the operator of the aircraft under section 64AAC

must communicate electronically to the Department an outturn

report in respect of the cargo.

(2) When a container is unloaded from a ship at a port, the stevedore

whose particulars have been communicated to the Department by

the operator of the ship under section 64AAC must communicate

electronically to the Department an outturn report in respect of the

container.

(3) When cargo that is not in a container is unloaded from a ship, the

stevedore whose particulars have been communicated to the

Department by the operator of the ship under section 64AAC must

communicate electronically to the Department an outturn report in

respect of the cargo.

(4) When cargo unloaded from an aircraft or ship has been moved,

under a permission given under section 71E, to a Customs place

other than a warehouse, the person in charge of the Customs place

must communicate electronically to the Department an outturn

report in respect of the cargo.

(5) An outturn report must:

(a) if it is made under subsection (1), (3) or (4):

(i) specify any goods included in the cargo report that have

not been unloaded or, if there are no such goods, contain

a statement to that effect; and

(ii) specify any goods not included in the cargo report that

have been unloaded or, if there are no such goods,

contain a statement to that effect; and

(b) if it is made under subsection (2)—set out a list of the

containers that have been unloaded; and

(c) in any case:

(i) be in accordance with an approved statement; and

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(ii) state any times required by section 64ABAB; and

(iii) be made within the period or at the time required by that

section.

(6) The Comptroller-General of Customs may approve different

statements for the outturn reports to be made by stevedores, depot

operators, or persons in charge of Customs places.

(7) An officer may disclose a cargo report to a stevedore, a depot

operator or a person in charge of a Customs place (other than a

warehouse) for the purpose of enabling the stevedore, operator or

person to communicate to the Department an outturn report in

respect of the cargo.

(8) A person who intentionally contravenes this section commits an

offence punishable, on conviction, by a penalty not exceeding 120

penalty units.

(9) A person who contravenes this section commits an offence

punishable, on conviction, by a penalty not exceeding 60 penalty

units.

(10) An offence against subsection (9) is an offence of strict liability.

(11) In this section:

Customs place has the meaning given by subsection 183UA(1).

64ABAB When outturn report is to be communicated to

Department

(1) In the case of cargo unloaded from an aircraft at an airport and

received into a depot, the depot operator must communicate the

outturn report to the Department within 24 hours, or such other

period as is prescribed by the regulations, after the time of arrival

of the aircraft as stated in the report under section 64AA.

(2) Subsections (2A), (2B), (2C), (2D) and (2E) of this section apply to

outturn reports a stevedore must communicate under

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subsection 64ABAA(2) because of the unloading of one or more

containers from a ship at a port.

(2A) The stevedore must communicate a report at the end of each

period:

(a) that starts at a time described in subsection (2B); and

(b) that is 3 hours long; and

(c) during which a container is unloaded.

(2B) A period starts:

(a) at the time the first container is unloaded; or

(b) immediately after the end of the most recent period covered

by subsection (2A); or

(c) at the first time a container is unloaded after the end of the

most recent period covered by subsection (2A), if a container

has not been unloaded in the 3 hours starting at the end of the

most recent period covered by that subsection.

(2C) The first report must state the time the first container is unloaded.

(2D) The last report must state the time when the unloading of the

containers was completed.

(2E) If the stevedore communicates a report that:

(a) covers the unloading of a container that, because of a

decision not to unload any more containers that was made

after the communication, completes the unloading of the

containers; and

(b) does not state the time when the unloading of the containers

was completed;

the stevedore must communicate another report that states that the

unloading of the containers has been completed. The stevedore

must do so within 3 hours of the decision being made.

(2F) If the regulations prescribe a period other than 3 hours,

subsections (2A), (2B) and (2E) have effect as if they referred to

the period prescribed instead of 3 hours.

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(3) In the case of cargo (not in containers) unloaded from a ship at a

wharf, the stevedore must communicate the outturn report to the

Department within 5 days, or such other period as is prescribed by

the regulations, after the day on which the unloading of the cargo

from the ship was completed. The outturn report must state the

time when the unloading of the cargo was completed.

(4) In the case of cargo unloaded from a ship or aircraft and moved,

under a permission given under section 71E, to a Customs place (as

defined in subsection 183UA(1)) other than a warehouse, the

person in charge of the Customs place must communicate the

outturn report to the Department:

(a) if the cargo is in a container:

(i) if the container is not unpacked at that place—within 24

hours (or such longer period as is prescribed by the

regulations) after the person in charge of that place

recorded the receipt of the container at that place; or

(ii) if the container is unpacked at that place—within 24

hours, or such other period as is prescribed by the

regulations, after it was unpacked; or

(b) if the cargo is not in a container—not later than:

(i) the day after the day on which the person in charge of

that place recorded a receipt of the cargo at that place;

or

(ii) if a later time is prescribed by the regulations—that later

time.

If the cargo is in a container that is unpacked at the Customs place,

the outturn report must state the time when the unpacking of the

cargo was completed.

64ABAC Explanation of shortlanded or surplus cargo

(1) If an outturn report specifies:

(a) any goods included in the cargo report that have not been

unloaded; or

(b) any goods not included in the cargo report that have been

unloaded;

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the officer may require the cargo reporter who made the cargo

report in relation to the goods to explain why the goods were not

unloaded or were not included in the cargo report, as the case may

be.

(2) If a cargo reporter in respect of whom a requirement is made under

subsection (1) fails to comply with the requirement, the cargo

reporter commits a offence punishable, on conviction, by a penalty

not exceeding 60 penalty units.

64ACA Passenger reports

Obligation to report on passengers

(1) The operator of a ship or aircraft that is due to arrive, from a place

outside Australia, at a port or airport in Australia (whether it is the

first or any subsequent port or airport of the voyage or flight) must

report to the Department on each passenger who will be on board

the ship or aircraft at the time of its arrival at the port or airport.

Note 1: This obligation must be complied with even if the information

concerned is personal information (as defined in the Privacy Act

1988).

Note 2: See also section 64ACC, which deals with what happens if

information has already been reported under the Migration Act 1958.

Note 3: Section 64ACD contains an offence for failure to comply with this

subsection.

How report is to be given—certain operators to use an approved

electronic system

(2) If one of the following paragraphs applies, the operator must give

the report by the electronic system approved for the operator for

the purposes of this subsection:

(a) the ship is on a voyage for transporting persons:

(i) that is provided for a fee payable by those using it; and

(ii) the operator of which is prescribed by the regulations;

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and the Comptroller-General of Customs has, in writing,

approved an electronic system for the operator for the

purposes of this subsection;

(b) the aircraft is on a flight that is provided as part of an airline

service:

(i) that is provided for a fee payable by those using it; and

(ii) that is provided in accordance with fixed schedules to or

from fixed terminals over specific routes; and

(iii) that is available to the general public on a regular basis;

and the Comptroller-General of Customs has, in writing,

approved an electronic system for the operator for the

purposes of this subsection.

Note 1: An approval, and a variation or revocation of an approval, is a

legislative instrument: see subsection (10).

Note 2: An approval can be varied or revoked under subsection 33(3) of the

Acts Interpretation Act 1901.

(3) However, if the approved electronic system is not working, then

the operator must give the report as if subsection (4) applied.

How report to is be given—other operators

(4) The operator of any other ship or aircraft may give the report by

document or electronically.

(5) If the report relates to a ship, it must be given not later than:

(a) the start of the prescribed period before its estimated time of

arrival; or

(b) if the journey is of a kind described in regulations made for

the purposes of this paragraph—the start of the shorter period

before its estimated time of arrival that is specified in those

regulations.

(5A) Regulations made for the purposes of subsection (5) may prescribe

matters of a transitional nature (including prescribing any saving or

application provisions) arising out of the making of regulations for

those purposes.

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Deadline for giving report—aircraft

(6) If the report relates to an aircraft, it must be given not later than:

(a) if the flight from the last airport outside Australia is likely to

take not less than 3 hours—3 hours; or

(b) if the flight from the last airport outside Australia is likely to

take less than 3 hours—one hour;

before the time stated in the report made under section 64 to be the

estimated time of arrival of the aircraft.

Other requirements for documentary reports

(7) If the report is given by document, it must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain such information as is required by the form; and

(d) be signed in a manner specified in the form; and

(e) be communicated to the Department by sending or giving it

to an officer doing duty in relation to the reporting of ships or

aircraft at the port or airport at which the ship or aircraft is

expected to arrive.

Other requirements for electronic reports

(8) If the report is given electronically (whether or not by an electronic

system approved for the purposes of subsection (2)), it must

communicate such information as is set out in an approved

statement.

Different forms and statements for different circumstances etc.

(9) The Comptroller-General of Customs may approve different forms

for documentary reports, and different statements for electronic

reports, to be made under subsections (7) and (8) in different

circumstances, by different kinds of operators of ships or aircraft or

in respect of different kinds of ships or aircraft.

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Section 64ACB

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Legislative instruments

(10) An approval of an electronic system for the purposes of

subsection (2), or a variation or revocation of such an approval, is a

legislative instrument.

Purpose for which information obtained

(12) Information obtained by the Department under this section is taken

to be obtained by the Department for the purposes of the

administration of this Act, the Migration Act 1958, and any other

law of the Commonwealth prescribed by regulations for the

purposes of this subsection.

64ACB Crew reports

Obligation to report on crew

(1) The operator of a ship or aircraft that is due to arrive, from a place

outside Australia, at a port or airport in Australia (whether it is the

first or any subsequent port or airport of the voyage or flight) must,

in accordance with this section, report to the Department on each

member of the crew who will be on board the ship or aircraft at the

time of its arrival at the port or airport.

Note 1: This obligation must be complied with even if the information

concerned is personal information (as defined in the Privacy Act

1988).

Note 2: See also section 64ACC, which deals with what happens if

information has already been reported under the Migration Act 1958.

Note 3: Section 64ACD contains an offence for failure to comply with this

subsection.

How report is to be given

(2) The operator may give the report by document or electronically.

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Deadline for giving report

(3) The report must be made during the period within which a report

under section 64 of the impending arrival of the ship or aircraft is

required to be made.

(4) However, a report in respect of an aircraft must not be made before

the date of departure of the aircraft from the last airport outside

Australia.

Other requirements for documentary reports

(5) If the report is given by document, it must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain such information as is required by the form; and

(d) be signed in a manner specified in the form; and

(e) be communicated to the Department by sending or giving it

to an officer doing duty in relation to the reporting of ships or

aircraft at the port or airport at which the ship or aircraft is

expected to arrive.

Other requirements for electronic reports

(6) If the report is given electronically, it must communicate such

information as is set out in an approved statement.

Different forms and statements for different circumstances etc.

(7) The Comptroller-General of Customs may approve different forms

for documentary reports, and different statements for electronic

reports, to be made under subsections (5) and (6) in different

circumstances, by different kinds of operators of ships or aircraft or

in respect of different kinds of ships or aircraft.

Purpose for which information obtained

(9) Information obtained by the Department under this section is taken

to be obtained by the Department for the purposes of the

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Section 64ACC

110 Customs Act 1901

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administration of this Act, the Migration Act 1958, and any other

law of the Commonwealth prescribed by regulations for the

purposes of this subsection.

64ACC Information does not have to be reported if it has already

been reported under the Migration Act 1958

(1) If:

(a) both:

(i) section 64ACA or 64ACB of this Act; and

(ii) section 245L of the Migration Act 1958;

require the same piece of information in relation to a

particular passenger or member of the crew on a particular

voyage or flight to be reported; and

(b) the operator has reported that piece of information in relation

to that passenger or member of the crew in accordance with

that section of the Migration Act 1958;

the operator is then taken not to be required by section 64ACA or

64ACB of this Act (as the case requires) to report the same piece

of information in relation to those passengers or crew.

Note: This may mean that no report at all is required under this Act.

(2) However, subsection (1) only applies if the report under the

Migration Act 1958 relates to the arrival of the ship or aircraft at

the same port or airport for which this Act requires a report.

Note: So, for example, if a report under the Migration Act 1958 is given for

a ship’s or aircraft’s arrival in an external Territory that is not part of

Australia for the purposes of this Act, subsection (1) does not apply

and a report under this Act is required.

64ACD Offence for failure to comply

(1) An operator of a ship or aircraft who intentionally contravenes

section 64ACA or 64ACB commits an offence punishable, on

conviction, by a penalty not exceeding 120 penalty units.

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Section 64ACE

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(2) An operator of a ship or aircraft who contravenes section 64ACA

or 64ACB commits an offence punishable, on conviction, by a

penalty not exceeding 60 penalty units.

(3) An offence against subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) An operator of an aircraft or ship commits a separate offence under

subsection (1) or (2) in relation to each passenger or member of the

crew in relation to whom the operator contravenes section 64ACA

or 64ACB.

64ACE Communication of reports

(1) For the purposes of this Act, a documentary report that is sent or

given to the Department in accordance with section 64, 64AA,

64AAA, 64ACA or 64ACB may be sent or given in any prescribed

manner and, when so sent or given, is taken to have been

communicated to the Department when it is received by an officer.

(2) For the purposes of this Act, a report that is sent electronically to

the Department under section 64, 64AA, 64AAA, 64AAB,

64AAC, 64AB, 64ABAA, 64ACA or 64ACB is taken to have been

communicated to the Department when an acknowledgment of the

report is sent to the person identified in the report as the person

sending it.

64ADAA Requirements for communicating to Department

electronically

A communication that is required or permitted by this Subdivision

to be made to the Department electronically must:

(a) be signed by the person who makes it (see

paragraph 126DA(1)(c)); and

(b) otherwise meet the information technology requirements

determined under section 126DA.

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Section 64ADA

112 Customs Act 1901

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64ADA Disclosure of cargo reports to port authorities

(1) An officer may disclose a cargo report to a port authority for the

purpose of enabling the authority to collect statistics or compute

liability for wharfage charges.

(2) A person to whom information is disclosed under subsection (1)

must not:

(a) use the information for any purpose other than the purpose

for which the information was disclosed; or

(b) disclose the information to any person except to the extent

necessary for that purpose.

Penalty: Imprisonment for 2 years.

(3) A reference in this section to disclosure of information includes a

reference to disclosure by way of the provision of electronic access

to the information.

64AE Obligation to answer questions and produce documents

(1) The operator of a ship or aircraft to whom section 64, 64AA,

64AAA, 64ACA or 64ACB applies must:

(a) answer questions asked by a Collector relating to the ship or

aircraft or its cargo, crew, passengers, stores or voyage; and

(b) produce documents requested by the Collector relating to a

matter referred to in paragraph (a), if the documents are in his

or her possession or control at the time of the request.

Penalty: 30 penalty units.

(1A) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(2) Each cargo reporter to whom section 64AB applies must:

(a) answer questions asked by a Collector relating to the goods

he or she has arranged to be carried on the relevant ship or

aircraft; and

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Section 64AF

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(b) produce documents requested by the Collector relating to

such goods, if the documents are in his or her possession or

control at the time of the request.

Penalty: 30 penalty units.

(2A) Subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) It is a defence to a prosecution for an offence against subsection (1)

or (2) if the person charged had a reasonable excuse for:

(a) refusing or failing to answer questions asked by a Collector;

or

(b) refusing or failing to produce documents when so requested

by a Collector.

64AF Obligation to provide access to passenger information

(1) An operator of an international passenger air service commits an

offence if:

(a) the operator receives a request from the Comptroller-General

of Customs to allow authorised officers ongoing access to the

operator’s passenger information in a particular manner and

form; and

(b) the operator fails to provide that access in that manner and

form.

Note 1: For operator, international passenger air service and passenger

information, see subsection (6).

Note 2: The obligation to provide access must be complied with even if the

information concerned is personal information (as defined in the

Privacy Act 1988).

Penalty: 50 penalty units.

(2) An operator of an international passenger air service does not

commit an offence against subsection (1) at a particular time if, at

that time, the operator cannot itself access the operator’s passenger

information.

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Section 64AF

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Note 1: For example, the operator cannot access the operator’s passenger

information if the operator’s computer system is not working.

Note 2: A defendant bears an evidential burden in relation to the matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

(3) An operator of an international passenger air service commits an

offence if the operator fails to provide an authorised officer to

whom the operator is required to allow access in accordance with

subsection (1) with all reasonable facilities, and assistance,

necessary to obtain information by means of that access and to

understand information obtained.

Penalty: 50 penalty units.

(4) An operator of an international passenger air service does not

commit an offence against subsection (3) if the operator had a

reasonable excuse for failing to provide the facilities and assistance

in accordance with that subsection.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (4) (see subsection 13.3(3) of the Criminal Code).

(5) An authorised officer must only access an operator’s passenger

information for the purposes of performing his or her functions in

accordance with:

(a) this Act; or

(b) a law of the Commonwealth prescribed by regulations for the

purposes of this paragraph.

(6) In this section:

Australian international flight means a flight:

(a) from a place within Australia to a place outside Australia; or

(b) from a place outside Australia to a place within Australia.

international passenger air service means a service of providing

air transportation of people:

(a) by means of Australian international flights (whether or not

the operator also operates domestic flights or other

international flights); and

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Section 64AF

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(b) for a fee payable by people using the service; and

(c) in accordance with fixed schedules to or from fixed terminals

over specific routes; and

(d) that is available to the general public on a regular basis.

operator, in relation to an international passenger air service,

means a person who conducts, or offers to conduct, the service.

passenger information, in relation to an operator of an

international passenger air service, means any information the

operator of the service keeps electronically relating to:

(a) flights scheduled by the operator (including information

about schedules, departure and arrival terminals, and routes);

and

(b) payments by people of fees relating to flights scheduled by

the operator; and

(c) people taking, or proposing to take, flights scheduled by the

operator; and

(d) passenger check-in, and seating, relating to flights scheduled

by the operator; and

(e) numbers of passengers taking, or proposing to take, flights

scheduled by the operator; and

(f) baggage, cargo or anything else carried, or proposed to be

carried, on flights scheduled by the operator and the tracking

and handling of those things; and

(g) itineraries (including any information about things other than

flights scheduled by the operator) for people taking, or

proposing to take, flights scheduled by the operator.

Note: The flights referred to are any flights scheduled by the operator (not

just Australian international flights).

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Section 64A

116 Customs Act 1901

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64A Ships or aircraft arriving at certain places

(1) The master of a relevant ship or the pilot of a relevant aircraft shall,

if required to do so by a Collector, make a report within such time

as is specified by the Collector and in such form as is specified by

the Collector, of the ship or aircraft and of the cargo of the ship or

aircraft.

Penalty: 60 penalty units.

(2) The master of a relevant ship or the pilot of a relevant aircraft shall,

if required to do so by a Collector, answer questions relating to the

ship or aircraft, to its cargo, crew, passengers or stores or to its

voyage or flight.

Penalty: 30 penalty units.

(3) The master of a relevant ship or the pilot of a relevant aircraft shall,

if required to do so by a Collector, produce documents relating to

the matters referred to in subsection (2).

Penalty: 30 penalty units.

(3A) Subsections (1), (2) and (3) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) In this section:

relevant aircraft means an aircraft that arrives from parts beyond

the seas at a place other than an airport in pursuance of permission

granted under section 58.

relevant ship means a ship that arrives from parts beyond the seas

at a place other than a port in pursuance of permission granted

under section 58.

65 Master or pilot of wrecked ship or aircraft to report

(1) When any ship is lost or wrecked upon the coast the master or

owner shall without any unnecessary delay make report of the ship

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Section 66

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and cargo by delivering to the Collector a Manifest so far as it may

be possible for him or her to do so.

Penalty: 60 penalty units.

(1A) Subsection (1) does not apply to the extent that it requires the

master or owner of the ship to make a report of the cargo if the

master or owner has:

(a) made a cargo report in respect of the cargo; or

(b) communicated an outward manifest under section 119 in

respect of the cargo.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (1A) (see subsection 13.3(3) of the Criminal Code).

(2) When any aircraft arriving from parts beyond the seas is lost or

wrecked at any place within Australia, the pilot or owner shall,

without any unnecessary delay, make report of the aircraft and

cargo by delivering to the Collector a Manifest so far as it may be

possible for him or her to do so.

Penalty: 60 penalty units.

(2A) Subsection (2) does not apply to the extent that it requires the pilot

or owner of the aircraft to make a report of the cargo if the pilot or

owner has:

(a) made a cargo report in respect of the cargo; or

(b) communicated an outward manifest under section 119 in

respect of the cargo.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (2A) (see subsection 13.3(3) of the Criminal Code).

(3) Subsections (1) and (2) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

66 Goods derelict to be delivered to officer

Whoever has any dutiable goods derelict flotsam jetsam lagan or

wreck in his or her possession shall deliver the same to an officer

without unnecessary delay.

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Section 67

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Penalty: 20 penalty units.

67 Interference with derelict goods

(1) No person shall unnecessarily move alter or interfere with any

goods derelict flotsam jetsam lagan or wreck.

Penalty: 20 penalty units.

(2) Subsection (1) does not apply to a person who moves, alters or

interferes with the goods by authority.

Note: For by authority, see subsection 4(1).

Subdivision C—The registration, rights and obligations of

special reporters

67EA Special reporters

For the purposes of section 64AB of this Act, a person or a

partnership may, in accordance with this Subdivision, become a

special reporter in relation to low value cargo of a particular kind.

67EB Requirements for registration as a special reporter

(1) The Comptroller-General of Customs must not register a person as

a special reporter if:

(b) the applicant does not satisfy the Comptroller-General of

Customs as mentioned in subsection (2) in relation to low

value cargo of that kind; or

(c) if the applicant is applying to be registered in respect of low

value cargo consigned from a particular mail-order house—

the applicant is not a party to a house agreement with that

mail-order house in force at all times during the 3

consecutive months before the making of the application; or

(d) the applicant does not have dedicated computer facilities

having such specifications as are determined, in writing, by

the Comptroller-General of Customs for the purpose of this

paragraph, in relation to low value cargo generally,

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Section 67EB

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including, in particular, specifications to ensure that the

information maintained by the applicant in those facilities

will not be able to be accessed or altered by unauthorised

persons; or

(e) in the opinion of the Comptroller-General of Customs:

(i) if the applicant is a natural person—the applicant is not

a fit and proper person to be registered as a special

reporter; or

(ii) if the applicant is a partnership—any of the partners is

not a fit and proper person to be a member of a

partnership registered as a special reporter; or

(iii) if the applicant is a company—any director, officer or

shareholder of a company who would participate in the

management of the affairs of the company is not a fit

and proper person so to participate; or

(iv) an employee of the applicant who would participate in

the management of the applicant’s dedicated computer

facilities is not a fit and proper person so to participate;

or

(v) if the applicant is a company—the company is not a fit

and proper company to be registered as a special

reporter.

(2) An applicant for registration as a special reporter in relation to low

value cargo of a particular kind is taken to comply with this

subsection if, and only if, the applicant satisfies the

Comptroller-General of Customs that:

(a) in a case of low value cargo consigned from a particular

mail-order house to consignees in Australia—the applicant is

likely to make cargo reports covering at least 1,000 such

consignments per month from the mail-order house during

the period of registration; or

(b) in a case of low value cargo of another prescribed kind

consigned from a place outside Australia to a consignee in

Australia—the applicant is likely to make cargo reports

covering a number of consignments per month of that kind

that is not less than the number specified in the regulations.

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Section 67EB

120 Customs Act 1901

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(3) The Comptroller-General of Customs must, in deciding whether a

person is a fit and proper person for the purposes of

subparagraph (1)(e)(i), (ii), (iii) or (iv) have regard to:

(a) any conviction of the person of an offence against this Act

committed within the 10 years immediately before the

decision; and

(b) any conviction of the person of an offence punishable by

imprisonment for one year or longer:

(i) against another law of the Commonwealth; or

(ii) against a law of a State or of a Territory;

if that offence was committed within the 10 years

immediately before that decision; and

(c) whether the person is an insolvent under administration; and

(d) whether the person was, in the 2 years immediately before

that decision, a director of, or concerned in the management

of, a company that:

(i) had been, or is being, wound up; or

(ii) had had its registration as a special reporter in relation

to any low value cargo of any kind cancelled by the

Comptroller-General of Customs because of a breach of

any condition to which the registration of the company

as a special reporter was subject; and

(e) whether any misleading information or document has been

furnished in relation to the person by the applicant under

subsection 67EC(2), 67ED(5) or 67EK(12); and

(f) if any information or document given by or in relation to the

person was false—whether the applicant knew that the

information or document was false; and

(g) whether the person has been refused a transport security

identification card, or has had such a card suspended or

cancelled, within the 10 years immediately before the

decision.

(4) The Comptroller-General of Customs must, in deciding whether a

company is a fit and proper company for the purpose of

subparagraph (1)(e)(v), have regard to:

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(a) any conviction of the company of an offence:

(i) against this Act; or

(ii) if it is punishable by a fine of $5,000 or more—against

another law of the Commonwealth, or a law of a State

or of a Territory;

committed:

(iii) within the 10 years immediately before that decision;

and

(iv) at a time when any person who is presently a director,

officer or shareholder of a kind referred to in

subparagraph (1)(e)(iii) in relation to the company was

such a director, officer or shareholder; and

(b) whether a receiver of the property, or part of the property, of

the company has been appointed; and

(c) whether the company is under administration within the

meaning of the Corporations Act 2001; and

(d) whether the company has executed, under Part 5.3A of that

Act, a deed of company arrangement that has not yet

terminated; and

(f) whether the company is being wound up.

(5) Nothing in this section affects the operation of Part VIIC of the

Crimes Act 1914 (which includes provisions that, in certain

circumstances, relieves persons from the requirement to disclose

spent convictions and requires persons aware of such convictions

to disregard them).

67EC The making of an application

(1) An applicant for registration as a special reporter in respect of low

value cargo of a particular kind may make an application under this

subsection in relation to cargo of that kind.

(2) An application must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain such information as the form requires; and

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Section 67ED

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(d) be accompanied by such other documentation as the form

requires; and

(e) be signed in the manner indicated in the form; and

(f) be lodged as required by subsection (4).

(3) Without limiting by implication the generality of the information

that may be required by the approved form, the application must

indicate the premises in Australia at which the dedicated computer

facilities of the applicant are located and the premises in Australia

at which documents relating to information required to be stored on

those facilities are or will be located.

(4) An application is taken to have been lodged with the Department

when the application is first received by an officer of Customs

designated by the Comptroller-General of Customs to receive such

applications.

(5) The day on which an application is taken to have been lodged must

be recorded on the application.

(6) For the avoidance of doubt, it is the intention of the Parliament that

a person who seeks to be registered as a special reporter:

(a) if the person seeks that registration in relation to low value

cargo consigned from more than one mail-order house—must

make a separate application for such registration in relation to

each such house; and

(c) if the person seeks that registration in relation to low value

cargo of any other kind prescribed by the regulations—must

make a separate application for such registration in relation to

each prescribed kind of low value cargo.

67ED Consideration of the application

(1) If an application under section 67EC for registration as a special

reporter in relation to low value cargo of a particular kind is

lodged, the Comptroller-General of Customs must, having regard:

(a) to the terms of the application; and

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Section 67ED

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(b) if additional information is supplied in response to a

requirement under subsection (5)—to that additional

information;

decide whether or not to register the applicant in relation to low

value cargo of that kind.

(2) The Comptroller-General of Customs must make a decision within

60 days after:

(a) if paragraph (b) does not apply—the lodgment of the

application; and

(b) if the Comptroller-General of Customs requires further

information to be supplied under subsection (5) and the

applicant supplies the information in accordance with that

subsection—the receipt of the information.

(3) If the Comptroller-General of Customs decides to register the

applicant in relation to low value cargo of the kind referred to in

the application, the Comptroller-General of Customs must register

the applicant as a special reporter in respect of low value cargo of

that kind and notify the applicant, in writing, of that decision

specifying the day on which the registration comes into force.

(4) If the Comptroller-General of Customs decides not to register the

applicant in respect of low value cargo of that kind referred to in

the application, the Comptroller-General of Customs must notify

the applicant, in writing, of that decision setting out the reasons for

so deciding.

(5) If, in considering the application, the Comptroller-General of

Customs decides that he or she needs further information on any

matter dealt with in the application:

(a) the Comptroller-General of Customs may, by notice in

writing to the applicant, require the applicant to provide such

additional information relating to that matter as the

Comptroller-General of Customs specifies within a period

specified in the notice; and

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Section 67EE

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(b) unless the information is given to the Comptroller-General of

Customs within that period—the applicant is taken to have

withdrawn the application.

67EE Basic conditions attaching to registration as a special reporter

(1) The registration of a special reporter is subject to:

(a) the conditions set out in this section and section 67EF; and

(b) if the special reporter is registered as a special reporter in

respect of low value cargo consigned from a mail-order

house—section 67EG; and

(c) if regulations under section 67EH apply—that section.

(2) The special reporter must give the Comptroller-General of

Customs written information of any of the following matters within

30 days after the occurrence of the matter:

(a) any matter that might, if the reporter were not a special

reporter but were an applicant for registration, cause

paragraph 67EB(1)(e) to apply in relation to the reporter;

(b) if, after the registration, or renewal of registration, of a

company as a special reporter, a person commences to

participate, as a director, officer or shareholder, in the

management of the affairs of the company—the fact of such

commencement; and

(c) if, after the registration, or renewal of registration, of a

special reporter, a person commences to participate as an

employee of the special reporter in the management of the

dedicated computer facilities of the special reporter—the fact

of such commencement; and

(d) if the special reporter is a partnership—the fact of any change

in the membership of the partnership.

(3) The special reporter must communicate such cargo reports by

using dedicated computer facilities.

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Section 67EF

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67EF Storage and record maintenance conditions

(1) A person who is or has been a special reporter must:

(a) store in dedicated computer facilities at notified premises all

information relating to individual consignments that the

reporter would, but for the reporter’s registration under

section 67ED or renewal of registration under section 67EK,

be required to give to the Department under section 64AB;

and

(b) for 2 years after the date that an abbreviated cargo report

covering a consignment is transmitted to the Department,

retain at notified premises all the information stored under

paragraph (a) in relation to that consignment and also all

physical documents of a prescribed kind that cover or relate

to that consignment.

(2) If, at any time, while a person is, or within 2 years after the person

ceased to be, a special reporter in relation to low value cargo of a

particular kind, the person intends to change the location of

notified premises at which:

(a) all or any of the dedicated computer facilities used to store

information relating to cargo of that kind are situated; or

(b) all or any documents containing information relating to cargo

of that kind required to be stored in such facilities are

situated;

the person must, before so doing, notify the Comptroller-General

of Customs in writing of the intention to change the premises and

include particulars of the changes proposed and of the date on

which those changes will take effect.

(3) The special reporter must ensure that the changed premises

referred to in subsection (2) are located in Australia.

(4) The special reporter must provide an officer of Customs with

online access to the information stored and retained under

subsection (1) and with the capacity to download that information,

or a part of that information, at any time as required by an officer

of Customs.

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Section 67EG

126 Customs Act 1901

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(5) The special reporter must, despite providing an officer of Customs

with the capacity to download information referred to in

subsection (4), electronically transfer that information, or a part of

that information, to an officer of Customs at any reasonable time as

required by an officer of Customs.

67EG Special mail-order house condition

If a person is registered as a special reporter in relation to low

value cargo consigned from a particular mail-order house, the

person must:

(a) ensure, at all times while that person continues to be a special

reporter in relation to that mail-order house, that there is in

force between the person and that mail-order house a house

agreement within the meaning of section 63A; and

(b) if the agreement expires or for any reason is terminated or

there is a breach or an alleged breach of the terms of that

agreement—notify the Comptroller-General of Customs, in

writing, of that expiration or termination or of that breach or

alleged breach.

67EH Further conditions may be imposed by regulations

The regulations may, at any time, provide that:

(a) if a person is first registered as a special reporter after that

time; or

(b) if a person’s registration as a special reporter is renewed after

that time;

that registration, or registration as renewed, is subject to such

further conditions relevant to registration or renewal of registration

as a special reporter under this Subdivision as the regulations

specify.

67EI Breach of conditions of registration

(1) A person who is or has been a special reporter must not breach a

condition of the person’s registration as a special reporter.

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Section 67EJ

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Penalty: 60 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

67EJ Duration of registration

If a person is registered as a special reporter in relation to low

value cargo of a particular kind, that registration:

(a) unless paragraph (b) applies—comes into force on a date

specified by the Comptroller-General of Customs under

subsection 67ED(3); and

(b) if it is a renewed registration—comes into force on a date

determined under subsection 67EK(8); and

(c) remains in force for 2 years after it comes into force unless,

before that time, it is cancelled under section 67EM.

67EK Renewal of registration

(1) A person who is a special reporter in relation to low value cargo of

a particular kind may seek renewal of registration in relation to

cargo of that kind by making and lodging a further application in

accordance with the requirements of section 67EC:

(a) unless paragraph (b) applies—not later than 30 days before

the end of the current period of registration; or

(b) if the Comptroller-General of Customs is satisfied that, for

reasons beyond the control of the special reporter, it was not

possible to meet the requirements of paragraph (a)—not later

than such later date before the end of the period of

registration as the Comptroller-General of Customs specifies.

(2) Subject to subsection (3), sections 67EB and 67EC apply in

relation to an application for renewal of registration in the same

manner as they applied to the original application.

(3) Subsection 67EB(2) has effect in relation to an application for

renewal of registration:

(a) if the registration relates to a low value cargo consigned from

a particular mail-order house—as if that subsection required

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the applicant, as a special reporter, to have reported at least

3,000 consignments of such cargo from that house during the

3 months immediately before the making of the application;

and

(c) if the registration relates to low value cargo of another

prescribed kind—as if that subsection required the applicant,

as a special reporter, to have reported at least the prescribed

number of consignments of cargo of that kind during the 3

months before the making of the application.

(4) In considering an application for renewal of registration as a

special reporter, if the Comptroller-General of Customs has varied

the specifications in relation to dedicated computer facilities in any

manner, the special reporter must ensure that the computer

facilities meet the specifications as so varied.

(5) If an application for renewal of registration as a special reporter in

relation to low value cargo of a particular kind is lodged, the

Comptroller-General of Customs must, having regard to the terms

of the application and, where additional information is supplied

under subsection (12), to the additional information, decide

whether or not to renew the registration of the applicant in relation

to low value cargo of that kind.

(6) The Comptroller-General of Customs must make the decision

before, or as soon as possible after, the end of the current period of

registration.

(7) If, for any reason, the Comptroller-General of Customs has not

completed the consideration of the application for renewal of

registration at the time when the current period of registration

would, but for this subsection, expire, the current period of

registration is taken to continue until the consideration of the

application is concluded and a resulting decision made.

(8) If the Comptroller-General of Customs decides to renew the

registration of a special reporter in relation to low value cargo of a

particular kind, the Comptroller-General of Customs must renew

the registration and notify the applicant for renewal, in writing, of

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that decision specifying the day on which, in accordance with

subsection (10), the renewal of registration comes into force.

(9) If the Comptroller-General of Customs decides not to renew the

registration of a special reporter in relation to low value cargo of a

particular kind, the Comptroller-General of Customs must notify

the applicant for renewal, in writing, of that decision setting out the

reasons for so deciding.

(10) If the Comptroller-General of Customs decides to renew the

registration of a special reporter in relation to low value cargo of a

particular kind, that renewal takes effect on the day following the

end of the current period of registration, or of that period as it is

taken to have been extended under subsection (7).

(11) If the Comptroller-General of Customs refuses to renew the

registration of a special reporter in relation to low value cargo of a

particular kind, the registration in relation to cargo of that kind

continues:

(a) until the end of the current period of registration, unless it is

earlier cancelled; or

(b) if the current period of registration is taken to have been

extended under subsection (7)—until the making of the

decision to refuse to renew registration.

(12) If, in considering an application for renewal of registration, the

Comptroller-General of Customs decides that he or she needs

further information on any matter dealt with in the application:

(a) the Comptroller-General of Customs may, by notice in

writing to the applicant, require the applicant to provide such

additional information relating to the matter as the

Comptroller-General of Customs specifies within a period

specified in the notice; and

(b) unless the information is given to the Comptroller-General of

Customs within that period—the applicant is taken to have

withdrawn the application.

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Section 67EL

130 Customs Act 1901

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67EL Comptroller-General of Customs to allocate a special

identifying code for each special reporter

If the Comptroller-General of Customs registers an applicant as a

special reporter in respect of low value cargo of a particular kind,

the Comptroller-General of Customs must allocate to the reporter a

special identifying code for use by the special reporter when

making an abbreviated cargo report in relation to cargo of that

kind.

67EM Cancellation of registration as special reporter

(1) The Comptroller-General of Customs may, at any time, give to a

special reporter a notice of intention to cancel the special reporter’s

registration if the Comptroller-General of Customs is satisfied that:

(b) if the special reporter were not a special reporter but were an

applicant for registration—circumstances have arisen

whereby paragraph 67EB(1)(e) applies in relation to the

reporter; or

(c) the special reporter has breached any condition to which the

registration as a special reporter is subject in accordance with

section 67EE, 67EF, 67EG or 67EH; or

(d) if the special reporter is registered as such in relation to low

value cargo consigned from a particular mail-order house:

(i) there is no longer a house agreement in force between

the special reporter and that house; or

(ii) the terms of such an agreement have been breached.

(2) For the purposes of paragraph (1)(b), the expression 10 years

immediately before the decision in subsections 67EB(3) and (4) is

to be taken to be 10 years immediately before the notice.

(3) The notice of intention to cancel registration must:

(a) specify the ground or grounds for the intended cancellation;

and

(b) invite the special reporter to provide a written statement to

the Comptroller-General of Customs within 30 days after the

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notice is given (the submission period) explaining why the

registration should not be cancelled; and

(c) state that the Comptroller-General of Customs may decide to

cancel the registration at any time within the 14 days

following the end of the submission period, if the grounds or

at least one of the grounds exists at that time.

(4) At any time within the 14 days referred to in paragraph (3)(c), the

Comptroller-General of Customs may, by notice in writing, decide

to cancel the registration of the special reporter generally in

relation to low value cargo of all kinds or of a particular kind, as

the Comptroller-General of Customs considers appropriate, if,

having regard to any statements made by the special reporter in

response to the notice, the Comptroller-General of Customs is

satisfied that at least one of the grounds specified in the notice

exists at the time of the decision.

(5) If the Comptroller-General of Customs decides to cancel the

registration within the 14 days, the registration is cancelled:

(a) if paragraph (b) does not apply—28 days after the decision of

the Comptroller-General of Customs; or

(b) if the special reporter applies to the Administrative Appeals

Tribunal for a review of the decision of the

Comptroller-General of Customs—when the Tribunal affirms

the decision of the Comptroller-General of Customs.

(6) The Comptroller-General of Customs must, by notice in writing,

cancel a registration if the Comptroller-General of Customs

receives a written request by the special reporter that the

registration be cancelled on or after a specified day indicated in the

request letter.

(7) A notice under subsection (1), (4) or (6) may be served:

(a) by post at the address indicated by the special reporter in the

application for registration or renewal or at an address

subsequently indicated by the special reporter; or

(b) if the special reporter is a company—by post at the registered

office of the company; or

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Section 67F

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(c) by giving it personally to the special reporter, if the special

reporter is a natural person.

(8) Failure to send a notice to a special reporter under subsection (6)

does not affect the cancellation of the registration.

Subdivision E—Registering re-mail reporters

67F Applying to be a re-mail reporter

(1) A person or partnership may apply to be registered as a re-mail

reporter.

Note: A re-mail reporter is generally not required to give information about

individual re-mail items in a cargo report: see subsections 64AB(7A)

and (7B).

(2) An application must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain the information that the form requires; and

(d) be accompanied by any other documentation that the form

requires; and

(e) be signed in the manner indicated by the form; and

(f) be lodged with an authorised officer.

67G Registering re-mail reporters

(1) The Comptroller-General of Customs must register an applicant as

a re-mail reporter if:

(a) the applicant applies under section 67F; and

(b) the Comptroller-General of Customs is satisfied that the

applicant would be unlikely to have information, or access to

information, about re-mail items that would allow the

applicant to make cargo reports at a level of specificity below

the level of submaster air waybill or ocean bill of lading; and

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Section 67H

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(c) the Comptroller-General of Customs is satisfied that the

applicant meets the fit and proper person test under

section 67H.

(2) For the purposes of deciding whether to register the applicant, the

Comptroller-General of Customs may request, in writing, the

applicant to provide additional information specified in the request

within a specified period.

(3) The Comptroller-General of Customs must decide whether to

register the applicant within:

(a) if no additional information has been requested under

subsection (2)—60 days of the lodgment of the application

under section 67F; or

(b) if additional information has been requested under

subsection (2)—60 days of the Comptroller-General of

Customs receiving the information.

(4) The Comptroller-General of Customs must:

(a) notify the applicant in writing of his or her decision; and

(b) if the decision is to register the applicant—specify, in the

notification, the day from which the applicant is registered as

a re-mail reporter.

(5) The registration may be made subject to any conditions specified in

the notification.

67H Fit and proper person test

(1) An applicant meets the fit and proper person test for the purposes

of paragraph 67G(1)(c) if the Comptroller-General of Customs is

satisfied that:

(a) if the applicant is a natural person—the applicant is a fit and

proper person to be registered as a re-mail reporter; and

(b) if the applicant is a partnership—all of the partners are fit and

proper persons to be members of a partnership registered as a

re-mail reporter; and

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(c) if the applicant is a company—all of the company’s directors,

officers and shareholders who would participate in managing

the affairs of the company are fit and proper persons to do so;

and

(d) each employee of the applicant who would participate in

making cargo reports in relation to re-mail items under

section 64AB is a fit and proper person to do so; and

(e) if the applicant is a company—the company is a fit and

proper company to be registered as a re-mail reporter.

(2) The Comptroller-General of Customs must, in deciding whether a

person is a fit and proper person for the purposes of

paragraph (1)(a), (b), (c) or (d), have regard to:

(a) any conviction of the person of an offence against this Act

committed within the 10 years immediately before the

decision; and

(b) any conviction of the person of an offence punishable by

imprisonment for one year or longer:

(i) against another law of the Commonwealth; or

(ii) against a law of a State or Territory;

if that offence was committed within the 10 years

immediately before that decision; and

(c) whether the person is an insolvent under administration; and

(d) whether the person was, in the 2 years immediately before

that decision, a director of, or concerned in the management

of, a company that:

(i) had been, or is being, wound up; or

(ii) had had its registration as a re-mail reporter cancelled

by the Comptroller-General of Customs under

paragraph 67K(1)(a), (b) or (d); and

(e) whether any misleading information or document has been

provided in relation to the person by the applicant under

subsection 67F(2) or 67G(2); and

(f) if any information or document given by or in relation to the

person was false—whether the applicant knew that the

information or document was false; and

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(g) whether the person has been refused a transport security

identification card, or has had such a card suspended or

cancelled, within the 10 years immediately before the

decision.

(3) The Comptroller-General of Customs must, in deciding whether a

company is a fit and proper company for the purpose of

paragraph (1)(e), have regard to:

(a) any conviction of the company of an offence:

(i) against this Act; or

(ii) if it is punishable by a fine of $5,000 or more—against

another law of the Commonwealth, or a law of a State

or Territory;

committed:

(iii) within the 10 years immediately before that decision;

and

(iv) at a time when any person who is presently a director,

officer or shareholder of a kind referred to in

paragraph (1)(c) in relation to the company, was such a

director, officer or shareholder; and

(b) whether a receiver of the property, or part of the property, of

the company has been appointed; and

(c) whether the company is under administration within the

meaning of the Corporations Act 2001; and

(d) whether the company has executed, under Part 5.3A of that

Act, a deed of company arrangement that has not yet

terminated; and

(f) whether the company is being wound up.

(4) Nothing in this section affects the operation of Part VIIC of the

Crimes Act 1914 (which includes provisions that, in certain

circumstances, relieve persons from the requirement to disclose

spent convictions and requires persons aware of such convictions

to disregard them).

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Section 67I

136 Customs Act 1901

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67I Obligation of re-mail reporters to notify Comptroller-General of

Customs of certain matters

A re-mail reporter must notify the Comptroller-General of Customs

in writing if:

(a) an event or circumstance occurs after the reporter’s

registration which section 67H would require the

Comptroller-General of Customs to have regard to if the

reporter were, at that time, an applicant for registration; or

(b) a person becomes, or ceases to be:

(i) if the reporter is a partnership—a member of the

partnership; and

(ii) if the reporter is a company—a director, officer or

shareholder of the company who would participate in

managing the affairs of the company; and

(iii) an employee of the reporter who would participate in

making cargo reports in relation to re-mail items under

section 64AB.

67J Varying etc. conditions of registration

(1) After registration, the Comptroller-General of Customs may

impose a new condition on a re-mail reporter’s registration by

notifying the reporter in writing of the condition.

(2) The Comptroller-General of Customs may remove or vary any

condition of a re-mail reporter’s registration by notifying the

reporter in writing of the removal or variation.

67K Cancelling the registration of a re-mail reporter

(1) The Comptroller-General of Customs may cancel the registration

of a re-mail reporter if:

(a) the reporter reports an item of cargo in the approved form or

statement referred to in subsection 64AB(7A) that was not a

re-mail item; or

(b) the reporter uses the approved form or statement in breach of

subsection 64AB(7B); or

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Section 67K

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(c) the Comptroller-General of Customs is no longer satisfied as

mentioned in paragraph 67G(1)(b) or (c); or

(d) the reporter breaches a condition of the reporter’s registration

or section 67I.

(2) The Comptroller-General of Customs must notify the reporter in

writing of the cancellation of the registration.

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Section 68

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Division 4—The entry, unshipment, landing, and

examination of goods

Subdivision A—Preliminary

68 Entry of imported goods

(1) This section applies to:

(a) goods that are imported into Australia; and

(b) goods that are intended to be imported into Australia and that

are on board a ship or aircraft that has commenced its journey

to Australia; and

(c) a ship or aircraft that is intended to be imported into

Australia and that has commenced its journey to Australia;

but does not apply to:

(d) goods that are accompanied or unaccompanied personal or

household effects of a passenger, or a member of a crew, of a

ship or aircraft; and

(e) goods, other than prescribed goods:

(i) that are included in a consignment consigned through

the Post Office by one person to another; and

(ii) that have a value not exceeding $1,000 or such other

amount as is prescribed; and

(f) goods, other than prescribed goods:

(i) that are included in a consignment consigned otherwise

than by post by one person to another; and

(ii) that are all transported to Australia in the same ship or

aircraft; and

(iii) that have a value not exceeding $250 or such other

amount as is prescribed; and

(g) containers:

(i) that are the property of a person carrying on business in

Australia; and

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(ii) that are imported on a temporary basis to be

re-exported, whether empty or loaded; and

(h) containers:

(i) that were manufactured in Australia; and

(ii) that are, when imported into Australia, the property of a

person carrying on business in Australia; and

(iii) that were the property of that person when, and have

remained the property of that person since, they were

exported or were last exported from Australia; and

(i) goods that, under the regulations, are exempted from this

section, either absolutely or on such terms and conditions as

are specified in the regulations; and

(j) goods stated in a cargo report to be goods whose destination

is a place outside Australia.

(2) The owner of goods to which this section applies may enter the

goods for home consumption or for warehousing:

(a) for goods carried on board a ship or aircraft—at any time

before the ship or aircraft first arrives at a port or airport in

Australia at which any goods are to be discharged; or

(b) for goods that are a ship or aircraft and that are not carried on

board a ship or aircraft—at any time before the ship or

aircraft first arrives at a port or airport in Australia.

(3) If the owner of goods to which this section applies does not enter

the goods under subsection (2) for home consumption or for

warehousing, the owner must enter the goods for home

consumption or for warehousing:

(a) for goods carried on board a ship or aircraft—after the ship or

aircraft first arrives at a port or airport in Australia at which

any goods are to be discharged; or

(b) for goods that are a ship or aircraft and that are not carried on

board a ship or aircraft—after the ship or aircraft first arrives

at a port or airport in Australia.

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Section 68A

140 Customs Act 1901

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(3A) An entry of goods for home consumption is made by

communicating to the Department an import declaration in respect

of the goods.

(3B) An entry of goods for warehousing is made by communicating to

the Department a warehouse declaration in respect of the goods.

(4) For the purposes of paragraph (1)(d), goods:

(a) in quantities exceeding what could reasonably be expected to

be required by a passenger or member of the crew of a ship

or aircraft for his or her own use; or

(b) that are, to the knowledge or belief of a passenger or member

of the crew of a ship or aircraft, to be sold, or used in the

course of trading, in Australia;

are not included in the personal or household effects of a passenger

or crew member.

(5) For the purposes of paragraphs (1)(e) or (f), the value of goods

must be ascertained or determined under Division 2 of Part VIII.

68A Goods imported for transhipment

If a cargo report in relation to goods states that the destination of

the goods is a place outside Australia, an officer may direct a

person who has possession of the goods:

(a) not to move the goods; or

(b) to move them to a place specified in the direction.

69 Like customable goods and excise-equivalent goods

(1) A person may apply to the Collector for permission to deliver into

home consumption like customable goods or excise equivalent

goods:

(a) of a kind specified in the application; and

(b) to which section 68 applies;

without entering them for that purpose:

(c) in respect of a recurring 7 day period; or

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(d) in respect of a calendar month if:

(i) the person is a small business entity or included in a

class prescribed by the regulations; or

(ii) the like customable goods or excise-equivalent goods to

be delivered into home consumption are of a kind

prescribed by the regulations for the purposes of this

subparagraph.

(2) If a person applies in respect of a recurring 7 day period, the person

may specify in the application the 7 day period that the person

wishes to use.

(3) Despite the definition of days in section 4, Sundays and public

holidays are counted as days for the purpose of determining a

recurring 7 day period. This subsection does not affect the

operation of section 36 of the Acts Interpretation Act 1901.

(4) An application must be made in writing in an approved form.

(5) The Collector may, on receiving an application under

subsection (1) or advice under subsection (13) or (14), by notice in

writing:

(a) give permission to the person to deliver into home

consumption, from a place specified in the permission:

(i) like customable goods to which section 68 applies; or

(ii) excise-equivalent goods to which section 68 applies;

to which the application relates without entering them for

that purpose; or

(b) refuse to give such a permission and set out in the notice the

reasons for so refusing.

(6) If a permission is to apply in respect of a 7 day period, the notice

must specify:

(a) the 7 day period for which permission is given; and

(b) the first day of the 7 day period from which permission is

given.

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(7) If a permission is to apply in respect of a calendar month, the

notice must specify the calendar month from which permission is

given.

(8) A permission given under subsection (5) in respect of like

customable goods or excise-equivalent goods is subject to the

following conditions:

(a) if a person’s permission applies in respect of a 7 day period

and specifies goods other than gaseous fuel—the condition

that, to the extent that the permission relates to goods other

than gaseous fuel, the person give the Collector a return, by

way of a document or electronically, on the first day

following the end of each 7 day period, providing particulars

in accordance with section 71K or 71L in relation to the

goods that have, during the period to which the return relates,

been delivered into home consumption under the permission;

(b) if a person’s permission applies in respect of a 7 day period

and specifies gaseous fuel—the condition that, to the extent

that the permission relates to gaseous fuel, the person give

the Collector a return, by way of a document or

electronically, on or before the seventh day following the end

of each 7 day period, providing particulars in accordance

with section 71K or 71L in relation to the gaseous fuel that

has, during the period to which the return relates, been

delivered into home consumption under the permission;

(c) if a person is a small business entity and the person’s

permission applies in respect of a calendar month—the

condition that the person give the Collector a return, by way

of a document or electronically, on or before the 21st day of

each calendar month, providing particulars in accordance

with section 71K or 71L in relation to the goods that have,

during the previous calendar month, been delivered into

home consumption under the permission;

(d) if a person’s permission applies in respect of a calendar

month and the person is included in a class mentioned in

subparagraph (1)(d)(i) or has permission to enter like

customable goods or excise-equivalent goods of a kind

prescribed by the regulations for the purposes of

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subparagraph (1)(d)(ii)—any condition prescribed by the

regulations;

(e) if a person ceases to be a small business entity—the

condition that the person advise the Collector, in writing, of

that fact as soon as practicable after ceasing to be a small

business entity;

(f) if a person ceases to be included in a class mentioned in

subparagraph (1)(d)(i)—the condition that the person advise

the Collector, in writing, of that fact as soon as practicable

after ceasing to be included in that class;

(g) in any case—the condition that on or after the goods are

imported and before they are delivered into home

consumption, the goods to which the permission relates must

have been or must be entered for warehousing;

(h) the condition that, at the time when each return is given to

the Collector, the person pay any duty owing at the rate

applicable when the goods were delivered into home

consumption;

(i) any other condition, specified in the permission, that the

Collector considers appropriate.

Note: Paragraphs (8)(a), (b), (c) and (d)—see also subsection (9).

(9) Despite paragraphs (8)(a), (b), (c) and (d), the Collector may

determine different conditions for giving the Collector a return if

subsection (13) or (14) applies.

(10) A person to whom a permission is given under subsection (5) must

comply with any conditions to which the permission is subject.

Penalty: 60 penalty units.

(11) Subsection (10) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(12) If the Collector is satisfied that a person to whom a permission has

been given under subsection (5) has failed to comply with any

condition to which the permission is subject, the officer may, at

any time while the permission remains in force, by notice in

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writing, revoke the permission. The notice must set out the reasons

for the revocation.

(13) If:

(a) a person is a small business entity or included in a class

mentioned in subparagraph (1)(d)(i); and

(b) the person’s permission applies in respect of a calendar

month; and

(c) the person advises the Collector, in writing, that the person

ceases to be a small business entity or included in a class

mentioned in subparagraph (1)(d)(i);

the Collector must, by notice in writing:

(d) revoke the permission with effect from a specified day; and

(e) give another permission under subsection (5) in respect of a 7

day period.

(14) If a person advises the Collector, in writing, that the person wishes

to change the 7 day period in respect of which their permission

applies, the Collector may, by notice in writing:

(a) revoke the permission with effect from a specified day; and

(b) give another permission under subsection (5) in respect of

another period.

(15) Subsections (12) to (14) do not, by implication, limit the

application of subsections 33(3) and (3AA) of the Acts

Interpretation Act 1901.

70 Special clearance goods

(1) In this section, special clearance goods means goods to which

section 68 applies comprising:

(a) goods reasonably required for disaster relief or for urgent

medical purposes; or

(b) engines or spare parts that are unavailable in Australia and

are urgently required for ships or aircraft, or for other

machinery that serves a public purpose; or

(c) perishable food.

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(2) A person who has imported or proposes to import goods referred to

in paragraph (a) of the definition of special clearance goods may

apply to the Collector at any time, in writing, for permission to

deliver the goods into home consumption without entering them

for that purpose.

(3) A person who has imported goods referred to in paragraph (b) or

(c) of the definition of special clearance goods may apply to the

Collector, in writing, for permission to deliver the goods into home

consumption without entering them for that purpose:

(a) if the goods become subject to customs control outside the

hours of business for dealing with import entries; and

(b) the application is made before those hours of business

resume.

(4) Subject to subsection (5), the Collector may, on receipt of an

application under subsection (2) or (3), by notice in writing:

(a) grant permission for the goods to which the application

relates to be delivered into home consumption without

entering them for that purpose; or

(b) refuse to grant such a permission and set out in the notice the

reasons for so refusing.

(5) A permission granted in respect of goods is subject to any

condition, specified in the permission, that the Collector considers

appropriate.

(6) Where an application is made in respect of perishable food, the

Collector must not grant the permission unless he or she is satisfied

that, if he or she refused to do so, the food would be of little or no

commercial value when the hours of business for dealing with

import entries resumed.

(7) Where permission is granted in respect of goods, the person to

whom the permission is granted must:

(a) give the Department a return, within 7 days of the delivery of

the goods into home consumption, providing particulars in

accordance with section 71K or 71L in relation to the goods;

and

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(b) at the time when the return is given to the Department, pay

any duty owing at the rate applicable when the goods were

delivered into home consumption; and

(c) comply with any condition to which the permission is

subject.

Penalty: 60 penalty units.

(7A) Subsection (7) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(8) Where the Collector is satisfied that a person to whom a

permission has been granted under this section has failed to comply

with any of the conditions to which the permission is subject, the

Collector may, at any time before goods are delivered into home

consumption, by notice in writing, revoke the permission and set

out in the notice the reasons for that revocation.

(9) In this section, a reference to the hours of business for dealing with

import entries is a reference to a time when, under regulations

made for the purposes of section 28, the applicant would be able to

give a documentary import declaration to the Department.

71 Information and grant of authority to deal with goods not

required to be entered

Information to be given under this section

(1) A person to whom section 71AAAB or 71AAAF applies must give

information to the Department under this section in the

circumstances mentioned in those sections.

Authority to deal granted under this section

(2) A Collector must, if circumstances mentioned in Subdivision AA

or AB of this Division require it, give an authority to deal with

goods under this section.

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Refusal to grant authority to deal under this section

(3) A Collector may, in the circumstances mentioned in

section 71AAAB, refuse under this section to authorise the

delivery of goods into home consumption.

Subdivision AA—Information and grant of authority to deal

with Subdivision AA goods

71AAAA Meaning of Subdivision AA goods

In this Subdivision:

Subdivision AA goods means:

(a) goods of a kind referred to in paragraph 68(1)(d); and

(b) goods that are prescribed by regulations made for the

purposes of subsection 71AAAE(1).

71AAAB Report and grant of authority to deal with Subdivision AA

goods

Providing information about Subdivision AA goods

(1) A person:

(a) who is the owner of Subdivision AA goods; or

(b) who is covered by regulations made under

subsection 71AAAE(2);

must, in the circumstances specified in the regulations, provide,

under section 71, the information specified in the regulations:

(c) at the time; and

(d) in the manner and form;

specified in the regulations.

Authority to deal with Subdivision AA goods

(2) If Subdivision AA goods are imported into Australia, a Collector

must, having regard to information about the goods given under

subsection (1) and (if any) section 196C:

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(a) authorise the delivery of the goods into home consumption

under section 71; or

(b) refuse to authorise the delivery of the goods into home

consumption and give reasons for the refusal.

(3) A decision of a Collector mentioned in subsection (2) must be

communicated in writing, electronically, or by another method

prescribed by the regulations.

Duty etc. to be paid before authority given

(4) A Collector must not give an authority to deal with Subdivision

AA goods unless the duty (if any) and any other charge or tax (if

any) payable on the importation of the goods has been paid.

71AAAC Suspension of authority to deal with Subdivision AA goods

Suspension of authority to deal

(1) If:

(a) a Collector has given an authority to deal with Subdivision

AA goods; and

(b) before the goods are dealt with in accordance with the

authority, an officer has reasonable grounds to suspect that

the goods were imported into Australia in contravention of a

Customs-related law;

the officer may suspend the authority for a specified period.

(2) An officer suspends an authority to deal with Subdivision AA

goods by signing a notice:

(a) stating that the authority is suspended; and

(b) setting out the reasons for the suspension;

and serving a copy of the notice on:

(c) the owner of the goods; or

(d) if the owner does not have possession of the goods—on the

person who has possession of the goods.

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Revoking a suspension of authority to deal

(3) If, during the period of a suspension of an authority to deal with

Subdivision AA goods, an officer becomes satisfied that there are

no longer reasonable grounds to suspect that the goods were

imported into Australia in contravention of a Customs-related law,

the officer must revoke the suspension.

(4) An officer revokes a suspension of an authority to deal with

Subdivision AA goods by signing a notice:

(a) stating that the authority is suspended; and

(b) setting out the reasons for the suspension;

and serving a copy of the notice on:

(c) the owner of the goods; or

(d) if the owner does not have possession of the goods—on the

person who has possession of the goods.

When suspension or revocation of suspension has effect

(5) A suspension of an authority to deal with Subdivision AA goods,

or a revocation of a suspension of such an authority, has effect

from the time when the relevant notice was given.

Subdivision AB—Information and grant of authority to deal

with specified low value goods

71AAAD Meaning of specified low value goods

In this Subdivision:

specified low value goods means goods of a kind referred to in

paragraph 68(1)(e), (f) or (i).

71AAAE Regulations

(1) The regulations may prescribe goods that are excluded from being

specified low value goods.

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Section 71AAAF

150 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Note 1: These goods are Subdivision AA goods for the purposes of

Subdivision AA of this Division.

Note 2: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(2) The regulations may prescribe persons who are not required to

comply with the provisions of this Subdivision.

Note 1: These persons must comply with Subdivision AA of this Division.

Note 2: For specification by class, see subsection 13(3) of the Legislation Act

2003.

71AAAF Making a self-assessed clearance declaration

(1) Despite section 181, the owner of specified low value goods, or a

person acting on behalf of the owner, must give the Department a

declaration (a self-assessed clearance declaration) under

section 71 containing the information that is set out in an approved

statement.

(2) A self-assessed clearance declaration must be communicated

electronically to the Department.

(3) A self-assessed clearance declaration may be communicated

together with a cargo report.

71AAAG Collector’s response if a self-assessed clearance

declaration is communicated separately from a cargo

report

(1) If a self-assessed clearance declaration is communicated to the

Department but not together with a cargo report, a Collector must

communicate a self-assessed clearance declaration advice

electronically to the person who made the declaration.

(2) A self-assessed clearance declaration advice:

(a) must refer to the number given by a Collector to identify the

self-assessed clearance declaration to which the advice is a

response; and

(b) must contain:

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(i) a statement that the goods covered by the declaration

are cleared for home consumption; or

(ii) a direction that the goods covered by the declaration be

held in their current location or further examined.

71AAAH Collector’s response if a self-assessed clearance

declaration is communicated together with a cargo report

If a self-assessed clearance declaration is communicated together

with a cargo report, a Collector may communicate electronically to

the person who made the declaration a direction that the goods

covered by the declaration be held in their current location or

further examined.

71AAAI Authority to deal with goods covered by a self-assessed

clearance declaration

If declaration is communicated separately from a cargo report

(1) If a Collector gives a self-assessed clearance declaration advice in

response to a self-assessed clearance declaration, a Collector must

communicate electronically to the person to whom the advice was

given an authority under section 71 to deliver into home

consumption the goods covered by the declaration.

Note 1: Section 71AAAL prevents a Collector from authorising the delivery

of goods into home consumption while certain duty etc. payable on

the goods is outstanding.

Note 2: A Collector does not have to give an authority to deal with the goods

while the goods are subject to a direction under

subparagraph 71AAAG(2)(b)(ii) (see section 71AAAK) or while an

officer is seeking further information (see section 71AAAO).

If declaration is communicated together with a cargo report

(2) If the Department receives a self-assessed clearance declaration

together with a cargo report, a Collector must communicate

electronically:

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152 Customs Act 1901

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(a) if a Collector gave a direction under section 71AAAH in

response to the declaration—to the person who has

possession of the goods covered by the declaration; or

(b) otherwise—to the person who made the declaration;

an authority under section 71 to deliver into home consumption the

goods covered by the declaration.

Note 1: Section 71AAAL prevents a Collector from authorising the delivery

of goods into home consumption while certain duty etc. payable on

the goods is outstanding.

Note 2: A Collector does not have to give an authority to deal with the goods

while the goods are subject to a direction under section 71AAAH (see

section 71AAAK) or while an officer is seeking further information

(see section 71AAAO).

71AAAJ Contents of authority to deal with specified low value goods

(1) An authority to deal with specified low value goods must set out:

(a) any condition under subsection (2) of this section that applies

to the authority; and

(b) the date on which the authority is given; and

(c) any other prescribed information.

(2) An authority to deal with specified low value goods may be

expressed to be subject to a condition that a specified permission

for the goods to be dealt with (however described) be obtained

under another law of the Commonwealth.

(3) If an authority to deal with specified low value goods is expressed

to be subject to the condition that a specified permission be

obtained, the authority is taken not to have been given until the

permission has been obtained.

71AAAK No authority to deal with specified low value goods while

subject to a direction to hold or further examine

A Collector is not required to grant an authority to deal with

specified low value goods at any time while the goods are subject

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to a direction under subparagraph 71AAAG(2)(b)(ii) or

section 71AAAH.

71AAAL No authority to deal with specified low value goods unless

duty etc. paid

Duty etc. to be paid before authority given

(1) A Collector must not give an authority to deal with specified low

value goods unless the duty (if any) and any other charge or tax (if

any) payable on the importation of the goods has been paid.

First exception

(2) Subsection (1) does not apply in relation to an authority to deal

with specified low value goods, if the goods are covered by item 2

of the table in subsection 132AA(1).

Note: Subsection 132AA(1) provides that import duty on goods covered by

item 2 of the table in that subsection must be paid by a time worked

out under the regulations.

Second exception

(3) Subsection (1) does not apply in relation to an authority to deal

with specified low value goods, if:

(a) the only duty, charge or tax outstanding on the importation of

the goods is one or more of the following:

(i) the assessed GST payable on the taxable importation, if

any, that is associated with the import of the goods;

(ii) if a taxable importation of a luxury car is associated

with the import of the goods—the assessed luxury car

tax payable on that taxable importation;

(iii) if a taxable dealing is associated with the import of the

goods—the assessed wine tax payable on that dealing;

and

(b) because of the following provisions, the unpaid assessed

GST, assessed luxury car tax or assessed wine tax (as

appropriate) is not payable until after duty on the goods was

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Section 71AAAM

154 Customs Act 1901

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payable (or would have been payable if the goods had been

subject to duty):

(i) paragraph 33-15(1)(b) of the GST Act;

(ii) paragraph 13-20(1)(b) of the Luxury Car Tax Act;

(iii) paragraph 23-5(1)(b) of the Wine Tax Act.

71AAAM Suspension of authority to deal with specified low value

goods

Suspension of authority to deal

(1) If:

(a) a Collector has given an authority to deal with specified low

value goods; and

(b) before the goods are dealt with in accordance with the

authority, an officer has reasonable grounds to suspect that

the goods were imported into Australia in contravention of a

Customs-related law;

the officer may suspend the authority for a specified period.

(2) An officer suspends an authority to deal with specified low value

goods by:

(a) if the authority was given in the circumstances mentioned in

subsection 71AAAI(1)—sending electronically to the person

who made the self-assessed clearance declaration a message

stating that the authority is suspended and setting out the

reasons for the suspension; or

(b) if the authority was given in the circumstances mentioned in

subsection 71AAAI(2)—sending electronically to the person

who has possession of the goods a message stating that the

authority is suspended and setting out the reasons for the

suspension.

Revoking a suspension of authority to deal

(3) If, during the period of a suspension of an authority to deal with

specified low value goods, an officer becomes satisfied that there

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are no longer reasonable grounds to suspect that the goods were

imported into Australia in contravention of a Customs-related law,

the officer must revoke the suspension.

(4) An officer revokes a suspension of an authority to deal with

specified low value goods by:

(a) if the authority was given in the circumstances mentioned in

subsection 71AAAI(1)—sending electronically to the person

who made the self-assessed clearance declaration relating to

the goods a message stating that the suspension is revoked; or

(b) if the authority was given in the circumstances mentioned in

subsection 71AAAI(2)—sending electronically to the person

who has possession of the goods a message stating that the

suspension is revoked.

When suspension or revocation of suspension has effect

(5) A suspension of an authority to deal with specified low value

goods, or a revocation of a suspension of such an authority, has

effect from the time when the relevant notice was given or the

relevant message was sent.

71AAAN Cancellation of authority to deal with specified low value

goods

(1) An officer may, at any time before specified low value goods are

dealt with in accordance with an authority to deal, cancel the

authority.

(2) An officer cancels an authority to deal with specified low value

goods by sending electronically, to the person who has possession

of the goods, a message stating that the authority is cancelled and

setting out the reasons for the cancellation.

(3) A cancellation of an authority has effect from the time when the

message was sent.

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Section 71AAAO

156 Customs Act 1901

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71AAAO Officer may seek further information in relation to

self-assessed clearance declaration

(1) A Collector may refuse to grant an authority to deal with goods

covered by a self-assessed clearance declaration until an officer

doing duty in relation to self-assessed clearance declarations:

(a) has verified particulars of the goods; or

(b) is satisfied of any other matter that may be relevant to the

granting of an authority to deal.

(2) If an officer doing duty in relation to self-assessed clearance

declarations believes on reasonable grounds that the owner of

goods covered by a self-assessed clearance declaration:

(a) has custody or control of commercial documents relating to

the goods that will assist the officer to determine whether this

Act has been or is being complied with in respect of the

goods; or

(b) has or can obtain information that will so assist the officer;

the officer may require the owner:

(c) to deliver to the officer the commercial documents in respect

of the goods that are in the owner’s custody or control

(including any such documents that had previously been

delivered to an officer and had been returned to the owner);

or

(d) to deliver to the officer such information, in writing, relating

to the goods (being information of a kind specified in the

notice) as is within the knowledge of the owner or as the

owner is reasonably able to obtain.

(3) A requirement for the delivery of documents or information in

respect of a self-assessed clearance declaration must:

(a) be communicated electronically to the person who made the

declaration; and

(b) contain such particulars as are set out in an approved

statement.

(4) If an owner of goods has been required to deliver documents or

information in relation to the goods under subsection (2), a

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Collector must not grant an authority to deal with the goods unless

the requirement has been complied with or withdrawn.

(5) An officer doing duty in relation to self-assessed clearance

declarations may ask:

(a) the owner of goods covered by a self-assessed clearance

declaration; or

(b) if another person made the declaration on behalf of the

owner—the other person;

any questions relating to the goods.

(6) If a person has been asked a question in respect of goods under

subsection (5), a Collector must not grant an authority to deal with

the goods unless the question has been answered or withdrawn.

(7) If an officer doing duty in relation to self-assessed clearance

declarations believes on reasonable grounds that the owner of

goods covered by a self-assessed clearance declaration:

(a) has custody or control of documents relating to the goods that

will assist the officer to verify the particulars shown in the

declaration; or

(b) has or can obtain information that will so assist the officer;

the officer may require the owner to produce the documents or

supply the information to the officer.

(8) If an owner of goods has been required to verify a matter in respect

of the goods under subsection (7), a Collector must not grant an

authority to deal with the goods unless the requirement has been

complied with or withdrawn, or a security has been taken for

compliance with the requirement.

(9) Subject to section 215, if a person delivers a commercial document

to an officer doing duty in relation to self-assessed clearance

declarations under this section, the officer must deal with the

document and then return it to the person.

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Section 71AAAP

158 Customs Act 1901

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71AAAP Withdrawal of self-assessed clearance declarations

(1) A self-assessed clearance declaration may, at any time before the

goods covered by the declaration are dealt with in accordance with

an authority to deal, be withdrawn by either:

(a) the owner of the goods; or

(b) a person acting on behalf of the owner;

communicating the withdrawal electronically to an officer doing

duty in relation to self-assessed clearance declarations.

(2) A person who makes a self-assessed clearance declaration in

respect of goods may, at any time before the goods are dealt with

in accordance with an authority to deal with the goods, change

information in the declaration.

(3) If a person changes information in a self-assessed clearance

declaration, the person is taken, at the time when the self-assessed

clearance declaration advice is communicated in respect of the

altered declaration, to have withdrawn the declaration as it

previously stood.

(4) A withdrawal of a self-assessed clearance declaration has no effect

during any period while a requirement under

subsection 71AAAO(2) or (7) in respect of the goods to which the

declaration relates has not been complied with.

(5) A withdrawal of a self-assessed clearance declaration is effected

when it is, or is taken under section 71AAAT to have been,

communicated to the Department.

(6) If:

(a) a self-assessed clearance declaration is communicated to the

Department; and

(b) any duty, fee, charge or tax in respect of goods covered by

the declaration remains unpaid in respect of the goods for 30

days starting on:

(i) the day on which the self-assessed clearance declaration

advice relating to the goods is communicated; or

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(ii) if under subsection 132AA(1) the duty is payable by a

time worked out under the regulations—the day on

which that time occurs; and

(c) after that period ends, the Comptroller-General of Customs

gives written notice to the owner of the goods requiring

payment of the unpaid duty, fee, charge or tax (as

appropriate) within a further period set out in the notice; and

(d) the unpaid duty, fee, charge or tax (as appropriate) is not paid

within the further period;

the self-assessed clearance declaration is taken to have been

withdrawn under subsection (1).

71AAAQ Further self-assessed clearance declaration not to be given

while there is an existing self-assessed clearance

declaration

(1) If goods are covered by a self-assessed clearance declaration, a

person must not communicate a further self-assessed clearance

declaration in respect of the goods or any part of the goods unless

the first-mentioned self-assessed clearance declaration is

withdrawn.

Penalty: 60 penalty units.

(2) An offence under subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

71AAAR Effect of withdrawal of a self-assessed clearance

declaration

(1) When a withdrawal of a self-assessed clearance declaration takes

effect, any authority to deal with the goods to which the declaration

relates is revoked.

(2) Despite the withdrawal:

(a) a person may be prosecuted under Division 4 of Part XIII, or

an infringement notice may be given to a person, in respect

of the self-assessed clearance declaration; and

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(b) a penalty may be imposed on a person who is convicted of an

offence in respect of the declaration;

as if it had not been withdrawn.

71AAAS Annotation of self-assessed clearance declaration by

Collector for certain purposes not to constitute

withdrawal

Any annotation of a self-assessed clearance declaration that is

made by a Collector as a result of the acceptance by a Collector of

an application for:

(a) a refund or rebate of all or part of the duty paid on goods

covered by the declaration; or

(b) a remission of all or part of the duty payable on goods

covered by the declaration;

is not taken to constitute a withdrawal of the declaration for the

purposes of this Act.

71AAAT Manner and effect of communicating self-assessed

clearance declarations to Department

(1) The Comptroller-General of Customs may approve different

statements for electronic communications to be made in relation to

different classes of goods for which a self-assessed clearance

declaration is required.

(2) For the purposes of this Act, a self-assessed clearance declaration

is taken to have been communicated to the Department

electronically:

(a) when a self-assessed clearance declaration advice is

communicated by a Collector electronically to the person

identified in the declaration as the person sending the

declaration; or

(b) in the case of a self-assessed clearance declaration

communicated to the Department together with a cargo

report—when a Collector communicates electronically to the

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person who made the declaration an acknowledgment of the

declaration.

(3) For the purposes of this Act, a withdrawal of a self-assessed

clearance declaration is taken to have been communicated to the

Department electronically when an acknowledgment of the

withdrawal is communicated by a Collector electronically to the

person identified in the withdrawal as the person sending the

withdrawal.

Subdivision B—Import declarations

71A Making an import declaration

(1) An import declaration is a communication to the Department in

accordance with this section of information about:

(a) goods to which section 68 applies; or

(b) warehoused goods;

that are intended to be entered for home consumption.

(2) An import declaration can be communicated by document or

electronically.

(3) A documentary import declaration must be communicated to the

Department:

(a) by giving or sending it to an officer doing duty in relation to

import declarations at the place at which the goods are to be

delivered for home consumption; or

(b) by leaving it at a place:

(i) that has been allocated for lodgement of import

declarations by notice published on the Department’s

website; and

(ii) that is where the goods are to be delivered for home

consumption.

(5) If the information communicated to the Department in an import

declaration relating to goods adequately identifies any permission

(however it is described) that has been given for the importation of

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those goods, the identification of the permission in that information

is taken, for the purposes of any law of the Commonwealth

(including this Act), to be the production of the permission to an

officer.

(6) However, subsection (5) does not affect any power of an officer,

under this Act, to require the production of a permission referred to

in that subsection.

(7) If:

(a) an import declaration is, or is taken under section 71L to

have been, communicated to the Department; and

(b) before the time when the declaration is, or is so taken to have

been, communicated to the Department, the goods to which

the declaration relates:

(i) have been imported; or

(ii) for goods carried on board a ship or aircraft—have been

brought to the first port or airport in Australia at which

any goods are to be discharged; or

(iii) for goods that are a ship or aircraft and that are not

carried on board a ship or aircraft—have arrived at a

port or airport in Australia;

the goods are taken to have been entered for home consumption.

(8) If:

(a) an import declaration is, or is taken under section 71L to

have been, communicated to the Department; and

(b) at the time when the declaration is, or is so taken to have

been, communicated to the Department, the goods to which

the declaration relates:

(i) for goods carried on board a ship or aircraft—have not

been brought to the first port or airport in Australia at

which any goods are to be discharged; or

(ii) for goods that are a ship or aircraft and that are not

carried on board a ship or aircraft—have not arrived at a

port or airport in Australia;

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the goods are taken to be entered for home consumption only when

they are brought to that first port or airport in Australia or when

they arrive at a port or airport in Australia (as the case requires).

71B Liability for import declaration processing charge

(1) When an import declaration (including an altered import

declaration) in respect of goods to which section 68 applies (other

than warehoused goods) is, or is taken to have been, communicated

to the Department under section 71A, the owner of the goods

becomes liable to pay import declaration processing charge in

respect of the declaration.

(2) If a person who is an owner of goods pays import declaration

processing charge in respect of an import declaration relating to

particular goods, any other person who is an owner of those goods

ceases to be liable to pay charge in respect of that declaration.

(3) If an import declaration is withdrawn under subsection 71F(1), or

is taken, under subsection 71F(2) or (7), to have been withdrawn,

before the issue of an authority to deal in respect of goods covered

by the declaration, then, despite subsection (1), the owner of the

goods is not liable to pay import declaration processing charge in

respect of the declaration.

Exemptions from charge

(4) The Minister may, by legislative instrument, determine one or

more of the following:

(a) that specified persons are exempt from liability to pay import

declaration processing charge;

(b) that persons are exempt from liability to pay import

declaration processing charge in respect of import

declarations relating to specified goods;

(c) that specified persons are exempt from liability to pay import

declaration processing charge in respect of import

declarations relating to specified goods.

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(5) An instrument under subsection (4) takes effect on the day

specified in the instrument (which may be earlier or later than the

day the instrument is made).

Refund of charge

(6) If:

(a) a person pays an amount of import declaration processing

charge on or after the day an instrument under subsection (4)

takes effect; and

(b) the person is exempt from liability to pay that amount of

charge because of that instrument;

the Comptroller-General of Customs must, on behalf of the

Commonwealth, refund to the person an amount equal to the

amount of charge paid.

Debt

(7) An amount of import declaration processing charge that a person is

liable to pay:

(a) is a debt due by the person to the Commonwealth; and

(b) may be recovered by action in a court of competent

jurisdiction.

71BA Warehoused goods declaration fee

(1) An owner of warehoused goods who makes an import declaration

in respect of the goods is liable to pay a fee (the warehoused goods

declaration fee) for the processing of the declaration.

(2) The amount of the warehoused goods declaration fee is:

(a) if the import declaration is made electronically—$23.00 or, if

another amount (not exceeding $34.00) is prescribed by the

regulations, the amount so prescribed; or

(b) if the import declaration is made by document—$63.00 or, if

another amount (not exceeding $94.00) is prescribed by the

regulations, the amount so prescribed.

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(3) If a person who is an owner of warehoused goods pays the

warehoused goods declaration fee for the processing of an import

declaration in respect of the goods, any other person who is an

owner of the goods ceases to be liable to pay the fee for the

processing of the import declaration.

(4) In this section:

warehoused goods includes goods that, under section 100, may be

dealt with as warehoused goods.

71C Authority to deal with goods in respect of which an import

declaration has been made

(1) If an import declaration in respect of goods has been

communicated to the Department, a Collector must give an import

declaration advice, by document or electronically, in accordance

with this section.

(2) An import declaration advice relating to goods entered by

documentary import declaration:

(a) must be given to the owner of the goods or be made available

for collection by leaving it at a place that has been allocated

for collection of such advices by notice published on the

Department’s website; and

(b) must contain:

(i) a statement to the effect that the goods are cleared for

home consumption; or

(ii) a statement that the goods are directed to be held in their

current location or are directed for further examination.

(3) An import declaration advice relating to goods entered by an

electronic import declaration:

(a) must refer to the number given by a Collector to identify the

particular import declaration; and

(b) must be communicated electronically to the person who

made the declaration; and

(c) must contain:

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(i) a statement to the effect that the goods are cleared for

home consumption; or

(ii) a statement that the goods are directed to be held in their

current location or are directed for further examination.

(4) Subject to subsection (5), if:

(a) an import declaration advice is given or communicated under

this section; and

(b) a payment is made of any duty, assessed GST, assessed

luxury car tax, assessed wine tax, import declaration

processing charge or other charge or fee payable at the time

of entry of, or in respect of, the goods covered by the import

declaration advice;

a Collector must:

(c) if the advice was given under subsection (2)—give the

person to whom the advice was given an authority, in

writing, to take the goods into home consumption; and

(d) if the advice was communicated electronically under

subsection (3)—communicate electronically, to the person to

whom the advice was communicated, an authority to take the

goods into home consumption.

(5) A Collector is not required to give or communicate an authority

under subsection (4) while the goods concerned are subject to a

direction referred to in subparagraph (2)(b)(ii) or (3)(c)(ii).

(6) A Collector must give an authority under subsection (4) in relation

to goods covered by item 2 of the table in subsection 132AA(1) if

subsection (4) would require a Collector to do so apart from

paragraph (4)(b).

Note: Subsection 132AA(1) provides that import duty on goods covered by

item 2 of the table in that subsection must be paid by a time worked

out under the regulations.

(7) A Collector must give an authority under subsection (4) in relation

to goods if:

(a) that subsection would require a Collector to do so apart from

the fact that any or all of the following were not paid when

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duty on the goods was paid (or would have been payable if

the goods had been subject to duty):

(i) the assessed GST payable on the taxable importation, if

any, that is associated with the import of the goods;

(ii) if a taxable importation of a luxury car is associated

with the import of the goods—the assessed luxury car

tax payable on that taxable importation;

(iii) if a taxable dealing is associated with the import of the

goods—the assessed wine tax payable on that dealing;

and

(b) because of the following provisions, the unpaid assessed

GST, assessed luxury car tax or assessed wine tax (as

appropriate) was not payable until after duty on the goods

was payable (or would have been payable if the goods had

been subject to duty):

(i) paragraph 33-15(1)(b) of the GST Act;

(ii) paragraph 13-20(1)(b) of the Luxury Car Tax Act;

(iii) paragraph 23-5(1)(b) of the Wine Tax Act.

(8) If goods are authorised to be taken into home consumption, the

authority to deal, whether given by a document or electronically,

must set out:

(a) any condition of the kind referred to in subsection (9) to

which the authority is subject; and

(b) the date on which the authority is given; and

(c) such other information as is prescribed.

(9) An authority to deal with goods may be expressed to be subject to

a condition that a specified permission for the goods to be dealt

with (however it is described) be obtained under another law of the

Commonwealth.

(10) If an authority to deal with goods is expressed to be subject to the

condition that a specified permission be obtained, the authority is

taken not to have been given until the permission has been

obtained.

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(11) An officer may, at any time before goods authorised to be taken

into home consumption are so dealt with, cancel the authority:

(a) if the authority was given in respect of a documentary

declaration, by:

(i) signing a notice stating that the authority is cancelled

and setting out the reasons for the cancellation; and

(ii) serving a copy of the notice on the person who made the

declaration or, if that person does not have possession of

the goods, on the person who has possession of the

goods; or

(b) if the authority was given in respect of an electronic

declaration—by sending electronically, to the person who

made the declaration, a message stating that the authority is

cancelled and setting out the reasons for the cancellation.

(12) If, at any time before goods authorised to be taken into home

consumption are so dealt with, an officer has reasonable grounds to

suspect that the goods were imported into Australia in

contravention of any Customs-related law, the officer may suspend

the authority for a specified period:

(a) if the authority was given in respect of a documentary

declaration, by:

(i) signing a notice stating that the authority is so

suspended and setting out the reasons for the

suspension; and

(ii) serving a copy of the notice on the person who made the

declaration or, if that person does not have possession of

the goods, on the person who has possession of the

goods; or

(b) if the authority was given in respect of an electronic

declaration—by sending electronically, to the person who

made the declaration, a message stating that the authority is

so suspended and setting out the reasons for the suspension.

(13) If, during the suspension under subsection (12) of an authority, an

officer becomes satisfied that there are no longer reasonable

grounds to suspect that the goods were imported into Australia in

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contravention of a Customs-related law, the officer must revoke the

suspension:

(a) if the authority was given in respect of a documentary

declaration, by:

(i) signing a notice stating that the suspension is revoked;

and

(ii) serving a copy of the notice on the person to whom the

notice of the suspension was given; or

(b) if the authority was given in respect of an electronic

declaration—by sending electronically, to the person to

whom the message notifying the suspension was sent, a

message stating that the suspension is revoked.

(14) A cancellation or suspension of an authority, or a revocation of a

suspension of an authority, has effect from the time when the

relevant notice is served or the relevant message is sent, as the case

may be.

71D Visual examination in presence of officer

(1) If a person who is permitted or required to make an import

declaration in respect of goods to which section 68 applies does not

have the information to complete the declaration, the person may

apply to the Department, by document or electronically, for

permission to examine the goods in the presence of an officer.

(2) A documentary application must be communicated to the

Department by giving it to an officer doing duty in relation to

import declarations.

(3) When an application is given to an officer under subsection (2) or

is sent electronically, an officer must, by writing or by message

sent electronically, give the applicant permission to examine the

goods on a day and at a place specified in the notice.

(4) A person who has received a permission may examine the goods in

accordance with the permission in the presence of an officer.

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71DA An officer may seek additional information

(1) Without limiting the information that may be required to be

included in an import declaration, if an import declaration has been

made in respect of goods, authority to deal with the goods may be

refused until an officer doing duty in relation to import

declarations:

(a) has verified particulars of the goods shown in the import

declaration; or

(b) is satisfied of any other matter that may be relevant to the

granting of an authority to deal.

(2) If an officer doing duty in relation to import declarations believes,

on reasonable grounds, that the owner of goods to which an import

declaration relates has custody or control of commercial

documents, or has, or can obtain, information, relating to the goods

that will assist the officer to determine whether this Act has been or

is being complied with in respect of the goods, the officer may

require the owner:

(a) to deliver to the officer the commercial documents in respect

of the goods that are in the owner’s custody or control

(including any such documents that had previously been

delivered to an officer and had been returned to the owner);

or

(b) to deliver to the officer such information, in writing, relating

to the goods (being information of a kind specified in the

notice) as is within the knowledge of the owner or as the

owner is reasonably able to obtain.

(3) A documentary requirement for the delivery of documents or

information in respect of an import declaration must:

(a) be communicated to the person by whom, or on whose

behalf, the declaration was communicated; and

(b) be in an approved form and contain such particulars as the

form requires.

(4) An electronic requirement for the delivery of documents or

information in respect of an import declaration must:

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(a) be communicated electronically to the person who made the

declaration; and

(b) contain such particulars as are set out in an approved

statement.

(5) An officer doing duty in relation to import declarations may ask:

(a) the owner of goods in respect of which an import declaration

has been made; and

(b) if another person made the declaration on behalf of the

owner—that other person;

any questions relating to the goods.

(6) If an officer doing duty in relation to import declarations believes,

on reasonable grounds, that the owner of goods to which an import

declaration relates has custody or control of documents, or has, or

can obtain, information, relating to the goods that will assist the

officer to verify the particulars shown in the import declaration, the

officer may require the owner to produce the documents or supply

the information to the officer.

(7) If:

(a) the owner of goods has been required to deliver documents or

information in relation to the goods under subsection (2); or

(b) the owner of, or the person making an import declaration in

respect of, goods has been asked a question in respect of the

goods under subsection (5); or

(c) the owner of goods has been required to verify a matter in

respect of the goods under subsection (6);

authority to deal with the relevant goods in accordance with the

declaration must not be granted unless:

(d) the requirement referred to in paragraph (a) has been

complied with or withdrawn; or

(e) the question referred to in paragraph (b) has been answered

or withdrawn; or

(f) the requirement referred to in paragraph (c) has been

complied with or withdrawn, or a security has been taken for

compliance with the requirement;

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as the case requires.

(8) Subject to section 215, if a person delivers a commercial document

to an officer doing duty in relation to import declarations under this

section, the officer must deal with the document and then return it

to the person.

Subdivision D—Warehouse declarations

71DH Making a warehouse declaration

(1) A warehouse declaration is a communication to the Department in

accordance with this section of information about goods to which

section 68 applies that are intended to be entered for warehousing.

(2) A warehouse declaration may be communicated by document or

electronically.

(3) A documentary warehouse declaration must be communicated to

the Department:

(a) by giving or sending it to an officer doing duty in relation to

warehouse declarations at the place at which the goods are to

be delivered for warehousing; or

(b) by leaving it at a place:

(i) that has been allocated for lodgement of warehouse

declarations by notice published on the Department’s

website; and

(ii) that is where the goods are to be delivered for

warehousing.

(5) If the information communicated to the Department in a warehouse

declaration relating to goods adequately identifies any permission

(however it is described) that has been given for the importation of

those goods, the identification of the permission in that information

is taken, for the purposes of any law of the Commonwealth

(including this Act), to be the production of the permission to an

officer.

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(6) However, subsection (5) does not affect any power of an officer,

under this Act, to require the production of a permission referred to

in that subsection.

(7) If:

(a) a warehouse declaration is, or is taken under section 71L to

have been, communicated to the Department; and

(b) before the time when the declaration is, or is so taken to have

been, communicated to the Department, the goods to which

the declaration relates have been imported or have been

brought to the first port or airport in Australia at which any

goods are to be discharged;

the goods are taken to have been entered for warehousing.

(8) If:

(a) a warehouse declaration is, or is taken under section 71L to

have been, communicated to the Department; and

(b) at the time when the warehouse declaration is, or is so taken

to have been, communicated to the Department, the goods to

which the declaration relates have not been brought to the

first port or airport in Australia at which any goods are to be

discharged;

the goods are taken to be entered for warehousing only when they

are brought to that port or airport.

71DI Liability for warehouse declaration processing charge

(1) When a warehouse declaration (including an altered warehouse

declaration) in respect of goods is, or is taken to have been,

communicated to the Department under section 71DH, the owner

of the goods becomes liable to pay warehouse declaration

processing charge in respect of the declaration.

(2) If a person who is an owner of goods pays warehouse declaration

processing charge in respect of a warehouse declaration relating to

particular goods, any other person who is an owner of those goods

ceases to be liable to pay charge in respect of that declaration.

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(3) If a warehouse declaration is withdrawn under subsection 71F(1),

or is taken, under subsection 71F(2) or (7), to have been

withdrawn, before the issue of an authority to deal in respect of

goods covered by the declaration, then, despite subsection (1), the

owner of the goods is not liable to pay warehouse declaration

processing charge in respect of the declaration.

Debt

(4) An amount of warehouse declaration processing charge that a

person is liable to pay:

(a) is a debt due by the person to the Commonwealth; and

(b) may be recovered by action in a court of competent

jurisdiction.

71DJ Authority to deal with goods in respect of which a warehouse

declaration has been made

(1) If a warehouse declaration in respect of goods has been

communicated to the Department, a Collector must give a

warehouse declaration advice, by document or electronically, in

accordance with this section.

(2) A warehouse declaration advice relating to goods entered by

documentary warehouse declaration:

(a) must be given to the owner of the goods or be made available

for collection by leaving it at a place that has been allocated

for collection of such advices by notice published on the

Department’s website; and

(b) must contain:

(i) a statement to the effect that the goods are cleared for

warehousing; or

(ii) a statement that the goods are directed to be held in their

current location or are directed for further examination.

(3) A warehouse declaration advice relating to goods entered by an

electronic warehouse declaration:

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(a) must refer to the number given by a Collector to identify the

particular warehouse declaration; and

(b) must be communicated electronically to the person who

made the declaration; and

(c) must contain:

(i) a statement to the effect that the goods are cleared for

warehousing; or

(ii) a statement that the goods are directed to be held in their

current location or are directed for further examination.

(4) Subject to subsection (5), if:

(a) a warehouse declaration advice is given or communicated

under this section; and

(b) a payment is made of any warehouse declaration processing

charge or other charge or fee payable at the time of entry of,

or in respect of, the goods covered by the warehouse

declaration advice;

a Collector must:

(c) if the advice was given under subsection (2)—give the

person to whom the advice was given an authority, in

writing, to take the goods into warehousing; and

(d) if the advice was communicated electronically under

subsection (3)—communicate electronically, to the person to

whom the advice was communicated, an authority to take the

goods into warehousing.

(5) A Collector is not required to give or communicate an authority

under subsection (4) while the goods concerned are subject to a

direction referred to in subparagraph (2)(b)(ii) or (3)(c)(ii).

(6) If goods are authorised to be taken into warehousing, the authority

to deal, whether given by a document or electronically, must set

out:

(a) any condition of the kind referred to in subsection (7) to

which the authority is subject; and

(b) the date on which the authority is given; and

(c) such other information as is prescribed.

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Section 71DJ

176 Customs Act 1901

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(7) An authority to deal with goods may be expressed to be subject to

a condition that a specified permission for the goods to be dealt

with (however it is described) be obtained under another law of the

Commonwealth.

(8) If an authority to deal with goods is expressed to be subject to the

condition that a specified permission be obtained, the authority is

taken not to have been given until the permission has been

obtained.

(9) An officer may, at any time before goods authorised to be taken

into warehousing are so dealt with, cancel the authority:

(a) if the authority was given in respect of a documentary

declaration, by:

(i) signing a notice stating that the authority is cancelled

and setting out the reasons for the cancellation; and

(ii) serving a copy of the notice on the person who made the

declaration or, if that person does not have possession of

the goods, on the person who has possession of the

goods; or

(b) if the authority was given in respect of an electronic

declaration—by sending electronically, to the person who

made the declaration, a message stating that the authority is

cancelled and setting out the reasons for the cancellation.

(10) If, at any time before goods authorised to be taken into

warehousing are so dealt with, an officer has reasonable grounds to

suspect that the goods were imported into Australia in

contravention of any Customs-related law, the officer may suspend

the authority for a specified period:

(a) if the authority was given in respect of a documentary

declaration, by:

(i) signing a notice stating that the authority is so

suspended and setting out the reasons for the

suspension; and

(ii) serving a copy of the notice on the person who made the

declaration or, if that person does not have possession of

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the goods, on the person who has possession of the

goods; or

(b) if the authority was given in respect of an electronic

declaration—by sending electronically, to the person who

made the declaration, a message stating that the authority is

so suspended and setting out the reasons for the suspension.

(11) If, during the suspension under subsection (10) of an authority, an

officer becomes satisfied that there are no longer reasonable

grounds to suspect that the goods were imported into Australia in

contravention of a Customs-related law, the officer must revoke the

suspension:

(a) if the authority was given in respect of a documentary

declaration, by:

(i) signing a notice stating that the suspension is revoked;

and

(ii) serving a copy of the notice on the person to whom the

notice of the suspension was given; or

(b) if the authority was given in respect of an electronic

declaration—by sending electronically, to the person to

whom the message notifying the suspension was sent, a

message stating that the suspension is revoked.

(12) A cancellation or suspension of an authority, or a revocation of a

suspension of an authority, has effect from the time when the

relevant notice is served or the relevant message is sent, as the case

may be.

71DK Visual examination in presence of officer

(1) If a person who is permitted or required to make a warehouse

declaration in respect of goods to which section 68 applies does not

have the information to complete the declaration, the person may

apply to the Department, by document or electronically, for

permission to examine the goods in the presence of an officer.

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Section 71DL

178 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(2) A documentary application must be communicated to the

Department by giving it to an officer doing duty in relation to

warehouse declarations.

(3) When an application is given to an officer under subsection (2) or

is sent electronically, an officer must, by writing or by message

sent electronically, give the applicant permission to examine the

goods on a day and at a place specified in the notice.

(4) A person who has received a permission may examine the goods in

accordance with the permission in the presence of an officer.

71DL An officer may seek additional information

(1) Without limiting the information that may be required to be

included in a warehouse declaration, if a warehouse declaration has

been made in respect of goods, authority to deal with the goods

may be refused until an officer doing duty in relation to warehouse

declarations:

(a) has verified particulars of the goods shown in the warehouse

declaration; or

(b) is satisfied of any other matter that may be relevant to the

granting of an authority to deal.

(2) If an officer doing duty in relation to warehouse declarations

believes, on reasonable grounds, that the owner of goods to which

a warehouse declaration relates has custody or control of

commercial documents, or has, or can obtain, information, relating

to the goods that will assist the officer to determine whether this

Act has been or is being complied with in respect of the goods, the

officer may require the owner:

(a) to deliver to the officer the commercial documents in respect

of the goods that are in the owner’s custody or control

(including any such documents that had previously been

delivered to an officer and had been returned to the owner);

or

(b) to deliver to the officer such information, in writing, relating

to the goods (being information of a kind specified in the

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Customs Act 1901 179

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notice) as is within the knowledge of the owner or as the

owner is reasonably able to obtain.

(3) A documentary requirement for the delivery of documents or

information in respect of a warehouse declaration must:

(a) be communicated to the person by whom, or on whose

behalf, the declaration was communicated; and

(b) be in an approved form and contain such particulars as the

form requires.

(4) An electronic requirement for the delivery of documents or

information in respect of a warehouse declaration must:

(a) be communicated electronically to the person who made the

declaration; and

(b) contain such particulars as are set out in an approved

statement.

(5) An officer doing duty in relation to warehouse declarations may

ask:

(a) the owner of goods in respect of which a warehouse

declaration has been made; and

(b) if another person made the declaration on behalf of the

owner—that other person;

any questions relating to the goods.

(6) If an officer doing duty in relation to warehouse declarations

believes, on reasonable grounds, that the owner of goods to which

a warehouse declaration relates has custody or control of

commercial documents, or has, or can obtain, information, relating

to the goods that will assist the officer to verify the particulars

shown in the warehouse declaration, the officer may require the

owner to produce the documents or supply the information to the

officer.

(7) If:

(a) the owner of goods has been required to deliver documents or

information in relation to the goods under subsection (2); or

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180 Customs Act 1901

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(b) the owner of, or the person making a warehouse declaration

in respect of, goods has been asked a question in respect of

the goods under subsection (5); or

(c) the owner of goods has been required to verify a matter in

respect of the goods under subsection (6);

authority to deal with the relevant goods in accordance with the

declaration must not be granted unless:

(d) the requirement referred to in paragraph (a) has been

complied with or withdrawn; or

(e) the question referred to in paragraph (b) has been answered

or withdrawn; or

(f) the requirement referred to in paragraph (c) has been

complied with or withdrawn, or a security has been taken for

compliance with the requirement;

as the case requires.

(8) Subject to section 215, if a person delivers a commercial document

to an officer doing duty in relation to warehouse declarations under

this section, the officer must deal with the document and then

return it to the person.

Subdivision E—General

71E Application for movement permission

(1) Where particular goods, or goods of a particular kind, are, or after

their importation will be, subject to customs control, application

may be made to the Department, by document or electronically, in

accordance with this section, for permission to move those goods,

or goods of that kind, or to move them after their importation, to a

place specified in the application.

(2) A documentary movement application must:

(a) be made by the owner of the goods concerned; and

(b) be communicated to the Department by giving it to an officer

doing duty in relation to import entries or to the movement of

goods subject to customs control.

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Section 71E

Customs Act 1901 181

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(2A) If:

(a) the goods are goods to which section 68 applies; and

(b) the goods have not been entered for home consumption or

warehousing; and

(c) subsection (2C) does not apply to the goods;

a movement application may be made only by:

(d) for goods carried on board a ship or aircraft—the operator of

the ship or aircraft, a cargo reporter in relation to the goods,

or a stevedore or depot operator who has, or intends to take,

possession of the goods; or

(e) for goods that are a ship or aircraft and that are not carried on

board a ship or aircraft—the owner of the goods.

(2B) A movement application under subsection (2A) must be made

electronically.

(2C) This subsection applies to goods if:

(a) the goods are:

(i) accompanied by, and described in, temporary admission

papers issued in accordance with an agreement between

Australia and one or more other countries that provides

for the temporary importation of goods without payment

of duty; or

(ii) subject to an application under section 162AA for

permission to take delivery of goods; and

(b) neither of the following applies:

(i) the Comptroller-General of Customs has refused to

accept a security or undertaking under section 162A in

relation to the goods;

(ii) a Collector has refused to grant permission under

section 162A to take delivery of the goods.

(3) If a movement application is duly communicated to the

Department, subsections (3AA) and (3AB) apply.

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Section 71E

182 Customs Act 1901

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(3AA) An officer may direct the applicant to ensure that the goods are

held in the place where they are currently located until the decision

is made on the application.

(3AB) If a direction is not given under subsection (3AA), or a reasonable

period has elapsed since the giving of such a direction to enable the

making of an informed decision on the application, an officer must:

(a) if the application is a document movement application—by

notice in writing to the applicant; or

(b) if the application is an electronic movement application—by

sending a message electronically to the applicant;

do either of the following:

(c) give the applicant permission to move the goods to which the

application relates in accordance with the application either

unconditionally or subject to such conditions as are specified

in the notice or message;

(d) refuse the application and set out in the notice or message the

reasons for the refusal.

(3B) If a person moves goods otherwise than in accordance with the

requirement of a permission to which the goods relate, the

movement of the goods is, for the purposes of paragraph 229(1)(g),

taken not to have been authorised by this Act.

(3C) If a cargo report states that goods specified in the report are

proposed to be moved from a Customs place to another Customs

place, then, despite section 71L, the statement is taken to be a

movement application in respect of the goods duly made under this

section.

(3D) In subsection (3C):

Customs place has the meaning given by subsection 183UA(1).

(4) Where goods are moved to a place other than a warehouse in

accordance with a permission under subsection (3), an officer of

Customs may, at any time while the goods remain under customs

control, direct in writing that they be moved from that place to a

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Section 71F

Customs Act 1901 183

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warehouse specified in the direction within a period specified in

the direction.

(5) If goods are not moved in accordance with such a direction, an

officer of Customs may arrange for the goods to be moved to the

warehouse specified in the direction or to any other warehouse.

(6) Where an officer of Customs has arranged for goods to be moved

to a warehouse, the Commonwealth has a lien on the goods for any

expenses incurred in connection with their removal to the

warehouse and for any warehouse rent and charges incurred in

relation to the goods.

71F Withdrawal of import entries

(1) At any time after an import entry is communicated to the

Department and before the goods to which it relates are dealt with

in accordance with the entry, a withdrawal of the entry may be

communicated to the Department by document or electronically.

(2) If, at any time after a person has communicated an import entry to

the Department and before the goods are dealt with in accordance

with the entry, the person changes information included in the

entry, the person is taken, at the time when the import entry advice

is given or communicated in respect of the altered entry, to have

withdrawn the entry as it previously stood.

(3) A documentary withdrawal of an import entry must:

(a) be communicated by the person by whom, or on whose

behalf, the entry was communicated; and

(b) be communicated to the Department by giving it to an officer

doing duty in relation to import entries.

(5) A withdrawal of an import entry has no effect during any period

while a requirement under subsection 71DA(2) or (6) or 71DL(2)

or (6) in respect of the goods to which the entry relates has not

been complied with.

(6) A withdrawal of an import entry is effected when it is, or is taken

under section 71L to have been, communicated to the Department.

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Section 71G

184 Customs Act 1901

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(7) If:

(a) an import entry is communicated to the Department; and

(b) any duty, fee, charge or tax in respect of goods covered by

the entry remains unpaid in respect of the goods concerned

for 30 days starting on:

(i) the day on which the import entry advice relating to the

goods is communicated; or

(ii) if under subsection 132AA(1) the duty is payable by a

time worked out under the regulations—the day on

which that time occurs; and

(c) after that period ends, the Comptroller-General of Customs

gives written notice to the owner of the goods requiring

payment of the unpaid duty, fee, charge or tax (as

appropriate) within a further period set out in the notice; and

(d) the unpaid duty, fee, charge or tax (as appropriate) is not paid

within the further period;

the import entry is taken to have been withdrawn under

subsection (1).

71G Goods not to be entered while an entry is outstanding

(1) If goods have been entered for home consumption under

subsection 68(2) or (3), a person must not communicate a further

import declaration or a warehouse declaration in respect of the

goods or any part of the goods unless the import declaration that

resulted in the goods being entered for home consumption is

withdrawn.

Penalty: 60 penalty units.

(2) An offence for a contravention of subsection (1) is an offence of

strict liability.

71H Effect of withdrawal

(1) When a withdrawal of an import entry in respect of goods takes

effect, any authority to deal with the goods is revoked.

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Section 71J

Customs Act 1901 185

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(2) Despite the withdrawal:

(a) a person may be prosecuted under Division 4 of Part XIII, or

an infringement notice may be given to a person, in respect

of the import entry; and

(b) a penalty may be imposed on a person who is convicted of an

offence in respect of the import entry;

as if it had not been withdrawn.

(3) The withdrawal of a documentary import declaration or of a

documentary warehouse declaration does not entitle the person

who communicated it to have it returned.

71J Annotation of import entry by Collector for certain purposes

not to constitute withdrawal

Any annotation of an import entry that is made by a Collector as a

result of the acceptance by a Collector of an application for a

refund or rebate of all or a part of the duty paid, or for a remission

of all or part of the duty payable, on goods covered by the entry, is

not to be taken to constitute a withdrawal of the entry for the

purposes of this Act.

71K Manner of communicating with Department by document

(1) An import entry, a withdrawal of an import entry, a visual

examination application, a movement application, or a return for

the purposes of subsection 69(8) or 70(7) or section 105C, that is

communicated to the Department by document:

(a) must be in an approved form; and

(b) must contain such information as the approved form requires;

and

(c) must be signed in the manner indicated in the approved form.

(2) The Comptroller-General of Customs may approve different forms

for documentary communications to be made in different

circumstances or by different classes of persons.

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Section 71L

186 Customs Act 1901

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71L Manner and effect of communicating with Department

electronically

(1) An import entry, a withdrawal of an import entry, a visual

examination application, a movement application, or a return for

the purposes of subsection 69(8) or 70(7) or section 105C that is

communicated to the Department electronically must communicate

such information as is set out in an approved statement.

(2) The Comptroller-General of Customs may approve different

statements for electronic communications to be made in different

circumstances or by different classes of persons.

(3) For the purposes of this Act, an import entry, a withdrawal of an

import entry or a return for the purposes of subsection 69(8) or

70(7) or section 105C, is taken to have been communicated to the

Department electronically when an import entry advice, or an

acknowledgment of the withdrawal or the return, is communicated

by a Collector electronically to the person identified in the import

entry, withdrawal or return as the person sending it.

(4) A movement application that is communicated to the Department

electronically must communicate such information as is set out in

an approved statement.

(5) For the purposes of this Act, a movement application is taken to

have been communicated to the Department electronically when an

acknowledgment of the application is communicated by a Collector

electronically to the person identified in the application as the

person sending it.

71M Requirements for communicating to Department electronically

A communication that is required or permitted by this Division to

be made to the Department electronically must:

(a) be signed by the person who makes it (see

paragraph 126DA(1)(c)); and

(b) otherwise meet the information technology requirements

determined under section 126DA.

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72 Failure to make entries

(1) Where:

(a) imported goods are required to be entered; and

(b) an entry is not made in respect of the goods within such

period commencing on the importation of the goods as is

prescribed, or any further period allowed by a Collector;

a Collector may cause or permit the goods to be removed to a

warehouse or such other place of security as the Collector directs

or permits.

(2) Where goods that have been, or may be, removed under

subsection (1) are live animals or are of a perishable or hazardous

nature and a Collector considers it expedient to do so without

delay, the Collector may sell, or otherwise dispose of, the goods.

(3) A Collector has a lien on goods for any expenses incurred by him

or her in connection with their removal under subsection (1) and

for any warehouse rent or similar charges incurred in relation to the

goods.

(4) Where:

(a) goods (other than goods to which subsection (2) applies)

have been, or may be, removed under subsection (1); and

(b) all things that are required to be done to enable authority to

deal with the goods to be given, including the making of an

entry in respect of the goods, are not done within:

(i) if the goods have been removed—such period as is

prescribed commencing on the removal of the goods; or

(ii) if the goods have not been removed—such period as is

prescribed commencing on the expiration of the period

applicable under paragraph (1)(b) in relation to the

goods;

a Collector may sell, or otherwise dispose of, the goods.

(5) A period prescribed for the purposes of subsection (1) or

subparagraph (4)(b)(i) or (ii) may be a period prescribed in relation

to all goods or in relation to goods in a class of goods.

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Section 73

188 Customs Act 1901

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73 Breaking bulk

(1) Subject to subsections (2B) and (3), a person shall not break the

bulk cargo of a ship arriving in, or on a voyage to, Australia while

the ship is within waters of the sea within the outer limits of the

territorial sea of Australia, including such waters within the limits

of a State or an internal Territory.

Penalty: 250 penalty units.

(2) Subject to subsections (2B) and (3), a person shall not break the

bulk cargo of an aircraft arriving in, or on a flight to, Australia

while the aircraft is:

(a) flying over Australia; or

(b) in, or flying over, waters of the sea within the outer limits of

the territorial sea of Australia.

Penalty: 250 penalty units.

(2A) Subsections (1) and (2) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(2B) Subsections (1) and (2) do not apply if the person has the

permission of a Collector.

(3) Subsections (1) and (2) do not apply in respect of goods authority

to deal with which has been given under section 71B.

74 Officer may give directions as to storage or movement of certain

goods

(1) If an officer has reasonable grounds to suspect that a report of the

cargo made in respect of a ship or aircraft:

(a) has not included particular goods that are intended to be

unloaded from the ship or aircraft at a port or airport in

Australia; or

(b) has incorrectly described particular goods;

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the officer may give written directions to the cargo reporter as to

how and where the goods are to be stored, and as to the extent (if

any) to which the goods may be moved.

(2) An officer who has given a written direction under subsection (1)

may, by writing, cancel the direction if the officer is satisfied that a

report of the cargo made in respect of the ship or aircraft has

included, or correctly described, as the case may be, the goods.

(3) If an officer has reasonable grounds to suspect that particular goods

in the cargo that is to be, or has been, unloaded from a ship or

aircraft are prohibited goods, the officer may give written

directions to:

(a) the cargo reporter; or

(b) the stevedore or depot operator whose particulars have been

communicated to the Department by the operator of the ship

or aircraft under section 64AAC;

as to how and where the goods are to be stored, and as to the extent

(if any) to which the goods may be moved.

(4) An officer who has given a written direction under subsection (3)

may, by writing, cancel the direction if the officer is satisfied that

the cargo does not contain prohibited goods.

(5) A person who intentionally contravenes a direction given to the

person under subsection (1) or (3) commits an offence punishable,

on conviction, by a penalty not exceeding 120 penalty units.

(6) A person who contravenes a direction given to the person under

subsection (1) or (3) commits an offence punishable, on

conviction, by a penalty not exceeding 60 penalty units.

(7) An offence against subsection (6) is an offence of strict liability.

76 Goods landed at ship’s risk etc.

Goods unshipped shall be placed by and at the expense of the

master or owner of the ship or the pilot or owner of the aircraft

from which they were unshipped in a place of security approved by

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Section 77

190 Customs Act 1901

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the Collector, and shall until lawfully removed therefrom be at the

risk of the master or owner of the ship or the pilot or owner of the

aircraft as if they had not been unshipped.

77 Repacking on wharf

Any goods may by authority be repacked or skipped on the wharf.

77AA Disclosure of information to cargo reporter or owner of goods

(1) If a cargo reporter in relation to goods that are on a ship or aircraft

on a voyage or flight to a place in Australia requests a Collector to

inform the cargo reporter:

(a) whether a report of the impending arrival of the ship or

aircraft has been made and, if so, the estimated time of arrival

specified in the report; or

(b) whether a report of the arrival of the ship or aircraft has been

made and, if so, the time of arrival;

a Collector may comply with the request.

(2) If goods have been entered for home consumption or warehousing,

a Collector may, at the request of the owner of the goods, inform

the owner of the stage reached by a Collector in deciding whether

or not to give an authority to deal with the goods.

(3) If a movement application has been made in respect of goods, a

Collector may, at the request of the owner of the goods, inform the

owner of the stage reached by a Collector in its consideration of the

application.

(4) If goods have been entered for export by the making of an export

declaration, a Collector may, at the request of the owner of the

goods, inform the owner of the stage reached by a Collector in

deciding whether or not to give an authority to deal with the goods.

(5) If a submanifest in respect of goods has been sent to the

Department under section 117A, a Collector may, at the request of

the owner of the goods, inform the owner of the stage reached by a

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Collector in preparing to give a submanifest number in respect of

the submanifest.

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Part IV The importation of goods

Division 5 Detention of goods in the public interest

Section 77EA

192 Customs Act 1901

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Division 5—Detention of goods in the public interest

77EA Minister may order goods to be detained

(1) The Minister may, if the Minister considers that it is in the public

interest to do so, order a Collector to detain the goods specified in

the Minister’s order.

(2) At the time an order is made to detain goods:

(a) the goods must be goods the importation of which is

restricted by the Customs (Prohibited Imports)

Regulations 1956; and

(b) the goods must have been imported into Australia; and

(c) the importation of the goods must not breach this Act; and

(d) the goods must not have been:

(i) delivered into home consumption in accordance with an

authority to deal with the goods; or

(ii) exported from Australia.

(3) An order to detain goods has effect despite any provision of this

Act to the contrary.

77EB Notice to person whose goods are detained

If the Minister orders goods to be detained, the Minister must, as

soon as practicable after making the order, give written notice of

the order to:

(a) the owner of the goods; or

(b) if the owner of the goods cannot be identified after

reasonable inquiry—the person in whose possession or under

whose control the goods were at the time the order was

given.

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Section 77EC

Customs Act 1901 193

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

77EC Detention of goods by Collector

If the Minister orders a Collector to detain goods under

section 77EA, a Collector must:

(a) move the goods to a place that is approved by a Collector for

the purpose of detaining goods under this Subdivision (unless

the goods are already in such a place); and

(b) detain the goods in that place until the goods are dealt with

under section 77ED, 77EE or 77EF.

77ED Minister may authorise delivery of detained goods into home

consumption

(1) On application by the owner of goods detained under

section 77EC, the Minister may authorise the delivery of the goods,

or so much of the goods as the Minister specifies in the authority,

into home consumption.

(2) An authority is subject to any conditions, or other requirements,

specified in the authority in relation to the goods.

(3) An application under subsection (1) must be made before the end

of the period of 12 months after the date of the order.

(4) The owner of goods authorised to be taken into home consumption

under subsection (1) must comply with any other provision of this

Act in relation to taking goods into home consumption.

77EE Minister may authorise export of detained goods

(1) On application by the owner of goods detained under

section 77EC, the Minister may authorise the exportation of the

goods, or so much of the goods as the Minister specifies in the

authority, from Australia.

(2) An authority is subject to any conditions, or other requirements,

specified in the authority in relation to the goods.

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Part IV The importation of goods

Division 5 Detention of goods in the public interest

Section 77EF

194 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(3) An application under subsection (1) must be made before the end

of the period of 12 months after the date of the order.

(4) The owner of goods authorised to be exported under subsection (1)

must comply with any other provision of this Act in relation to

exporting goods.

77EF When goods have been detained for 12 months

Goods to be exported or disposed of

(1) This section applies if, at the end of the period of 12 months after

an order to detain goods is given, some or all of the goods (the

remaining goods) have not been:

(a) delivered into home consumption in accordance with an

authority given under section 77ED; or

(b) exported in accordance with an authority given under

section 77EE.

(2) The Minister may grant an authority to export the remaining goods

from Australia.

(3) The owner of goods authorised to be exported under subsection (2)

must comply with any other provision of this Act in relation to

exporting goods.

(4) If:

(a) the Minister does not grant an authority to export the

remaining goods from Australia within 1 month of the end of

the period of 12 months after the date of the order; or

(b) the remaining goods have not been exported from Australia

within 2 months after the date of an authority to export the

goods under subsection (2);

the Minister must authorise a Collector to dispose of the goods in

the manner the Minister considers appropriate.

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The importation of goods Part IV

Detention of goods in the public interest Division 5

Section 77EF

Customs Act 1901 195

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Compensation for detained goods

(5) Nothing in this section prevents a person from seeking

compensation in relation to the remaining goods, or other goods

ordered to be detained under this Subdivision, in accordance with

section 4AB.

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Part IVA Depots

Section 77F

196 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Part IVA—Depots

77F Interpretation

(1) In this Part:

Australia Post means the Australian Postal Corporation.

depot, in relation to a depot licence, means the place to which the

licence relates.

depot licence means a licence granted under section 77G and

includes such a licence that has been renewed under section 77T.

depot licence application charge means the depot licence

application charge imposed by the Customs Licensing Charges Act

1997 and payable as set out in section 77H.

depot licence charge means the depot licence charge imposed by

the Customs Licensing Charges Act 1997 and payable as set out in

section 77U.

depot licence variation charge means the depot licence variation

charge imposed by the Customs Licensing Charges Act 1997 and

payable as set out in section 77LA of this Act.

International Mail Centre means a place approved in an

instrument under subsection (1A) as a place for the examination of

international mail.

place includes an area, a building and a part of a building.

receptacle means a shipping or airline container, a pallet or other

similar article.

(1A) For the purposes of the definition of International Mail Centre in

subsection (1), the Comptroller-General of Customs may, by

writing, approve a place as a place for the examination of

international mail.

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Section 77G

Customs Act 1901 197

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(2) A reference in this Part to a conviction of a person of an offence

includes a reference to the making of an order under section 19B of

the Crimes Act 1914, or under a corresponding provision of a law

of a State, a Territory or a foreign country, in relation to a person in

respect of an offence.

Note: Section 19B of the Crimes Act 1914 empowers a court that has found

a person to have committed an offence to take action without

proceeding to record a conviction.

(3) Nothing in this Part affects the operation of Part VIIC of the

Crimes Act 1914 (which includes provisions relieving persons from

requirements to disclose spent convictions).

77G Depot licences

(1) Subject to this Part, the Comptroller-General of Customs may, on

an application made by a person or partnership in accordance with

section 77H, grant the person or partnership a licence in writing, to

be known as a depot licence, to use a place described in the licence

for any one or more of the following purposes:

(a) the holding of imported goods that are subject to customs

control under section 30;

(b) the unpacking of goods referred to in paragraph (a) from

receptacles;

(c) the holding of goods for export that are subject to customs

control under section 30;

(d) the packing of goods referred to in paragraph (c) into

receptacles;

(e) the examination of goods referred to in paragraph (a) or (c)

by officers of Customs.

(2) A depot licence may be granted:

(a) in relation to all the purposes referred to in subsection (1) or

only to a particular purpose or purposes referred to in

subsection (1) as specified in the licence; and

(b) in relation to goods generally or to goods of a specified class

or classes as specified in the licence.

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Part IVA Depots

Section 77H

198 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

77H Application for a depot licence

(1) An application for a depot licence to cover a place must be made

by a person or partnership who would occupy and control the place

as a depot if the licence were granted.

(2) The application must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain such information as the form requires; and

(d) be signed in the manner indicated in the form; and

(e) subject to subsection (3), be accompanied by a depot licence

application charge.

(3) If Australia Post makes an application under this section for the

whole or a part of an International Mail Centre to be covered by a

depot licence, it is not liable to pay the depot licence application

charge under subsection (2).

77J Comptroller-General of Customs may require applicant to

supply further information

(1) The Comptroller-General of Customs may, by written notice given

to an applicant for a depot licence, require the applicant to supply

further information in relation to the application within the period

that is specified in the notice.

(2) The Comptroller-General of Customs may extend the specified

period if the applicant, in writing, requests the

Comptroller-General of Customs to do so.

(3) If the applicant:

(a) fails to supply the further information within the specified

period, or that period as extended under subsection (2); but

(b) supplies the information at a subsequent time;

the Comptroller-General of Customs must not take the information

into account in determining whether to grant the depot licence.

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Section 77K

Customs Act 1901 199

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

77K Requirements for grant of depot licence

(1) The Comptroller-General of Customs must not grant a depot

licence if, in his or her opinion:

(a) if the applicant is a natural person—the applicant is not a fit

and proper person to hold a depot licence; or

(b) if the applicant is a partnership—any of the partners is not a

fit and proper person to be a member of a partnership holding

a depot licence; or

(c) if the applicant is a company—any director, officer or

shareholder of a company who would participate in the

management or control of the place proposed to be covered

by the licence (the proposed depot) is not a fit and proper

person so to participate; or

(d) an employee of the applicant who would participate in the

management or control of the proposed depot is not a fit and

proper person so to participate; or

(e) if the applicant is a company—the company is not a fit and

proper company to hold a depot licence; or

(f) if the applicant is a natural person or a company—the

applicant would not be in a position to occupy and control

the proposed depot if the licence were granted; or

(g) if the applicant is a partnership—none of the members of the

partnership would be in a position to occupy and control the

proposed depot if the licence were granted; or

(h) the physical security of the proposed depot is not adequate

having regard to:

(i) the nature of the place; or

(ii) the procedures and methods that would be adopted by

the applicant to ensure the security of goods in the

proposed depot if the licence were granted; or

(i) the records that would be kept in relation to the proposed

depot would not be suitable to enable an officer of Customs

adequately to audit those records.

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Part IVA Depots

Section 77K

200 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(2) The Comptroller-General of Customs must, in deciding whether a

person is a fit and proper person for the purposes of

paragraph (1)(a), (b), (c) or (d), have regard to:

(a) any conviction of the person of an offence against this Act

committed within the 10 years immediately before that

decision; and

(b) any conviction of the person of an offence against another

law of the Commonwealth, or a law of a State or of a

Territory, that is punishable by imprisonment for one year or

longer, being an offence committed within the 10 years

immediately before that decision; and

(c) whether the person is an insolvent under administration; and

(d) any misleading statement made under section 77H or 77J in

relation to the application for the licence by or in relation to

the person; and

(e) if any such statement made by the person was false—whether

the person knew that the statement was false; and

(f) whether the person has been refused a transport security

identification card, or has had such a card suspended or

cancelled, within the 10 years immediately before the

decision.

(3) The Comptroller-General of Customs must, in deciding whether a

company is a fit and proper company for the purposes of

paragraph (1)(e), have regard to:

(a) any conviction of the company of an offence against this Act

committed within the 10 years immediately before that

decision and at a time when any person who is presently a

director, officer or shareholder of the company was a

director, officer or shareholder of the company; and

(b) any conviction of the company of an offence against another

law of the Commonwealth, or a law of a State or of a

Territory, that is punishable by a fine of $5,000 or more,

being an offence committed within the 10 years immediately

before that decision and at a time when a person who is

presently a director, officer or shareholder of the company

was a director, officer or shareholder of the company; and

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Section 77L

Customs Act 1901 201

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(c) whether a receiver of the property, or part of the property, of

the company has been appointed; and

(d) whether the company is under administration within the

meaning of the Corporations Act 2001; and

(e) whether the company has executed under Part 5.3A of that

Act a deed of company arrangement that has not yet

terminated; and

(g) whether the company is being wound up.

(4) The Comptroller-General of Customs may refuse to grant a depot

licence if, in his or her opinion, the place in relation to which the

licence is sought would be too remote from the nearest place where

officers of Customs regularly perform their functions for those

officers to be able to conveniently check whether the Customs Acts

are being complied with at the place.

(5) If the place in relation to which the application for a depot licence

is sought (the proposed depot) is proposed to be used as a depot for

imported goods, the Comptroller-General of Customs must not

grant the licence unless the applicant has, at the proposed depot,

facilities that would enable the applicant to communicate with the

Department electronically.

77L Granting of a depot licence

(1) The Comptroller-General of Customs must decide whether or not

to grant a depot licence within 60 days after:

(a) if paragraph (b) does not apply—the receipt of the

application for the licence; or

(b) if the Comptroller-General of Customs requires further

information relating to the application to be supplied by the

applicant under section 77J and the applicant supplied the

information in accordance with that section—the receipt of

the information.

(2) If the Comptroller-General of Customs has not made a decision

whether or not to grant a depot licence within 60 days under

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Part IVA Depots

Section 77LA

202 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

subsection (1), the Comptroller-General of Customs is taken to

have refused the application.

77LA Variation of places covered by depot licence

(1) The Comptroller-General of Customs may, on application by the

holder of a depot licence, vary the licence by:

(a) omitting the description of the place that is currently

described in the licence and substituting a description of

another place; or

(b) altering the description of the place that is currently described

in the licence.

(2) The application must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain such information as the form requires; and

(d) be signed in the manner indicated in the form; and

(e) be accompanied by payment of the depot licence variation

charge.

(3) The Comptroller-General of Customs may, by written notice given

to an applicant for the variation of a depot licence, require the

applicant to supply further information in relation to the

application within the period that is specified in the notice or

within such further period as the Comptroller-General of Customs

allows.

(4) The Comptroller-General of Customs must not grant an application

for the substitution of the description of a place not currently

described in the licence, or for the alteration to the description of a

place currently described in the licence, if, in his or her opinion:

(a) the physical security of the place whose description is to be

substituted, or of the place that would have the altered

description, as the case may be, would not be adequate

having regard to:

(i) the nature of the place; or

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Section 77N

Customs Act 1901 203

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(ii) the procedures and methods that would be adopted by

the applicant to ensure the security of goods in the place

if the variation were made; or

(b) the records that would be kept in relation to the place would

not be suitable to enable an officer of Customs adequately to

audit those records.

(5) The Comptroller-General of Customs must not grant an application

for the substitution of the description of a place not currently

described in the licence if, in his or her opinion, the place would be

too remote from the nearest place where officers of Customs

regularly perform their functions for those officers to be able to

conveniently check whether the Customs Acts are being complied

with at the place.

(6) The Comptroller-General of Customs must decide whether or not

to grant the application within 60 days after:

(a) if paragraph (b) does not apply—the receipt of the

application; or

(b) if the Comptroller-General of Customs requires further

information relating to the application to be supplied by the

applicant under subsection (3) and the applicant supplied the

information in accordance with that subsection—the receipt

of the information.

(7) If the Comptroller-General of Customs has not made the decision

whether or not to grant the application within the period applicable

under subsection (6), the Comptroller-General of Customs is taken

to have refused the application.

77N Conditions of a depot licence—general

(1) A depot licence is subject to the conditions set out in

subsections (2) to (10).

(2) The holder of a licence must, within 30 days after the occurrence

of an event referred to in any of the following paragraphs, give the

Comptroller-General of Customs particulars in writing of that

event:

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Section 77N

204 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) a person not described in the application for the licence as

participating in the management or control of the depot

commences so to participate;

(b) in the case of a licence held by a partnership—there is a

change in the membership of the partnership;

(c) in the case of a licence held by a company:

(i) the company is convicted of an offence of a kind

referred to in paragraph 77K(3)(a) or (b); or

(ii) a receiver of the property, or part of the property, of the

company is appointed; or

(iii) an administrator of the company is appointed under

section 436A, 436B or 436C of the Corporations Act

2001; or

(iv) the company executes a deed of company arrangement

under Part 5.3A of that Act;

(d) a person who participates in the management or control of

the depot, the holder of the licence or, if a licence is held by a

partnership, a member of the partnership:

(i) is convicted of an offence referred to in

paragraph 77K(2)(a) or (b); or

(ii) becomes an insolvent under administration; or

(iii) has been refused a transport security identification card,

or has had such a card suspended or cancelled, within

the applicable period referred to in paragraph 77V(2)(e).

(2A) The holder of a licence must not cause or permit a substantial

change to be made in:

(a) a matter affecting the physical security of the depot; or

(b) the keeping of records in relation to the depot;

unless the holder has given to the Comptroller-General of Customs

30 days’ notice of the proposed change.

(3) The holder of the licence must pay to the Commonwealth any

prescribed travelling expenses payable by the holder under the

regulations in relation to travelling to and from the depot by a

Collector for the purposes of the Customs Acts. For that purpose,

the regulations may prescribe particular rates of travelling expenses

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Section 77N

Customs Act 1901 205

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

in relation to particular circumstances concerning travelling to and

from a depot by a Collector for the purposes of the Customs Acts.

(4) The holder of the licence must stack and arrange goods in the depot

so that authorised officers have reasonable access to, and are able

to examine, the goods.

(5) The holders of the licence must provide authorised officers with:

(a) adequate space and facilities for the examination of goods in

the depot; and

(b) secure storage space for holding those goods.

(6) The holder of the licence must, when requested to do so, allow an

authorised officer to enter and remain in the depot to examine

goods:

(a) which are subject to customs control; or

(b) which an authorised officer has reasonable grounds to believe

are subject to customs control.

(7) The holder of the licence must, when requested to do so, provide

an authorised officer with information, which is in the holder’s

possession or within the holder’s knowledge, in relation to

determining whether or not goods in the depot are subject to

customs control.

(8) The holder of the licence must retain all commercial records and

records created in accordance with the Customs Acts that:

(a) relate to goods received into a depot; and

(b) come into the possession or control of the holder of the

licence;

for 5 years beginning on the day on which the goods were received

into the depot.

(9) The holder of the licence must keep the records referred to in

subsection (8) at:

(a) the depot; or

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Part IVA Depots

Section 77P

206 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) if the holder has notified the Department in writing of the

location of any other places occupied and controlled by the

holder where the records are to be kept—those other places.

(10) At any reasonable time within the 5 years referred to in

subsection (8), the holder of the licence must, when requested to do

so:

(a) permit an authorised officer:

(i) to enter and remain in a place that is occupied and

controlled by the holder and which the officer has

reasonable grounds to believe to be a place where

records referred to in subsection (8) are kept; and

(ii) to have full and free access to any such records in that

place; and

(iii) to inspect, examine, make copies of, or take extracts

from any such records in that place; and

(b) provide the officer with all reasonable facilities and

assistance for the purpose of doing all of the things referred

to in subparagraphs (a)(i) to (iii) (including providing access

to any electronic equipment in the place for those purposes).

(11) The holder of the licence is not obliged to comply with a request

referred to in subsection (6), (7) or (10) unless the request is made

by a person who produces written evidence of the fact that the

person is an authorised officer.

77P Conditions of a depot licence—imported goods

(1) If imported goods were received into a depot during a particular

month, it is a condition of the licence that the holder of the licence

must:

(a) if paragraph (b) does not apply—cause the removal of those

goods into a warehouse before the end of the following

month; or

(b) if the Comptroller-General of Customs, on written request by

the holder made before the end of that following month,

grants an extension under this section—cause the removal of

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Section 77Q

Customs Act 1901 207

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

the goods into a warehouse within 30 days after the end of

that following month.

(2) In this section:

month means month of a year.

77Q Comptroller-General of Customs may impose additional

conditions to which a depot licence is subject

Imposition of additional conditions

(1) The Comptroller-General of Customs may, at any time, impose

additional conditions to which a depot licence is subject if the

Comptroller-General of Customs considers the conditions to be

necessary or desirable:

(a) for the protection of the revenue; or

(b) for the purpose of ensuring compliance with the Customs

Acts, any other law of the Commonwealth prescribed by the

regulations or a law of a State or Territory prescribed by the

regulations; or

(c) for any other purpose.

(1A) If the Comptroller-General of Customs imposes conditions under

subsection (1) when granting the depot licence, the

Comptroller-General of Customs must specify the conditions in the

licence.

(1B) If the Comptroller-General of Customs imposes conditions under

subsection (1) after the depot licence has been granted:

(a) the Comptroller-General of Customs must, by written notice

to the holder of the licence, notify the holder of the

conditions; and

(b) the conditions cannot take effect before:

(i) the end of 30 days after the giving of the notice; or

(ii) if the Comptroller-General of Customs considers that it

is necessary for the conditions to take effect earlier—the

end of a shorter period specified in the notice.

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Section 77R

208 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Variation of imposed conditions

(2) The Comptroller-General of Customs may, by written notice to the

holder of the licence, vary conditions imposed under subsection (1)

in relation to that licence.

(3) A variation under subsection (2) cannot take effect before:

(a) the end of 30 days after the giving of the notice under that

subsection; or

(b) if the Comptroller-General of Customs considers that it is

necessary for the variation to take effect earlier—the end of a

shorter period specified in the notice given under that

subsection.

77R Breach of conditions of depot licence

(1) The holder of a depot licence must not breach a condition of the

licence set out in section 77N or 77P, or a condition imposed under

section 77Q (including a condition varied under that section).

Penalty: 60 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) Subsection (1) does not apply if a breach of a condition of the

depot licence occurs only as a result of the holder’s compliance, or

attempted compliance, with:

(a) a direction given under section 21 of the Aviation Transport

Security Act 2004 that applies to the holder; or

(b) a special security direction (within the meaning of section 9

of that Act) that applies to the holder.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (3) (see subsection 13.3(3) of the Criminal Code).

77S Duration of depot licences

Subject to this Part, a depot licence:

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Section 77T

Customs Act 1901 209

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) comes into force on a date specified in the licence; and

(b) remains in force until the end of the 30 June next following

the grant of the licence;

but may be renewed under section 77T.

Note: Section 77T provides that a licence may continue to be in force for a

further period of 90 days after the 30 June referred to in this section

under certain circumstances. Another provision that might affect the

operation of this section is section 77VC (cancellation of depot

licences).

77T Renewal of depot licences

(1) The Comptroller-General of Customs must, before the end of a

financial year, notify each holder of a depot licence of the terms of

this section.

(2) If the holder pays a depot licence charge for the renewal of the

licence before the end of the financial year, the licence is renewed

for another period of 12 months at the end of the financial year.

(3) If the holder fails to pay the charge before the end of the financial

year, a Collector may, until the charge is paid or the end of 90 days

immediately following the end of the financial year (whichever

occurs first), refuse to permit goods that are subject to customs

control to be received into the depot.

(4) If the holder pays the charge within 90 days immediately following

the end of the financial year, the licence is taken to have been

renewed for another period of 12 months at the end of the financial

year.

(5) If the holder fails to pay the charge within 90 days immediately

following the end of the financial year, the licence expires at the

end of that period of 90 days.

(6) A depot licence that has been renewed may be further renewed.

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Section 77U

210 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

77U Licence charges

(1) A depot licence charge is payable in respect of the grant of a depot

licence by the person or partnership seeking the grant.

(2) A person liable to pay a depot licence charge for the grant of a

depot licence must pay the charge within 30 days of the decision to

grant that licence.

(3) A depot licence charge in respect of the renewal of a depot licence

is payable by the holder of the licence in accordance with

section 77T.

(4) Australia Post is not liable to pay a depot licence charge under this

section in respect of each grant or renewal of a depot licence that

covers the whole or a part of an International Mail Centre.

77V Notice of intended cancellation etc. of a depot licence

(1) The Comptroller-General of Customs may give a notice under this

subsection to the holder of a depot licence if:

(a) the Comptroller-General of Customs is satisfied that:

(i) the physical security of the depot is no longer adequate

having regard to the matters referred to in

paragraph 77K(1)(h); or

(ii) if the licence is held by a natural person—the person is

not a fit and proper person to hold a depot licence; or

(iii) if the licence is held by a partnership—a member of the

partnership is not a fit and proper person to be a

member of a partnership holding a depot licence; or

(iv) if the licence is held by a company—a director, officer

or shareholder of the company who participates in the

management or control of the depot is not a fit and

proper person so to participate; or

(v) an employee of the holder of the licence who

participates in the management or control of the depot is

not a fit and proper person so to participate; or

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Section 77V

Customs Act 1901 211

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(vi) if the licence is held by a company—the company is not

a fit and proper company to hold a depot licence; or

(vii) a condition to which the licence is subject has not been

complied with; or

(viii) a licence charge payable in respect of the grant of the

depot remains unpaid more than 30 days after the grant

of the licence; or

(b) the Comptroller-General of Customs is satisfied on any other

grounds that it is necessary to cancel the licence for the

protection of the revenue or for the purpose of ensuring

compliance with the Customs Acts, any other law of the

Commonwealth prescribed by the regulations or a law of a

State or Territory prescribed by the regulations.

(2) In deciding whether a person is a fit and proper person for the

purposes of subparagraphs (1)(a)(ii) to (v), the

Comptroller-General of Customs must have regard to:

(a) whether or not the person is an insolvent under

administration; and

(b) any conviction of the person of an offence against this Act, or

of an offence against another law of the Commonwealth, or a

law of a State or of a Territory, punishable by imprisonment

for one year or longer, that is committed:

(i) if the licence has not been renewed previously—after

the grant of the licence or within 10 years immediately

before the grant of the licence; or

(ii) if the licence has been renewed on one or more

occasions—after the renewal or latest renewal of the

licence or within 10 years immediately before that

renewal; and

(c) any misleading statement made under section 77H or 77J in

relation to the application for the depot licence by or in

relation to the person; and

(d) if any such statement made by the person was false—whether

the person knew that the statement was false; and

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Section 77V

212 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(e) whether the person has been refused a transport security

identification card, or has had such a card suspended or

cancelled:

(i) if the licence has not been renewed previously—after

the grant of the licence or within 10 years immediately

before the grant of the licence; or

(ii) if the licence has been renewed on one or more

occasions—after the renewal or latest renewal of the

licence or within 10 years immediately before that

renewal.

(3) In deciding whether a company is a fit and proper company for the

purposes of subparagraph (1)(a)(vi), the Comptroller-General of

Customs must have regard to:

(a) the matters referred to in paragraphs 77K(3)(c) to (g); and

(b) any conviction of the company of an offence against this Act

or of an offence against another law of the Commonwealth,

or a law of a State or of a Territory, punishable by a fine of

$5,000 or more, that is committed:

(i) if the licence has not been renewed previously—after

the grant of the licence or within 10 years immediately

before the grant of the licence; or

(ii) if the licence has been renewed on one or more

occasions—after the renewal or the latest renewal of the

licence or within 10 years immediately before that

renewal;

and at a time when a person who is presently a director,

officer or shareholder of the company was a director, officer

or shareholder of the company.

(4) The notice under subsection (1) must be in writing and must be:

(a) served, either personally or by post, on the holder of the

depot licence; or

(b) served personally on a person who, at the time of service,

apparently participates in the management or control of the

depot.

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Section 77VA

Customs Act 1901 213

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(5) The notice under subsection (1):

(a) must state that, if the holder of the depot licence wishes to

prevent the cancellation of the licence, he or she may, within

7 days after the day on which the notice is served, give to the

Comptroller-General of Customs at an address specified in

the notice a written statement showing cause why the licence

should not be cancelled; and

(b) may, if it appears to the Comptroller-General of Customs to

be necessary to do so:

(i) for the protection of the revenue; or

(ii) for ensuring compliance with the Customs Acts, any

other law of the Commonwealth prescribed by the

regulations or a law of a State or Territory prescribed by

the regulations;

state that the licence is suspended.

(6) If the notice under subsection (1) states that the depot licence is

suspended, the licence is suspended on and from the service of the

notice.

Note: For revocation of the suspension, see section 77VB.

(7) Despite the giving of a notice under subsection (1) in relation to a

depot licence, nothing in this Part prevents:

(a) the Comptroller-General of Customs giving a notice under

subsection 77T(1) in relation to the renewal of the licence; or

(b) the holder of the licence obtaining a renewal of the licence by

paying a depot licence charge in accordance with

section 77T.

Note: A depot licence charge paid in the circumstances described in this

subsection may be refunded under section 77W.

77VA Depot must not be used if depot licence is suspended etc.

Offence

(1) If a depot licence is suspended under section 77V, a person must

not use the depot for a purpose referred to in subsection 77G(1).

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Section 77VA

214 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Penalty: 50 penalty units.

Collector may permit use of depot etc. during suspension

(2) If a depot licence is suspended under section 77V, a Collector may,

while the licence is so suspended and despite subsection (1) of this

section:

(a) permit imported goods, or goods for export, that are subject

to customs control to be held in the depot; and

(b) permit the unpacking or packing of such goods; and

(c) permit the removal of such goods from the depot, including

the removal of such goods to another depot; and

(d) by notice in a prescribed manner to the owner of such goods,

require the owner to remove the goods to another depot, or to

a warehouse, approved by the Collector; and

(e) take such control of the depot, or all or any goods in the

depot, as may be necessary:

(i) for the protection of the revenue; or

(ii) for ensuring compliance with the Customs Acts, any

other law of the Commonwealth prescribed by the

regulations or a law of a State or Territory prescribed by

the regulations; and

(f) by notice in writing to the holder of the licence, require the

holder to pay to the Commonwealth, in respect of the

services of officers required as the result of the suspension,

such fee as the Comptroller-General of Customs determines

having regard to the cost of the services.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

(3) Without limiting paragraph (2)(f), the services referred to in that

paragraph include services relating to:

(a) the enforcement of the suspension; and

(b) the supervision of activities in relation to the depot that are

permitted by a Collector.

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Section 77VB

Customs Act 1901 215

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(4) If an amount that the holder of a depot licence is required to pay in

accordance with a notice under paragraph (2)(f) is not paid, that

amount may be recovered as a debt due to the Commonwealth by

action in a court of competent jurisdiction.

77VB Revocation of suspension of depot licences

If a depot licence is suspended under section 77V, the

Comptroller-General of Customs:

(a) may at any time revoke the suspension; and

(b) if the licence has not been cancelled within 28 days after the

day on which the licence was suspended—must revoke the

suspension.

Note: For the cancellation of depot licences, see section 77VC.

77VC Cancellation of depot licences

(1) The Comptroller-General of Customs may, by notice in writing,

cancel a depot licence if the Comptroller-General of Customs is

satisfied of any matter mentioned in subparagraphs 77V(1)(a)(i) to

(viii), or of the matter mentioned in paragraph 77V(1)(b), in

relation to the licence.

(2) The Comptroller-General of Customs must, by notice in writing,

cancel a depot licence if the Comptroller-General of Customs

receives a written request from the holder of the licence that the

licence be cancelled on and after a specified day.

(3) A notice under subsection (1) or (2) must be:

(a) served, either personally or by post, on the holder of the

depot licence; or

(b) served personally on a person who, at the time of service,

apparently participates in the management or control of the

depot.

(4) If a depot licence is cancelled under this section, the

Comptroller-General of Customs must, by notice published in a

newspaper circulating in the locality in which the depot is situated,

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Section 77W

216 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

inform the owners of goods in the depot of the cancellation and the

date of the cancellation.

(5) If a depot licence is cancelled under this section, the person or

partnership who held the licence before the cancellation must

return the licence to an officer of Customs within 30 days after the

cancellation.

77W Refund of depot licence charge on cancellation of a depot

licence

(1) If:

(a) a depot licence is cancelled before the end of a financial year;

and

(b) the person or partnership (the former holder) who held the

licence before its cancellation has paid the depot licence

charge for that financial year;

the former holder is entitled to a refund of an amount worked out

using the formula in subsection (1A).

(1A) For the purposes of subsection (1), the formula is:

where:

annual rate means the amount of $4,000, or, if another amount is

prescribed under subsection 6(2) of the Customs Licensing

Charges Act 1997, that other amount.

days in the year means:

(a) if the financial year in which the licence is in force is not

constituted by 365 days—the number of days in that financial

year; or

(b) otherwise—365.

Post-cancellation days Annual rate

Days in the year 

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Section 77X

Customs Act 1901 217

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

post-cancellation days means the number of days in the financial

year during which the depot licence is not in force following the

cancellation of the licence.

(2) If the former holder has paid the depot licence charge in respect of

the renewal of the licence for the following financial year, the

former holder is entitled to a refund of the full amount of that

charge.

77X Collector’s powers in relation to a place that is no longer a

depot

(2) If a place ceases to be covered by a depot licence, a Collector may:

(a) permit goods that are subject to customs control to be

received into the place during a period of 30 days after the

place ceased to be covered by a depot licence; and

(b) permit imported goods to be unpacked from receptacles in

the place; and

(c) permit goods for export to be packed into receptacles in the

place; and

(d) permit examination of goods that are subject to customs

control (the controlled goods) by officers of Customs in the

place; and

(e) permit removal of any controlled goods from the place to a

depot covered by a depot licence or to a warehouse; and

(f) by notice in writing to the person who was, or who was taken

to be, the holder of the licence (the former holder) covering

that place, require the former holder to remove any controlled

goods to a depot covered by a depot licence or to a

warehouse; and

(g) while controlled goods are in the place, take such control of

the place as may be necessary for the protection of the

revenue or for ensuring compliance with the Customs Acts,

any other law of the Commonwealth prescribed by the

regulations or a law of a State or Territory prescribed by the

regulations; and

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Section 77Y

218 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(h) by notice in writing to the former holder, require the former

holder to pay to the Commonwealth, in respect of the

services of officers required in relation to any controlled

goods as a result of the licence ceasing to be in force

(including services relating to the supervision of activities in

relation to the place, the stocktaking of goods in the place or

the reconciliation of records relating to such goods), such

fees as the Comptroller-General of Customs determines

having regard to the cost of the services; and

(i) if the former holder fails to comply with a requirement under

paragraph (f) in relation to any controlled goods, remove the

goods from the place to a depot covered by a depot licence or

a warehouse; and

(j) if goods have been removed under paragraph (i), by notice in

writing to the former holder, require the former holder to pay

to the Commonwealth in respect of the cost of the removal

such fees as the Comptroller-General of Customs determines

having regard to that cost.

(3) If an amount that a former holder is required to pay in accordance

with a notice under paragraph (2)(h) or (j) is not paid, that amount

may be recovered as a debt due to the Commonwealth by action in

a court of competent jurisdiction.

77Y Collector may give directions in relation to goods subject to

customs control

(1) A Collector may, for the protection of the revenue or for the

purpose of ensuring compliance with the Customs Acts, any other

law of the Commonwealth prescribed by the regulations or a law of

a State or Territory prescribed by the regulations, give written

directions under this section to:

(a) the holder of a depot licence; or

(b) a person participating in the management or control of the

depot;

in relation to goods in the depot that are subject to customs control

(the controlled goods).

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Section 77Z

Customs Act 1901 219

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(2) A direction under subsection (1) must be a direction:

(a) to move, or not to move, controlled goods within a depot; or

(b) about the storage of controlled goods in the depot; or

(c) to move controlled goods to another depot or a warehouse; or

(d) about the unpacking from receptacles of controlled goods; or

(e) about the packing into receptacles of controlled goods.

(3) A Collector may, for the purpose of:

(a) preventing interference with controlled goods in a depot; or

(b) preventing interference with the exercise of the powers or the

performance of the functions of a Collector in respect of a

depot or of controlled goods in a depot;

give directions, in relation to the controlled goods, to any person in

the depot.

(3A) A person who has been given a direction under subsection (1) or

(3) must not intentionally refuse or fail to comply with the

direction.

Penalty: 120 penalty units.

(4) A person who has been given a direction under subsection (1) or

(3) must not refuse or fail to comply with the direction.

Penalty: 60 penalty units.

(5) An offence against subsection (4) is an offence of strict liability.

(6) This section does not limit the directions that a Collector may give

under section 112C.

77Z Licences cannot be transferred

(1) Subject to subsection (2), a depot licence cannot be transferred to

another person.

(2) A depot licence may be transferred to another person in the

circumstances prescribed by the regulations.

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Section 77ZA

220 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

77ZA Service of notice

For the purpose of the application of section 29 of the Acts

Interpretation Act 1901 to the service by post of a notice under this

Part on a person or partnership who holds or held a depot licence,

if the notice is posted as a letter addressed to the person or

partnership at the address of the place that is or was the depot, the

notice is taken to be properly addressed.

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Section 78

Customs Act 1901 221

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Part V—Warehouses

78 Interpretation

(1) In this Part, unless the contrary intention appears:

place includes an area, a building and a part of a building.

warehouse, in relation to a warehouse licence, means the

warehouse to which the licence relates.

warehouse licence means a licence granted under section 79 and

includes such a licence that has been renewed under section 84.

warehouse licence application charge means the warehouse

licence application charge imposed by the Customs Licensing

Charges Act 1997 and payable as set out in section 80.

warehouse licence charge means the warehouse licence charge

imposed by the Customs Licensing Charges Act 1997 and payable

as set out in section 85.

warehouse licence variation charge means the warehouse licence

variation charge imposed by the Customs Licensing Charges Act

1997 and payable as set out in section 81B of this Act.

(3) For the purposes of this Part, a person shall be taken to participate

in the management or control of a warehouse if:

(a) he or she has authority to direct the operations of the

warehouse or to direct activities in the warehouse, the

removal of goods from the warehouse, or another important

part of the operations of the warehouse; or

(b) he or she has authority to direct a person who has authority

referred to in paragraph (a) in the exercise of that authority.

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Section 79

222 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

79 Warehouse licences

(1) Subject to this Part, the Comptroller-General of Customs may grant

a person or partnership a licence in writing, to be known as a

warehouse licence, to use a place described in the licence for

warehousing goods.

(2) A warehouse licence may be a licence to use a place for

warehousing goods generally, goods included in a specified class

or specified classes of goods or goods other than goods included in

a specified class or specified classes of goods.

(3) A warehouse licence may authorize blending or packaging,

processing, manufacture of excisable goods, trading or other

activities specified in the licence to be carried on in the warehouse.

80 Applications for warehouse licences

An application for a warehouse licence shall:

(a) be in writing; and

(b) contain a description of the place in relation to which the

licence is sought; and

(c) specify the kinds of goods that would be warehoused in that

place if it were a warehouse; and

(d) set out the name and address of each person whom the

Comptroller-General of Customs is required to consider for

the purposes of paragraph 81(1)(a), (b), (c) or (d); and

(e) set out such particulars of the matters that the

Comptroller-General of Customs is required to consider for

the purposes of paragraph 81(1)(e), (f) or (g) as will enable

him or her adequately to consider those matters; and

(f) contain such other information as is prescribed; and

(g) be accompanied by the warehouse licence application charge.

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Section 80A

Customs Act 1901 223

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

80A Comptroller-General of Customs may require applicant to

supply further information

(1) The Comptroller-General of Customs may, by written notice given

to an applicant for a warehouse licence, require the applicant to

supply further information in relation to the application within the

period that is specified in the notice.

(2) The Comptroller-General of Customs may extend the specified

period if the applicant, in writing, requests the

Comptroller-General of Customs to do so.

(3) If the applicant:

(a) fails to supply the further information within the specified

period, or that period as extended under subsection (2); but

(b) supplies the information at a later time;

the Comptroller-General of Customs must not take the information

into account in determining whether to grant the warehouse

licence.

81 Requirements for grant of warehouse licence

(1) The Comptroller-General of Customs shall not grant a warehouse

licence if, in his or her opinion:

(a) where the applicant is a natural person—the applicant is not a

fit and proper person to hold a warehouse licence; or

(b) where the applicant is a partnership—any of the partners is

not a fit and proper person to be a member of a partnership

holding a warehouse licence; or

(c) where the applicant is a company—any director, officer or

shareholder of the company who would participate in the

management or control of the warehouse is not a fit and

proper person so to participate; or

(d) an employee of the applicant who would participate in the

management or control of the warehouse is not a fit and

proper person so to participate; or

(da) where the applicant is a company—the company is not a fit

and proper company to hold a warehouse licence; or

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Section 81

224 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(e) the physical security of the place in relation to which the

licence is sought is not adequate having regard to:

(ia) the nature of the place;

(i) the kinds and quantity of goods that would be kept in

that place if it were a warehouse; or

(ii) the procedures and methods that would be adopted by

the applicant to ensure the security of goods in the place

if it were a warehouse; or

(f) the plant and equipment that would be used in relation to

goods in the place in relation to which the licence is sought if

it were a warehouse are not suitable having regard to the

nature of those goods and that place; or

(g) the books of account or records that would be kept in relation

to the place in relation to which the licence is sought if it

were a warehouse would not be suitable to enable an officer

of Customs adequately to audit those books or records.

(2) The Comptroller-General of Customs shall, in determining whether

a person is a fit and proper person for the purposes of

paragraph (1)(a), (b), (c) or (d), have regard to:

(a) any conviction of the person for an offence against this Act

committed within the 10 years immediately preceding the

making of the application; and

(b) any conviction of the person for an offence under a law of the

Commonwealth, of a State or of a Territory that is punishable

by imprisonment for a period of one year or longer, being an

offence committed within the 10 years immediately

preceding the making of the application; and

(c) whether the person is an undischarged bankrupt; and

(d) any misleading statement made under section 80 or 80A in

relation to the application by or in relation to the person; and

(e) where any statement by the person in the application was

false—whether the person knew that the statement was false;

and

(f) whether the person has been refused a transport security

identification card, or has had such a card suspended or

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Section 81A

Customs Act 1901 225

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

cancelled, within the 10 years immediately preceding the

making of the application.

(3) The Comptroller-General of Customs shall, in determining whether

a company is a fit and proper company for the purposes of

paragraph (1)(da), have regard to:

(a) any conviction of the company of an offence against this Act

committed within the 10 years immediately preceding the

making of the application and at a time when a person who is

a director, officer or shareholder of the company was a

director, officer or shareholder of the company; or

(b) any conviction of the company of an offence under a law of

the Commonwealth, of a State or of a Territory that is

punishable by a fine of 50 penalty units or more, being an

offence committed within the 10 years immediately

preceding the making of the application and at a time when a

person who is a director, officer or shareholder of the

company was a director, officer or shareholder of the

company; or

(c) whether a receiver of the property, or part of the property, of

the company has been appointed; or

(ca) whether the company is under administration within the

meaning of the Corporations Act 2001; or

(cb) whether the company has executed under Part 5.3A of that

Act a deed of company arrangement that has not yet

terminated; or

(e) whether the company is being wound up.

81A Grant of a warehouse licence

(1) If an application for a warehouse licence is made, the

Comptroller-General of Customs must decide whether or not to

grant the licence within 60 days after:

(a) if paragraph (b) does not apply—the receipt of the

application; or

(b) if the Comptroller-General of Customs, under section 80A,

requires the applicant to supply further information in

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Section 81B

226 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

relation to the application and the applicant supplies the

information in accordance with that section—the receipt of

the information.

(2) If the Comptroller-General of Customs has not made a decision

whether or not to grant the warehouse licence before the end of the

period referred to in subsection (1), the Comptroller-General of

Customs is taken to have refused the application at the end of that

period.

81B Variation of the place covered by a warehouse licence

(1) The Comptroller-General of Customs may, on application by the

holder of a warehouse licence, vary the licence by:

(a) omitting the description of the place that is described in the

licence and substituting a description of another place; or

(b) altering the description of the place that is described in the

licence.

(2) The application must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain such information as the form requires; and

(d) be signed in the manner indicated in the form; and

(e) be accompanied by the warehouse licence variation charge.

(3) The Comptroller-General of Customs may, by written notice given

to an applicant for the variation of a warehouse licence, require the

applicant to give further information in relation to the application:

(a) within the period that is specified in the notice; or

(b) within such further period as the Comptroller-General of

Customs allows.

(4) If an application for the variation of a warehouse licence is made

under subsection (1), the Comptroller-General of Customs must

not grant the application if, in his or her opinion:

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Section 81B

Customs Act 1901 227

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) the physical security of the place whose description is to be

substituted, or of the place that would have the altered

description, would not be adequate having regard to:

(i) the nature of the place; or

(ii) the kinds and quantity of goods that would be kept in

the place if the variation were made; or

(iii) the procedures and methods that would be adopted by

the applicant to ensure the security of goods in the place

if the variation were made; or

(b) the plant and equipment that would be used in relation to

goods in the place, if the variation were made, would not be

suitable having regard to the nature of those goods and that

place; or

(c) the books of account or records that would be kept in relation

to the place, if the variation were made, would not be suitable

to enable an officer of Customs adequately to audit those

books or records.

(5) The Comptroller-General of Customs must not grant an application

under subsection (1) for the substitution of the description of a

place in a warehouse licence if, in his or her opinion, the place

would be too remote from the nearest place where officers, who

regularly perform their functions, would be able conveniently to

check whether the Customs Acts are being complied with at the

place.

(6) If an application is made under subsection (1), the

Comptroller-General of Customs must decide whether or not to

grant the application:

(a) if paragraph (b) of this subsection does not apply—within 60

days after receiving the application; or

(b) if:

(i) the Comptroller-General of Customs requires the

applicant to give further information under

subsection (3); and

(ii) the applicant supplies the information in accordance

with that subsection;

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Section 82

228 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

within 60 days after receiving the information.

(7) If the Comptroller-General of Customs has not made a decision

whether or not to grant an application made under subsection (1)

before the end of the period that applies under subsection (6), the

Comptroller-General of Customs is taken to have refused the

application at the end of that period.

82 Conditions of warehouse licences

(1) A warehouse licence is subject to the condition that, if:

(a) a person not described in the application for the licence as

participating in the management or control of the warehouse

commences so to participate; or

(b) in the case of a licence held by a partnership—there is a

change in the membership of the partnership; or

(ba) in the case of a licence held by a company—any of the

following events occurs:

(i) the company is convicted of an offence of a kind

referred to in paragraph 81(3)(a) or (b);

(ii) a receiver of the property, or part of the property, of the

company is appointed;

(iii) an administrator of the company is appointed under

section 436A, 436B or 436C of the Corporations Act

2001;

(iv) the company executes a deed of company arrangement

under Part 5.3A of that Act;

(v) the company begins to be wound up; or

(c) a person who participates in the management or control of

the warehouse, the holder of the licence or, in the case of a

licence held by a partnership, a member of the partnership:

(i) is convicted of an offence referred to in

paragraph 81(2)(a) or (b); or

(ii) becomes bankrupt; or

(iii) has been refused a transport security identification card,

or has had such a card suspended or cancelled, within

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the applicable period referred to in

paragraph 86(1A)(d); or

(d) there is a substantial change in a matter affecting the physical

security of the warehouse; or

(e) there is a substantial change in plant or equipment used in

relation to goods in the warehouse; or

(f) there is a substantial change in the keeping of accounts or

records kept in relation to the warehouse;

the holder of the licence shall, within 30 days after the occurrence

of the event referred to in whichever of the preceding paragraphs

applies, give the Comptroller-General of Customs particulars in

writing of that event.

(3) A warehouse licence is subject to such other conditions (if any) as

are specified in the licence that the Comptroller-General of

Customs considers to be necessary or desirable:

(a) for the protection of the revenue; or

(b) for ensuring compliance with the Customs Acts, any other

law of the Commonwealth prescribed by the regulations or a

law of a State or Territory prescribed by the regulations; or

(c) for any other purpose.

(4) The conditions specified in a warehouse licence may include:

(a) conditions specifying the persons or classes of persons whose

goods may be warehoused in the warehouse; and

(b) conditions limiting the operations that may be performed

upon, or in relation to, goods in the warehouse.

(5) The Comptroller-General of Customs may, upon application by the

holder of a warehouse licence and production of the licence, vary

the conditions specified in the licence by making an alteration to,

or an endorsement on, the licence.

(6) Subsection (5) does not limit section 82B.

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82A Comptroller-General of Customs may impose additional

conditions to which a warehouse licence is subject

(1) The Comptroller-General of Customs may, at any time, impose

additional conditions to which the licence is subject if the

Comptroller-General of Customs considers the conditions to be

necessary or desirable:

(a) for the protection of the revenue; or

(b) for the purpose of ensuring compliance with the Customs

Acts, any other law of the Commonwealth prescribed by the

regulations or a law of a State or Territory prescribed by the

regulations; or

(c) for any other purpose.

(2) If the Comptroller-General of Customs imposes conditions under

subsection (1):

(a) the Comptroller-General of Customs must, by written notice

to the holder of the warehouse licence, notify the holder of

the conditions; and

(b) the conditions cannot take effect before:

(i) the end of 30 days after the giving of the notice; or

(ii) if the Comptroller-General of Customs considers that it

is necessary for the conditions to take effect earlier—the

end of a shorter period specified in the notice.

82B Comptroller-General of Customs may vary the conditions to

which a warehouse licence is subject

(1) The Comptroller-General of Customs may, by written notice to the

holder of a warehouse licence, vary:

(a) the conditions specified in the warehouse licence under

section 82; or

(b) the conditions imposed under section 82A to which the

licence is subject.

(2) A variation under subsection (1) cannot take effect before:

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(a) the end of 30 days after the giving of the notice under that

subsection; or

(b) if the Comptroller-General of Customs considers that it is

necessary for the variation to take effect earlier—the end of a

shorter period specified in the notice given under that

subsection.

(3) This section does not limit subsection 82(5).

82C Breach of conditions of a warehouse licence

(1) The holder of a warehouse licence must not breach a condition to

which the licence is subject under section 82 or 82A (including a

condition varied under subsection 82(5) or section 82B).

Penalty: 60 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

83 Duration of warehouse licence

(1) A warehouse licence:

(a) comes into force on a date specified in the licence or, if no

date is so specified, the date on which the licence is granted;

and

(b) subject to this Part, remains in force until 30 June next

following the grant of the licence but may be renewed in

accordance with section 84.

(2) Notwithstanding that a warehouse licence has not been renewed, a

Collector may:

(a) permit goods to be placed in the former warehouse; and

(b) permit the removal of goods from the former warehouse,

including the removal of goods to a warehouse; and

(c) by notice in writing to the last holder of the licence, require

him or her to remove all or specified goods in the former

warehouse to a warehouse approved by the Collector; and

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(d) take such control of the former warehouse or all or any goods

in the former warehouse as may be necessary for the

protection of the revenue or for ensuring compliance with the

Customs Acts, any other law of the Commonwealth

prescribed by the regulations or a law of a State or Territory

prescribed by the regulations; and

(e) by notice in writing to the last holder of the licence, require

him or her to pay to the Commonwealth in respect of the

services of officers required as the result of the licence not

having been renewed (including services relating to the

supervision of activities in relation to the former warehouse

permitted by a Collector, the stocktaking of goods in the

former warehouse or the reconciliation of records relating to

such goods) such fee as the Comptroller-General of Customs

determines having regard to the cost of the services; and

(f) where the last holder of the licence fails to comply with a

requirement under paragraph (c) in relation to goods, remove

the goods from the former warehouse to a warehouse; and

(g) where goods have been removed in accordance with

paragraph (f), by notice in writing to the last holder of the

licence, require him or her to pay to the Commonwealth in

respect of the cost of the removal such fee as the

Comptroller-General of Customs determines having regard to

that cost.

(3) Subject to subsection (4), where a warehouse licence has not been

renewed and goods remain in the former warehouse, the

Comptroller-General of Customs must by notice:

(a) published on the Department’s website; and

(b) published in the Gazette; and

(c) published in a newspaper circulating in the locality in which

the warehouse is situated;

inform the owners of goods in the former warehouse:

(d) that they are required, within a time specified in the notice or

any further time allowed by the Comptroller-General of

Customs, to:

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(i) pay to the Collector duty payable in respect of their

goods in the former warehouse; or

(ii) remove their goods in the former warehouse to another

place in accordance with permission obtained from the

Collector; and

(e) that, if they do not comply with the requirements of the

notice, their goods in that former warehouse will be sold.

(4) Where the Comptroller-General of Customs is satisfied that all the

goods in a former warehouse the licence in respect of which has

not been renewed are the property of the person who held the

licence, the notice referred to in subsection (3) need not be

published as mentioned in that subsection but shall be:

(a) served, either personally or by post, on that person; or

(b) served personally on a person who, at the time of the

expiration of the licence, apparently participated in the

management or control of the former warehouse.

(5) Where the owner of goods to which a notice under subsection (3)

applies fails to comply with the requirements of the notice within

the time specified in the notice or any further time allowed by the

Comptroller-General of Customs, the goods may be sold by a

Collector.

(6) If an amount that the last holder of a licence is required to pay in

accordance with a notice under paragraph (2)(e) or (g) is not paid,

that amount may be recovered as a debt due to the Commonwealth

by action in a court of competent jurisdiction.

84 Renewal of warehouse licence

(1) The Comptroller-General of Customs may, by writing, renew a

warehouse licence on the application, in writing, of the holder of

the licence.

(3) The Comptroller-General of Customs may refuse to renew a

licence if the Comptroller-General of Customs is satisfied that, if

the licence were renewed, he or she would be entitled to cancel the

licence.

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(4) Subject to this Part, a warehouse licence that has been renewed

continues in force for 12 months but may be further renewed.

Note: Additional conditions may be imposed on the licence under

section 82A, and the conditions to which the licence is subject may be

varied under subsection 82(5) or section 82B.

85 Licence charges

Grant of licence

(1) A warehouse licence charge is payable in respect of the grant of a

warehouse licence by the person or partnership seeking the grant.

(2) A person or partnership liable to pay a warehouse licence charge in

respect of the grant of a warehouse licence must pay the charge in

accordance with section 85A.

Renewal of licence

(3) A warehouse licence charge is payable in respect of the renewal of

a warehouse licence by the holder of the licence.

(4) The holder of a warehouse licence liable to pay a warehouse

licence charge in respect of the renewal of the warehouse licence

must pay the charge in accordance with section 85A.

85A Payment of warehouse licence charge

(1) A warehouse licence charge in respect of the grant, or the renewal,

of a warehouse licence must be paid in accordance with the

regulations.

(2) Without limiting subsection (1), the regulations may make

provision for and in relation to the following:

(a) the payment of the charge in instalments;

(b) the day or days before the end of which the charge, or

instalments of the charge, must be paid.

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86 Suspension of warehouse licences

(1) The Comptroller-General of Customs may give notice in

accordance with this section to the holder of a warehouse licence if

he or she has reasonable grounds for believing that:

(a) the physical security of the warehouse is no longer adequate

having regard to the matters referred to in paragraph 81(1)(e);

or

(b) the plant and equipment used in the warehouse are such that

the protection of the revenue in relation to goods in the

warehouse is inadequate; or

(c) where the licence is held by a natural person—that person is

not a fit and proper person to hold a warehouse licence; or

(d) where the licence is held by a partnership—a member of the

partnership is not a fit and proper person to be a member of a

partnership holding a warehouse licence; or

(e) where the licence is held by a company—a director, officer

or shareholder of the company who participates in the

management or control of the warehouse is not a fit and

proper person so to participate; or

(f) an employee of the holder of the licence, being an employee

who participates in the management or control of the

warehouse, is not a fit and proper person so to participate; or

(fa) where the licence is held by a company—the company is not

a fit and proper company to hold a warehouse licence; or

(g) a condition to which the licence is subject has not been

complied with; or

(h) an amount of a warehouse licence charge payable in respect

of the licence remains unpaid more than 28 days after the day

the amount was due to be paid;

or it otherwise appears to him or her to be necessary for the

protection of the revenue, or for the purpose of ensuring

compliance with the Customs Acts, any other law of the

Commonwealth prescribed by the regulations or a law of a State or

Territory prescribed by the regulations, to give the notice.

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(1A) The Comptroller-General of Customs shall, in considering whether

a person is a fit and proper person for the purposes of

paragraph (1)(c), (d), (e) or (f), have regard to:

(a) any conviction of the person of an offence against this Act

committed:

(i) where the licence has not been renewed—after the grant

of the licence or within 10 years immediately preceding

the making of the application for the licence; and

(ii) where the licence has been renewed on one occasion

only—after the renewal of the licence or within 10 years

immediately preceding the making of the application for

the renewal; and

(iii) where the licence has been renewed on more than one

occasion—after the latest renewal of the licence or

within 10 years immediately preceding the making of

the application for the latest renewal; and

(b) any conviction of the person of an offence under a law of the

Commonwealth, of a State or of a Territory that is punishable

by imprisonment for a period of one year or longer, being an

offence committed:

(i) where the licence has not been renewed—after the grant

of the licence or within 10 years immediately preceding

the making of the application for the licence; and

(ii) where the licence has been renewed on one occasion

only—after the renewal of the licence or within 10 years

immediately preceding the making of the application for

the renewal; and

(iii) where the licence has been renewed on more than one

occasion—after the latest renewal of the licence or

within 10 years immediately preceding the making of

the application for the latest renewal; and

(c) whether the person is an undischarged bankrupt; and

(d) whether the person has been refused a transport security

identification card, or has had such a card suspended or

cancelled:

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(i) where the licence has not been renewed—after the grant

of the licence or within 10 years immediately preceding

the making of the application for the licence; and

(ii) where the licence has been renewed on one occasion

only—after the renewal of the licence or within 10 years

immediately preceding the making of the application for

the renewal; and

(iii) where the licence has been renewed on more than one

occasion—after the latest renewal of the licence or

within 10 years immediately preceding the making of

the application for the latest renewal.

(1B) The Comptroller-General of Customs shall, in considering whether

a company is a fit and proper company for the purposes of

paragraph (1)(fa) have regard, in relation to the company, to:

(a) any conviction of the company of an offence against this Act

that was:

(i) where the licence has not been renewed—committed

after the grant of the licence; or

(ii) where the licence has been renewed on one occasion

only—committed after the renewal of the licence; or

(iii) where the licence has been renewed on more than one

occasion—committed after the latest renewal of the

licence; or

(iv) committed:

(A) where the licence has not been renewed—

within 10 years immediately preceding the

making of the application for the licence; and

(B) where the licence has been renewed on one

occasion only—within 10 years immediately

preceding the making of the application for the

renewal of the licence; and

(C) where the licence has been renewed on more

than one occasion—within 10 years

immediately preceding the making of the

application for the latest renewal of the licence;

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and at a time when a person who is a director, officer or

shareholder of the company was a director, officer or

shareholder of the company; and

(b) any conviction of the company of an offence under a law of

the Commonwealth, of a State or of a Territory that is

punishable by a fine of $5,000 or more, being an offence that

was:

(i) where the licence has not been renewed—committed

after the grant of the licence; or

(ii) where the licence has been renewed on one occasion

only—committed after the renewal of the licence; or

(iii) where the licence has been renewed on more than one

occasion—committed after the latest renewal of the

licence; or

(iv) committed:

(A) where the licence has not been renewed—

within 10 years immediately preceding the

making of the application for the licence; and

(B) where the licence has been renewed on one

occasion only—within 10 years immediately

preceding the making of the application for the

renewal of the licence; and

(C) where the licence has been renewed on more

than one occasion—within 10 years

immediately preceding the making of the

application for the latest renewal of the licence;

and at a time when a person who is a director, officer or

shareholder of the company was a director, officer or

shareholder of the company; and

(c) the matters mentioned in paragraphs 81(3)(c) and (e).

(2) Notice in accordance with this section to the holder of a warehouse

licence shall be in writing and shall be:

(a) served, either personally or by post, on the holder of the

licence; or

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(b) served personally on a person who, at the time of service,

apparently participates in the management or control of the

warehouse.

(3) A notice in accordance with this section to the holder of a

warehouse licence:

(a) shall state that, if the holder of the licence wishes to prevent

the cancellation of the licence, he or she may, within 7 days

after the day on which the notice was served, furnish to the

Comptroller-General of Customs at an address specified in

the notice a written statement showing cause why the licence

should not be cancelled; and

(b) may, if it appears to the Comptroller-General of Customs to

be necessary to do so:

(i) for the protection of the revenue; or

(ii) for ensuring compliance with the Customs Acts, any

other law of the Commonwealth prescribed by the

regulations or a law of a State or Territory prescribed by

the regulations;

state that the licence is suspended;

and, if the notice states that the licence is suspended, that licence is

suspended on and from the service of the notice.

(5) Where a warehouse licence is suspended under this section, the

Comptroller-General of Customs:

(a) may at any time revoke the suspension; and

(b) if the licence has not been cancelled within 28 days after the

day on which the licence was suspended—shall revoke the

suspension.

(6) Subject to subsection (7), during a period in which a warehouse

licence is suspended under this section, a person shall not use the

warehouse with the intention of warehousing goods.

Penalty: 50 penalty units.

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(7) Notwithstanding subsection (6), during a period in which a

warehouse licence is suspended under this section, a Collector

may:

(a) permit goods to be placed in the warehouse; and

(b) permit a process to be carried out in the warehouse; and

(c) permit the removal of goods from the warehouse, including

the removal of goods to another warehouse; and

(d) by notice in a prescribed manner to the owner of goods in the

warehouse, require the owner to remove his or her goods to

another warehouse approved by the Collector; and

(e) take such control of the warehouse or all or any goods in the

warehouse as may be necessary for the protection of the

revenue or for ensuring compliance with the Customs Acts,

any other law of the Commonwealth prescribed by the

regulations or a law of a State or Territory prescribed by the

regulations; and

(f) by notice in writing to the holder of the licence, require him

or her to pay to the Commonwealth in respect of the services

of officers required as the result of the suspension, including

services relating to the enforcement of the suspension, the

supervision of activities in relation to the warehouse

permitted by a Collector, the stocktaking of goods in the

warehouse or the reconciliation of records relating to such

goods, such fee as the Comptroller-General of Customs

determines, having regard to the cost of the services.

(8) If an amount that the holder of a licence is required to pay in

accordance with a notice under paragraph (7)(f) is not paid, that

amount may be recovered as a debt due to the Commonwealth by

action in a court of competent jurisdiction.

87 Cancellation of warehouse licences

(1) The Comptroller-General of Customs may cancel a warehouse

licence if:

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(a) he or she is satisfied in relation to the licence as to any of the

matters mentioned in paragraphs (a) to (h) (inclusive) of

subsection 86(1); or

(b) he or she is satisfied on any other grounds that cancellation

of the licence is necessary for the protection of the revenue or

for the purpose of ensuring compliance with the Customs

Acts, any other law of the Commonwealth prescribed by the

regulations or a law of a State or Territory prescribed by the

regulations.

(1A) The Comptroller-General of Customs must cancel a warehouse

licence if the Comptroller-General of Customs receives a written

request from the holder of the licence that the licence be cancelled

on and after a specified day.

(2) The Comptroller-General of Customs must cancel a warehouse

licence under this section by notice in writing:

(a) served, either personally or by post, on the holder of the

licence; or

(b) served personally on a person who, at the time of service,

apparently participates in the management or control of the

warehouse.

(4) Subject to subsection (5), if the Comptroller-General of Customs

cancels a warehouse licence under this section, he or she must by

notice:

(a) published on the Department’s website; and

(b) published in the Gazette; and

(c) published in a newspaper circulating in the locality in which

the warehouse is situated;

inform the owners of goods in the place that was the warehouse:

(d) that they are required, within a time specified in the notice or

any further time allowed by the Comptroller-General of

Customs, to:

(i) pay to the Collector duty payable in respect of their

goods in the warehouse; or

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(ii) remove their goods in the warehouse to another place in

accordance with permission obtained from the

Collector; and

(e) that, if they do not comply with the requirements of the

notice, their goods in that place will be sold.

(5) Where the Comptroller-General of Customs who has cancelled a

warehouse licence under this section is satisfied that all the goods

in the place that was the warehouse are the property of the person

who held the licence, the notice referred to in subsection (4) need

not be published as mentioned in that subsection but must be:

(a) served, either personally or by post, on that person; or

(b) served personally on a person who, at the time of the

cancellation of the licence, apparently participated in the

management or control of the place that was the warehouse.

(6) Where the owner of goods to which a notice under subsection (4)

applies fails to comply with the requirements of the notice within

the time specified in the notice or any further time allowed by the

Comptroller-General of Customs, the goods may be sold by a

Collector.

(7) Where a warehouse licence is cancelled under this section, the

holder of the licence must, if requested by the Comptroller-General

of Customs to do so, surrender the licence to the

Comptroller-General of Customs.

Penalty: 1 penalty unit.

(8) Subsection (7) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

87A Refund of warehouse licence charge

If:

(a) a warehouse licence is cancelled before the end of a financial

year; and

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(b) the person or partnership (the former holder) who held the

licence before its cancellation has paid some or all of the

warehouse licence charge for that financial year;

the former holder is entitled to a refund of an amount worked out

in accordance with the regulations.

88 Service of notices

For the purpose of the application of section 29 of the Acts

Interpretation Act 1901 to the service by post of a notice under this

Part on a person who holds or held a warehouse licence, such a

notice posted as a letter addressed to the person at the address of

the place that is or was the warehouse shall be deemed to be

properly addressed.

89 Death of licence holder

If the holder of a warehouse licence, being a natural person, dies,

the licence shall be deemed to be transferred to his or her legal

personal representative.

90 Obligations of holders of warehouse licences

(1) The holder of a warehouse licence shall:

(a) stack and arrange goods in the warehouse so that officers

have reasonable access to, and are able to examine, the

goods;

(b) provide officers with adequate space and facilities for the

examination of goods in the warehouse and with devices for

accurately measuring and weighing such goods;

(c) if required by a Collector, provide adequate office space and

furniture and a telephone service, for the official use of

officers performing duties at the warehouse; and

(d) provide sufficient labour and materials for use by a Collector

in dealing with goods in the warehouse for the purposes of

this Act.

Penalty: 30 penalty units.

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(1A) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(2) A requirement imposed on the holder of a warehouse licence under

paragraph (1)(c) shall be set out in a notice in writing served, either

personally or by post, on the holder of the licence.

91 Access to warehouses

A Collector may, at any time, gain access to and enter, if necessary

by force, any warehouse and examine any goods in the warehouse.

92 Repacking in warehouse

A Collector may, in accordance with the regulations, permit the

owner of warehoused goods to sort, bottle, pack or repack those

goods.

93 Regauging etc. of goods

Where:

(a) any warehoused goods are examined by an officer or by the

owner of the goods with the approval of an officer; and

(b) the examination shows that there has been a decrease in the

volume or weight of the goods since they were first entered;

the volume or weight of the goods shall, for the purposes of this

Act or any other law of the Commonwealth, be taken to be:

(c) except where paragraph (d) applies—the volume or weight

found on that examination; or

(d) where, in the opinion of a Collector, that decrease is

excessive—the volume or weight shown in the original entry

reduced to an extent that the Collector considers appropriate;

and duty in respect of the goods is payable accordingly.

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94 Goods not worth duty may be destroyed

(1) Where a Collector is satisfied that the value of any warehoused

goods is less than the amount of duty payable in respect of the

goods, he or she may, if requested by the owner of the goods to do

so, destroy the goods and remit the duty.

(2) The destruction of warehoused goods under subsection (1) does not

affect any liability of the owner of the goods to pay the holder of a

warehouse licence any rent or charges payable in respect of the

goods.

95 Revaluation

Where a Collector is satisfied that warehoused goods that have

been valued for the purposes of this Act in accordance with

Division 2 of Part VIII have deteriorated in value as the result of

accidental damage, the Collector may, if requested by the owner of

the goods to do so, cancel that valuation and, for the purposes of

this Act and in accordance with Division 2 of Part VIII revalue

those goods as at the time of the revaluation.

96 Arrears of warehouse charges

(1) Where any rent or charges in respect of warehoused goods has or

have been in arrears for:

(a) except where paragraph (b) applies—6 months; or

(b) where the goods are the unclaimed baggage of a passenger or

member of the crew of a ship or aircraft—30 days;

a Collector may sell the goods.

(2) In this section, member of the crew includes:

(a) in relation to a ship—the master, a mate or an engineer of the

ship; and

(b) in relation to an aircraft—the pilot of the aircraft.

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Part V Warehouses

Section 96A

246 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

96A Outwards duty free shops

(1) In this section:

international flight means a flight, whether direct or indirect, by

an aircraft between a place in Australia from which the aircraft

takes off and a place outside Australia at which the aircraft lands or

is intended to land.

international voyage means a voyage, whether direct or indirect,

by a ship between a place in Australia and a place outside

Australia.

outwards duty free shop means a warehouse in respect of which

the relevant warehouse licence authorises the sale in the warehouse

of goods to relevant travellers.

proprietor, in relation to an outwards duty free shop, means the

holder of the warehouse licence that relates to the outwards duty

free shop.

relevant traveller means a person:

(a) who intends to make an international flight, whether as a

passenger on, or as a pilot or member of the crew of, an

aircraft; or

(b) who intends to make an international voyage, whether as a

passenger on, or as the master or a member of the crew of, a

ship.

(2) Subject to the regulations (if any), a Collector may give

permission, in accordance with subsection (3), for goods that are

specified in the permission and are sold to a relevant traveller in an

outwards duty free shop that is specified in the permission to be:

(a) delivered to the relevant traveller personally for export by

him or her when making the international flight or voyage in

relation to which he or she is a relevant traveller; and

(b) exported by the relevant traveller when making that flight or

voyage without the goods having been entered for export;

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Customs Act 1901 247

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and, subject to subsection (13), the permission is authority for such

goods to be so delivered and so exported.

(3) Permission under subsection (2) is given in accordance with this

subsection if it is in writing and is delivered to the proprietor of the

outwards duty free shop to which the permission relates.

(4) Permission under subsection (2) may relate to particular goods, all

goods, goods included in a specified class or classes of goods or

goods other than goods included in a specified class or classes of

goods.

(5) Without limiting the matters that may be prescribed in regulations

referred to in subsection (2), those regulations:

(a) may prescribe circumstances in which permission under that

subsection may be given;

(b) may prescribe matters to be taken into account by a Collector

when deciding whether to give permission under that

subsection; and

(c) may prescribe conditions to which a permission under that

subsection is to be subject.

(6) A Collector may, when giving permission under subsection (2) or

at any time while a permission under that subsection is in force,

impose conditions to which the permission is to be subject, being

conditions that, in the opinion of the Collector, are necessary:

(a) for the protection of the revenue; or

(b) for the purpose of ensuring compliance with the Customs

Acts, any other law of the Commonwealth prescribed by the

regulations or a law of a State or Territory prescribed by the

regulations;

and may, at any time, revoke, suspend or vary, or cancel a

suspension of, a condition so imposed.

(7) Without limiting the generality of paragraph (5)(c) or

subsection (6), a condition referred to in that paragraph or that

subsection to which a permission is to be subject may be:

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Section 96A

248 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) a condition to be complied with by the proprietor of the

outwards duty free shop to which the permission relates or by

relevant travellers to whom goods to which the permission

relates are sold; or

(b) a condition that the permission only applies to sales to

relevant travellers who comply with a prescribed requirement

or requirements, which may be, or include, a requirement that

relevant travellers produce to the proprietor of the outwards

duty free shop to which the permission relates or to an

employee or agent of that proprietor a ticket or other

document, being a document approved by a Collector for the

purposes of this paragraph, showing that the relevant

traveller is entitled to make the international flight or voyage

in relation to which he or she is a relevant traveller; or

(c) a condition that the proprietor of the outwards duty free shop

to which the permission relates will keep records specified in

the regulations and will notify a Collector of all sales made

by him or her to which the permission applies.

(8) A condition imposed in respect of a permission under

subsection (6) or a revocation, suspension or variation, or a

cancellation of a suspension, of such a condition takes effect when

notice, in writing, of the condition or of the revocation, suspension

or variation, or of the cancellation of the suspension, is served on

the proprietor of the outwards duty free shop to which it relates, or

at such later time (if any) as is specified in the notice, but does not

have effect in relation to any goods delivered to a relevant traveller

before the notice was served.

(9) A condition imposed in respect of a permission under

paragraph (5)(c) or subsection (6) or a revocation, suspension or

variation, or a cancellation of a suspension, of a condition under

subsection (6) may relate to all goods to which the permission

relates or to particular goods to which the permission relates and

may apply either generally or in particular circumstances.

(10) A permission under subsection (2) is subject to:

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Section 96A

Customs Act 1901 249

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(a) the condition that the proprietor of the outwards duty free

shop to which the permission relates will ensure that relevant

travellers to whom goods are delivered in accordance with

the permission are aware of any conditions of the permission

with which they are required to comply; and

(b) the condition that that proprietor will provide a Collector

with proof, in a prescribed way and within a prescribed time,

of the export of goods delivered to a relevant traveller in

accordance with the permission.

(11) If a person who is required to comply with a condition imposed in

respect of a permission under subsection (2) fails to comply with

the condition, he or she commits an offence against this Act

punishable upon conviction by a penalty not exceeding 60 penalty

units.

(11A) Subsection (11) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(12) Where the proprietor of an outwards duty free shop to which a

permission under subsection (2) relates does not produce the proof

required by paragraph (10)(b) that goods delivered by him or her to

a relevant traveller in accordance with the permission have been

exported by that traveller, the goods shall be deemed to have been

entered, and delivered, for home consumption by the proprietor, as

owner of the goods, on the day on which the goods were delivered

to that traveller.

(13) A Collector may, in accordance with the regulations, revoke a

permission given under subsection (2) in relation to the sale of

goods occurring after the revocation.

(14) Where a Collector makes a decision under subsection (2) refusing

to give permission to the proprietor of an outwards duty free shop

or under subsection (13) revoking a permission given under

subsection (2), he or she shall cause to be served, either personally

or by post, on the proprietor of the shop, a notice in writing setting

out the Collector’s findings on material questions of fact, referring

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Part V Warehouses

Section 96B

250 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

to the evidence or other material on which those findings were

based and giving the reasons for the decision.

96B Inwards duty free shops

(1) In this section:

international flight means a flight, whether direct or indirect, by

an aircraft between a place outside Australia from which the

aircraft took off and a place in Australia at which the aircraft

landed.

inwards duty free shop means a warehouse in respect of which the

relevant warehouse licence authorises the sale in the warehouse of

airport shop goods to relevant travellers.

proprietor, in relation to an inwards duty free shop, means the

holder of the warehouse licence that relates to the inwards duty

free shop.

relevant traveller means a person who:

(a) has arrived in Australia on an international flight, whether as

a passenger on, or as the pilot or a member of the crew of, an

aircraft; and

(b) has not been questioned, for the purposes of this Act, by an

officer of Customs in respect of goods carried on that flight.

(2) A warehouse licence is not to authorise the sale in the warehouse

of airport shop goods to relevant travellers unless the warehouse:

(a) is situated at an airport; and

(b) is so located that passengers on international flights who

arrive at that airport would normally have access to the

warehouse before being questioned for the purposes of this

Act by officers of Customs.

(3) Subject to the regulations (if any), a Collector may give

permission, in accordance with subsection (4), for airport shop

goods that are specified in the permission and are sold to a relevant

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Customs Act 1901 251

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

traveller in an inwards duty free shop that is specified in the

permission to be:

(a) delivered to the relevant traveller; and

(b) taken by the relevant traveller for reporting to an officer of

Customs doing duty in relation to clearance under this Act of

the personal baggage of the relevant traveller.

(4) Permission under subsection (3) is given in accordance with this

subsection if it is in writing and is delivered to the proprietor of the

inwards duty free shop to which the permission relates.

(5) Without limiting the matters that may be prescribed in regulations

referred to in subsection (3), those regulations:

(a) may prescribe circumstances in which permission under that

subsection may be given;

(b) may prescribe matters to be taken into account by a Collector

when deciding whether to give permission under that

subsection; and

(c) may prescribe conditions to which a permission under that

subsection is to be subject.

(6) A Collector may, when giving permission under subsection (3) or

at any time while a permission under that subsection is in force,

impose conditions to which the permission is to be subject, being

conditions that, in the opinion of the Collector, are necessary:

(a) for the protection of the revenue; or

(b) for the purpose of ensuring compliance with the Customs

Acts, any other law of the Commonwealth prescribed by the

regulations or a law of a State or Territory prescribed by the

regulations;

and may, at any time, revoke, suspend or vary, or cancel a

suspension of, a condition so imposed.

(7) Without limiting the generality of paragraph (5)(c) or

subsection (6), a condition referred to in that paragraph or that

subsection to which a permission is to be subject may be:

(a) a condition to be complied with by the proprietor of the

inwards duty free shop to which the permission relates or by

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Section 96B

252 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

relevant travellers to whom goods to which the permission

relates are sold; or

(b) a condition that the proprietor of the inwards duty free shop

to which the permission relates will keep records specified in

the regulations.

(8) A condition imposed in respect of a permission under

subsection (6) or a revocation, suspension or variation, or a

cancellation of a suspension, of such a condition takes effect when

notice in writing of the condition or of the revocation, suspension

or variation, or of the cancellation of the suspension, is served on

the proprietor of the inwards duty free shop to which it relates, or

at such later time (if any) as is specified in the notice, but does not

have effect in relation to any goods delivered to a relevant traveller

before the notice was served.

(9) A condition imposed in respect of a permission under

paragraph (5)(c) or subsection (6) or a revocation, suspension or

variation, or a cancellation of a suspension, of a condition under

subsection (6) may relate to all goods to which the permission

relates or to particular goods to which the permission relates and

may apply either generally or in particular circumstances.

(10) A permission under subsection (3) is subject to the condition that

the proprietor of the inwards duty free shop to which the

permission relates will ensure that relevant travellers to whom

goods are delivered in accordance with the permission are aware of

any conditions of the permission with which they are required to

comply.

(11) If a person who is required to comply with a condition imposed in

respect of a permission under subsection (3) fails to comply with

the condition, the person commits an offence against this Act

punishable upon conviction by a fine not exceeding 60 penalty

units.

(11A) Subsection (11) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

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Section 97

Customs Act 1901 253

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(12) A Collector may, in accordance with the regulations, revoke a

permission given under subsection (3) in relation to the sale of

goods occurring after the revocation.

(13) Where a Collector makes a decision under subsection (3) refusing

to give permission to the proprietor of an inwards duty free shop or

a decision under subsection (12) revoking a permission given

under subsection (3), the Collector shall cause to be served, either

personally or by post, on the proprietor of the shop, a notice in

writing setting out the Collector’s findings on material questions of

fact, referring to the evidence or other material on which those

findings were based and giving the reasons for the decision.

97 Goods for public exhibition

(1) Subject to subsection (3), a Collector may, by writing signed by

him or her, grant to the owner of warehoused goods permission to

take those goods out of the warehouse for the purpose of public

exhibition, testing or a similar purpose without entering the goods

for home consumption.

(2) Permission under subsection (1) shall specify the period during

which the owner of the relevant goods may keep the goods outside

the warehouse.

(3) Permission under subsection (1) for the taking of warehoused

goods out of a warehouse shall not be granted unless security has

been given to the satisfaction of the Collector for the payment, in

the event of the goods not being returned to the warehouse before

the expiration of the period specified in the permission, of the duty

that would have been payable if the goods had been entered for

home consumption on the day on which they were taken out of the

warehouse.

98 Goods blended or packaged in warehouse

Subject to the regulations, where a warehouse licence authorizes

blending or packaging in the warehouse, goods may be blended or

packaged in the warehouse in accordance with, and subject to any

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Section 99

254 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

relevant conditions of, the licence, and goods so blended or

packaged may, subject to the payment of any duty in respect of the

goods the payment of which is required by the regulations, be

delivered for home consumption.

99 Entry of warehoused goods

(1) Warehoused goods may be entered:

(a) for home consumption; or

(b) for export.

(2) Subject to sections 69 and 70, the holder of a warehouse licence

must not permit warehoused goods to be delivered for home

consumption unless:

(a) they have been entered for home consumption; and

(b) an authority to deal with them is in force.

Penalty: 60 penalty units.

(3) Subject to section 96A, the holder of a warehouse licence must not

permit goods to be taken from the warehouse for export unless:

(a) they have been entered for export; and

(b) an authority to deal with them is in force; and

(c) if the goods are, or are included in a class of goods that are,

prescribed by the regulations—the holder of the relevant

warehouse licence has ascertained, from information made

available by a Collector, the matters mentioned in

paragraphs (a) and (b).

Penalty: 60 penalty units.

(4) An offence for a contravention of subsection (3) is an offence of

strict liability.

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Section 100

Customs Act 1901 255

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

100 Entry of goods without warehousing with permission of

Collector

Applying for permission to enter goods without warehousing

(1) A person may apply to the Department for permission for goods

that have been entered for warehousing to be:

(a) further entered in accordance with section 99 without having

been warehoused; and

(b) dealt with in accordance with that further entry as if they had

been warehoused.

(2) An application under subsection (1) may be made by document or

electronically.

(3) A documentary application must:

(a) be communicated to the Department by sending or giving it

to a Collector; and

(b) be in an approved form; and

(c) contain such information as is required by the form; and

(d) be signed in a manner specified in the form.

(4) An electronic application must communicate such information as is

set out in an approved statement.

(5) The Comptroller-General of Customs may approve different forms

for documentary applications, and different statements for

electronic applications, made under this section in different

circumstances or by different classes of persons.

Giving permission to enter goods without warehousing

(6) A Collector must, on receiving an application under subsection (1),

by notice in writing either:

(a) grant the permission, which has effect accordingly; or

(b) refuse to grant the permission.

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Section 101

256 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Giving particulars of further entry to warehouse licence holder

(7) A person who makes a further entry in accordance with a

permission under subsection (6) must, as soon as practicable, give

particulars of the further entry to the holder of the warehouse

licence for the warehouse in which the goods were intended to

have been warehoused.

Penalty: 60 penalty units.

(8) Subsection (7) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

101 Delivery of warehousing authority

(1) Where the owner of goods receives written authority for

warehousing goods in pursuance of an entry for warehousing or

written permission under this Act to warehouse the goods, he or

she shall, as soon as practicable, before the goods are delivered to

the warehouse nominated in the authority or permission, deliver the

authority or permission to the holder of the warehouse licence by

leaving it at the warehouse with a person apparently participating

in the management or control of the warehouse.

Penalty: 30 penalty units.

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

102 Holder of licence to inform Collector of certain matters

(1) Where goods are delivered to a warehouse but documents relating

to those goods required to be delivered to the holder of the

warehouse licence in accordance with this Act are not so delivered

or such documents are so delivered but do not contain sufficient

information to enable the holder to make a record relating to the

goods that he or she is required to make under this Act, the holder

shall, as soon as practicable, inform a Collector of the non-delivery

or inadequacy of those documents, as the case may be.

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Section 102A

Customs Act 1901 257

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Penalty: 30 penalty units.

(2) Where documents relating to goods to be warehoused in a

warehouse are delivered to the holder of the warehouse licence in

accordance with this Act but those goods are not received at the

warehouse within 7 days after the delivery of the documents, the

holder shall, as soon as practicable, inform a Collector of the

non-delivery of those goods.

Penalty: 30 penalty units.

(3) Subsections (1) and (2) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

102A Notices to Department by holder of warehouse licence

(1) This section applies only to goods that are, or are included in a

class of goods that are, prescribed by the regulations.

(2) If goods are to be released from a warehouse for export, the holder

of the warehouse licence must give notice to the Department

electronically, within the period that begins at the prescribed time

and ends at the prescribed time, stating that the goods are to be

released and giving such particulars of the release of the goods as

are required by an approved statement.

(3) If goods that have previously been released from a warehouse for

export are returned to the warehouse, the holder of the warehouse

licence must give notice to the Department electronically, within

the period prescribed by the regulations, stating that the goods have

been returned and giving such particulars of the return of the goods

as are required by an approved statement.

(4) A person who contravenes subsection (2) or (3) commits an

offence punishable, on conviction, by a penalty not exceeding 60

penalty units.

(5) An offence against subsection (4) is an offence of strict liability.

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Part VAAA Cargo terminals

Division 1 Preliminary

Section 102B

258 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Part VAAA—Cargo terminals

Division 1—Preliminary

102B Definitions

In this Part:

cargo handler means a person who is involved in any of the

following activities at a cargo terminal:

(a) the movement of goods subject to customs control into,

within or out of the terminal;

(b) the loading, unloading or handling of goods subject to

customs control at the terminal;

(c) the storage, packing or unpacking of goods subject to

customs control at the terminal.

cargo terminal means a place (other than a depot to which a depot

licence relates or a warehouse to which a warehouse licence

relates), within the limits of a port, airport or wharf, where:

(a) goods are located immediately after being unloaded from a

ship that:

(i) has taken the goods on board at a place outside

Australia; and

(ii) carried the goods to a port or wharf in a State or

Territory where some or all of the goods are unloaded;

or

(b) goods are located immediately after being unloaded from an

aircraft that:

(i) has taken the goods on board at a place outside

Australia; and

(ii) carried the goods to an airport in a State or Territory

where some or all of the goods are unloaded; or

(c) goods are located immediately before being loaded on a ship

or aircraft in which they are to be exported.

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Preliminary Division 1

Section 102BA

Customs Act 1901 259

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

cargo terminal operator, in relation to a cargo terminal, means a

person who manages the cargo terminal.

establishment identification, in relation to a cargo handler and a

port, airport or wharf, means the handler’s identification code

provided by a Collector for the port, airport or wharf.

executive officer of a body corporate means a person, by whatever

name called and whether or not a director of the body, who is

concerned in, or takes part in, the management of the body.

place includes an area, a building and a part of a building.

102BA Meaning of fit and proper person

(1) In deciding whether a natural person is a fit and proper person for

the purposes of this Part, the decision-maker must have regard to:

(a) any conviction of the person of an offence against this Act

committed within the 10 years immediately before the

decision; and

(b) any conviction of the person of an offence punishable by

imprisonment for 1 year or longer:

(i) against another law of the Commonwealth; or

(ii) against a law of a State or Territory;

if that offence was committed within the 10 years

immediately before the decision; and

(c) whether the person has been refused a transport security card,

or has had such a card suspended or cancelled, within the 10

years immediately before the decision; and

(d) if a request has been made of the person under

subsection 102CF(2) and the Comptroller-General of

Customs is considering giving a direction to the person under

Division 5—any misleading statement given by the person in

response to the request.

(2) In deciding whether a company is a fit and proper person for the

purposes of this Part, the decision-maker must have regard to:

(a) any conviction of the company of an offence:

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Division 1 Preliminary

Section 102BA

260 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(i) against this Act; or

(ii) if punishable by a fine of 100 penalty units or more—

against another law of the Commonwealth, or a law of a

State or of a Territory;

committed:

(iii) within the 10 years immediately before the decision;

and

(iv) at a time when any person who is presently a director,

officer or shareholder of the company was such a

director, officer or shareholder; and

(b) whether a receiver of the property, or part of the property, of

the company has been appointed; and

(c) whether the company is under administration within the

meaning of the Corporations Act 2001; and

(d) whether the company has executed, under Part 5.3A of that

Act, a deed of company arrangement that has not yet

terminated.

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Cargo terminals Part VAAA

Obligations of cargo terminal operators Division 2

Section 102C

Customs Act 1901 261

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 2—Obligations of cargo terminal operators

102C Notifying Department of cargo terminal

(1) The cargo terminal operator of a cargo terminal must notify the

Department of:

(a) the terminal managed by the operator; and

(b) the terminal’s physical address.

(2) A notification must:

(a) be in a form approved, in writing, by the

Comptroller-General of Customs for the purposes of this

section; and

(b) provide all the information, and be accompanied by any

documents, required by the form.

102CA Physical security of cargo terminal and goods

(1) The cargo terminal operator of a cargo terminal must ensure:

(a) adequate physical security of the terminal; and

(b) adequate security of goods at the terminal.

(2) At a minimum, the following requirements must be met in relation

to a cargo terminal:

(a) the terminal must be protected by:

(i) adequate fencing; and

(ii) a monitored alarm system;

(b) entry or exit to the terminal must be controlled or limited;

(c) appropriate procedures and methods for ensuring the security

of goods at the terminal must be in place.

(3) The cargo terminal operator of a cargo terminal must give the

Department written notice of any substantial change that would

affect:

(a) the physical security of the terminal; or

(b) the security of goods at the terminal.

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Division 2 Obligations of cargo terminal operators

Section 102CB

262 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(4) A notice must be given at least 30 days before the change occurs,

unless the change is required in response to an emergency or

disaster, in which case a notice must be given as soon as

practicable.

(5) Within 30 days of being requested to do so by an authorised

officer, the cargo terminal operator must provide documentation of

the procedures and methods in place for ensuring the security of

goods at the terminal.

102CB Movement of signs at or near cargo terminal

(1) If an officer of Customs has placed a sign at or near a cargo

terminal, the cargo terminal operator of the terminal must ensure

that the sign is not concealed, moved or removed without the

written approval of an authorised officer.

(2) Subsection (1) does not apply if:

(a) the sign is temporarily moved while maintenance or

construction work is carried out; and

(b) the sign is moved for no more than 5 days.

102CC Notification requirements relating to goods

(1) The cargo terminal operator of a cargo terminal must, within the

time and in the manner mentioned in subsection (2), notify the

Department of any of the following events:

(a) an unauthorised movement of goods subject to customs

control in or from the cargo terminal;

(b) an unauthorised access to goods subject to customs control:

(i) in the cargo terminal; or

(ii) on a ship or aircraft within, or adjacent to, the terminal;

(c) an unauthorised access to an information system, whether

electronic or paper based, relating to goods subject to

customs control;

(d) an enquiry relating to goods subject to customs control from

a person who does not have a commercial connection with

the goods;

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Cargo terminals Part VAAA

Obligations of cargo terminal operators Division 2

Section 102CD

Customs Act 1901 263

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(e) a theft, loss or damage of goods subject to customs control;

(f) a break in and entry, or attempted break in, of the cargo

terminal;

(g) a change that may adversely affect the security of the

terminal;

(h) a suspected breach of a Customs-related law in the cargo

terminal.

(2) The notification of an event must:

(a) be in writing; and

(b) be made as soon as practicable, but not later than 5 days after

the cargo terminal operator becomes aware of the event.

102CD Unclaimed goods

(1) The cargo terminal operator of a cargo terminal must notify the

Department, within the time and in the manner mentioned in

subsection (2), of goods not belonging to the operator that remain

at the terminal for more than 30 days.

(2) The notification must:

(a) be in writing, including:

(i) a description of the goods; and

(ii) the date the goods were received; and

(b) be made no later than 35 days after the date the goods were

received.

102CE Record keeping requirements

(1) The cargo terminal operator of a cargo terminal must keep a record

of each person who enters the terminal.

(2) The record may be kept by electronic means.

(3) The record must include such particulars for each person as are

prescribed by the regulations.

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Division 2 Obligations of cargo terminal operators

Section 102CF

264 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(4) Within 30 days of being requested to do so by an authorised

officer, the cargo terminal operator must provide to the officer the

records kept under this section for the period specified in the

request.

(5) The disclosure of personal information in response to a request by

an authorised officer is taken to be a disclosure that is authorised

by this Act for the purposes of the Privacy Act 1988.

(6) Subsection (1) does not apply in relation to a person who is:

(a) an employee of the cargo terminal operator; or

(b) an officer or employee of, or of an authority of, the

Commonwealth, a State or a Territory.

102CF Fit and proper person

(1) The cargo terminal operator of a cargo terminal must take all

reasonable steps to ensure that:

(a) the operator is a fit and proper person; and

(b) if the operator is a body corporate—each executive officer of

the body corporate is a fit and proper person.

(2) Within 30 days of being requested to do so by an authorised

officer, the cargo terminal operator must provide to the officer

information that would support an assessment that:

(a) the operator is a fit and proper person; and

(b) if the operator is a body corporate—each executive officer of

the body corporate is a fit and proper person.

102CG Adequate training of staff

The cargo terminal operator of a cargo terminal must take all

reasonable steps to educate and train its employees or other persons

involved in the operator’s business to ensure their awareness of the

operator’s responsibilities and obligations in relation to goods

subject to customs control.

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Obligations of cargo terminal operators Division 2

Section 102CH

Customs Act 1901 265

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

102CH Complying with directions

The cargo terminal operator of a cargo terminal must comply with

a written direction given by an authorised officer under

section 102EB.

102CI Responsibility to provide facilities and assistance

The cargo terminal operator of a cargo terminal must provide an

authorised officer with all reasonable facilities and assistance for

the effective exercise of their powers under a Customs-related law.

102CJ Comptroller-General of Customs may impose additional

obligations

The Comptroller-General of Customs may, by legislative

instrument, impose additional obligations on cargo terminal

operators generally if the Comptroller-General of Customs

considers the obligations to be necessary or desirable:

(a) for the protection of the revenue; or

(b) for the purpose of ensuring compliance with the Customs

Acts, any other law of the Commonwealth prescribed by the

regulations or a law of a State or Territory prescribed by the

regulations; or

(c) for any other purpose.

102CK Offence—failure to comply with obligations or requirements

(1) A person commits an offence if:

(a) the person is a cargo terminal operator; and

(b) the person fails to comply with an obligation or requirement:

(i) set out in this Division; or

(ii) set out in a legislative instrument made under

section 102CJ.

Penalty: 60 penalty units.

(2) Subsection (1) is an offence of strict liability.

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Division 2 Obligations of cargo terminal operators

Section 102CK

266 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Note: For strict liability, see section 6.1 of the Criminal Code.

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Cargo terminals Part VAAA

Obligations of cargo handlers Division 3

Section 102D

Customs Act 1901 267

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 3—Obligations of cargo handlers

102D Certain provisions of Division 2 apply

Sections 102CC and 102CF to 102CI apply to a cargo handler in

the same way as they apply to a cargo terminal operator.

102DA Unpacking of goods in containers at cargo terminal

If goods are in a container at a cargo terminal, a cargo handler must

not allow the container to be unpacked without the written

approval of an authorised officer.

102DB Facilitating transhipment or export of goods

If goods are imported into Australia and are subject to customs

control, a cargo handler must not facilitate the transhipment or

export of the goods without the written approval of an authorised

officer.

102DC Using establishment identification when communicating with

Department

(1) When communicating electronically with the Department about

activities undertaken at a port, airport or wharf, a cargo handler

must use his, her or its correct establishment identification for the

port, airport or wharf.

(2) Subsection (1) does not apply in relation to a particular port, airport

or wharf if a cargo handler has the written approval of an

authorised officer for the handler to use a contingency code for the

port, airport or wharf.

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Division 3 Obligations of cargo handlers

Section 102DD

268 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

102DD Comptroller-General of Customs may impose additional

obligations

The Comptroller-General of Customs may, by legislative

instrument, impose additional obligations on cargo handlers

generally if the Comptroller-General of Customs considers the

obligations to be necessary or desirable:

(a) for the protection of the revenue; or

(b) for the purpose of ensuring compliance with the Customs

Acts, any other law of the Commonwealth prescribed by the

regulations or a law of a State or Territory prescribed by the

regulations; or

(c) for any other purpose.

102DE Offence—failure to comply with obligations or requirements

(1) A person commits an offence if:

(a) the person is a cargo handler; and

(b) the person fails to comply with an obligation or requirement:

(i) set out in section 102CC, 102CF, 102CG, 102CH or

102CI; or

(ii) set out in this Division; or

(iii) set out in a legislative instrument made under

section 102DD.

Penalty: 60 penalty units.

Note: For subparagraph (b)(i), see section 102D.

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

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Powers of authorised officers Division 4

Section 102E

Customs Act 1901 269

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 4—Powers of authorised officers

102E General powers

(1) For the purpose of determining whether a provision of any

Customs-related law has been, or is being, complied with, an

authorised officer may enter a cargo terminal and exercise the

following powers:

(a) the power to inspect any document at the terminal;

(b) the power to take extracts from, or make copies of, any such

document;

(c) the power to take into the terminal such equipment and

materials as the authorised person requires for the purpose of

exercising powers under a Customs-related law in relation to

the terminal.

(2) While at a cargo terminal, an authorised officer may:

(a) access electronic equipment at the terminal; and

(b) use a disk, tape or other storage device that:

(i) is at the terminal; or

(ii) can be used with the equipment or is associated with it;

if the authorised officer has reasonable grounds for suspecting that

the electronic equipment, disk, tape or other storage device is or

contains information relating to a matter mentioned in

subsection (3).

(3) For the purposes of subsection (2), the matters are:

(a) the unloading of goods subject to customs control from a ship

or aircraft or their movement to a particular part of the cargo

terminal; or

(b) the receipt of goods subject to customs control at the cargo

terminal; or

(c) access to goods subject to customs control:

(i) in the cargo terminal; or

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Section 102EA

270 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(ii) on a ship or aircraft within, or adjacent to, the terminal;

or

(d) the security of goods subject to customs control in the cargo

terminal; or

(e) where goods subject to customs control are stacked in the

terminal; or

(f) ship bay plans relating to the terminal; or

(g) the rostering and attendance of staff at the terminal.

102EA Power to make requests

(1) An authorised officer may request, in writing, that a cargo terminal

operator of a cargo terminal:

(a) provide documentation to the officer of the procedures and

methods in place for ensuring the security of goods at the

terminal; or

(b) provide to the officer the records relating to each person who

enters the terminal for the period specified in the request.

(2) An authorised officer may request, in writing, that a cargo terminal

operator of a cargo terminal or a cargo handler:

(a) provide information to the officer that would support an

assessment that:

(i) the operator or handler is a fit and proper person; and

(ii) if the operator or handler is a body corporate—each

executive officer of the body corporate is a fit and

proper person; or

(b) give the officer access to electronic equipment at the terminal

for the purpose of obtaining information relating to a matter

mentioned in subsection 102E(3).

102EB Power to give directions

Directions relating to cargo terminals

(1) An authorised officer may give a written direction to a cargo

terminal operator of a cargo terminal requiring the operator to:

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Section 102EB

Customs Act 1901 271

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) carry out remedial work at or near the terminal to address

security concerns; or

(b) install a closed-circuit television system for the terminal; or

(c) keep all footage from a closed-circuit television system.

Directions relating to goods

(2) An authorised officer may give a written direction to:

(a) a cargo terminal operator of a cargo terminal; or

(b) a cargo handler in relation to a cargo terminal.

(3) A direction given under subsection (2) may relate to all or any of

the following:

(a) the movement of goods subject to customs control into,

within or out of the terminal;

(b) the loading, unloading or handling of goods subject to

customs control at the terminal;

(c) the storage, packing or unpacking of goods subject to

customs control at the terminal.

(4) A direction given under subsection (1) or (2) is not a legislative

instrument.

Other directions

(5) An authorised officer may, for the purpose of:

(a) preventing interference with goods subject to customs control

at a cargo terminal; or

(b) preventing interference with the exercise of the powers or the

performance of the functions of the authorised person or

another authorised person in respect of a cargo terminal or of

goods subject to customs control at the terminal;

give directions to any person at the terminal.

(6) If a direction is given under subsection (5) in writing, the direction

is not a legislative instrument.

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Division 5 Directions to cargo terminal operators or cargo handlers

Section 102F

272 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 5—Directions to cargo terminal operators or

cargo handlers

102F Directions to cargo terminal operators or cargo handlers etc.

(1) The Comptroller-General of Customs may give a written direction

to:

(a) a cargo terminal operator; or

(b) if a cargo terminal operator is a body corporate—an

executive officer of the operator;

that the person may not be involved, either indefinitely or for a

specified period, in any way in the loading, unloading, handling or

storage of goods subject to customs control in the terminal.

(2) The Comptroller-General of Customs may give a written direction

to:

(a) a cargo handler; or

(b) if a cargo handler is a body corporate—an executive officer

of the handler;

that the person may not be involved, either indefinitely or for a

specified period, in any way in the loading, unloading, handling or

storage of goods subject to customs control in a cargo terminal

specified in the direction.

(3) Before giving a direction, the Comptroller-General of Customs

must be satisfied that:

(a) the person to whom the direction will be given is not a fit and

proper person; or

(b) the direction is necessary:

(i) for the protection of the revenue; or

(ii) for the purpose of ensuring compliance with the

Customs Acts, any other law of the Commonwealth

prescribed by the regulations or a law of a State or

Territory prescribed by the regulations.

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Directions to cargo terminal operators or cargo handlers Division 5

Section 102FA

Customs Act 1901 273

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

102FA Offence—failure to comply with direction

(1) A person commits an offence if:

(a) the person is given a direction under section 102F; and

(b) the person fails to comply with the direction.

Penalty: 100 penalty units.

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

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Part VA Special provisions relating to beverages

Section 103

274 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Part VA—Special provisions relating to beverages

103 Interpretation

In this Part:

bulk container means a container that has the capacity to have

packaged in it more than 2 litres of customable beverage.

container means any article capable of holding liquids.

customable beverage means like customable goods:

(a) that are described in Chapter 22 of Schedule 3 to the

Customs Tariff; and

(b) that are prescribed by the regulations for the purposes of this

definition.

104 Customable beverage imported in bulk must be entered for

warehousing

All customable beverage imported into Australia in bulk containers

must initially be entered for warehousing under subsection 68(2) or

(3).

105 Certain customable beverage not to be entered for home

consumption in bulk containers without approval of

Comptroller-General of Customs

(1) Customable beverage that has been imported into Australia in bulk

containers and entered for warehousing must not be entered for

home consumption unless:

(a) the customable beverage has been repackaged in containers

other than bulk containers; or

(b) the Comptroller-General of Customs, by notice in writing,

permits the customable beverage to be entered for home

consumption packaged in bulk containers.

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Section 105A

Customs Act 1901 275

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(2) The Comptroller-General of Customs must not permit customable

beverage that has been imported into Australia in bulk containers

and initially entered for warehousing to be subsequently entered

for home consumption purposes in bulk containers unless:

(a) the containers have a capacity of not more than 20 litres or

such other volume as the Comptroller-General of Customs

approves in writing; and

(b) the Comptroller-General of Customs is satisfied that the

customable beverage will not be repackaged in any other

container for the purposes of retail sale.

105A Delivery from customs control of brandy, whisky or rum

(1) Brandy, whisky or rum imported into Australia must not be

delivered from customs control unless a Collector is satisfied that it

has been matured by storage in wood for at least 2 years.

(2) In this section:

brandy means a spirit distilled from grape wine in such a manner

that the spirit possesses the taste, aroma and other characteristics

generally attributed to brandy.

grape wine has the same meaning as in Subdivision 31-A of the A

New Tax System (Wine Equalisation Tax) Act 1999.

rum means a spirit obtained by the distillation of a fermented

liquor derived from the products of sugar cane, being distillation

carried out in such a manner that the spirit possesses the taste,

aroma and other characteristics generally attributed to rum.

whisky means a spirit obtained by the distillation of a fermented

liquor of a mash of cereal grain in such a manner that the spirit

possesses the taste, aroma and other characteristics generally

attributed to whisky.

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Part VAA Special provisions relating to excise-equivalent goods

Section 105B

276 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Part VAA—Special provisions relating to

excise-equivalent goods

105B Extinguishment of duty on excise-equivalent goods

Extinguishing duty on excise-equivalent goods

(1) The liability to pay import duty on excise-equivalent goods is

wholly or partly extinguished if:

(a) the goods are entered for warehousing; and

(b) excisable goods are manufactured and the excise-equivalent

goods are used in that manufacture; and

(c) the excise-equivalent goods are subject to customs control at

the time they are used in that manufacture; and

(d) that manufacture occurs at a place that is both:

(i) a warehouse described in a warehouse licence granted

under Part V of this Act; and

(ii) premises specified in a manufacturer licence granted

under the Excise Act 1901.

(1A) The liability is:

(a) wholly extinguished unless paragraph (b) applies; or

(b) if the excise-equivalent goods are a biofuel blend—

extinguished except for an amount equal to any duty that

would have been payable on the biofuel constituents of the

blend if they had not been included in the blend.

(2) The liability is so extinguished at the time the excisable goods are

manufactured.

Exceptions

(3) Subsection (1) does not apply to an amount of duty if:

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Section 105C

Customs Act 1901 277

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) it is calculated as a percentage of the value of the

excise-equivalent goods because of section 9 of the Customs

Tariff Act 1995; or

(b) the excise-equivalent goods are classified to:

(i) subheading 2207.20.10 (denatured ethanol) or

3826.00.10 (biodiesel) of Schedule 3 to the Customs

Tariff Act 1995; or

(ii) an item in the table in Schedule 5, 6, 7, 8, 9, 10, 11 or

12 to that Act that relates to a subheading mentioned in

subparagraph (i).

Note: Subsection 105C(2) deals with the payment of the amount.

Definitions

(4) In this section:

biofuel blend means goods classified to:

(a) subheading 2710.12.62, 2710.19.22, 2710.20.00, 2710.91.22,

2710.91.62, 2710.91.80, 2710.99.22, 2710.99.62,

2710.99.80, 3824.99.30, 3824.99.40 or 3826.00.20 of

Schedule 3 to the Customs Tariff Act 1995; or

(b) an item in the table in Schedule 5, 6, 7, 8, 9, 10, 11 or 12 to

that Act that relates to a subheading mentioned in

paragraph (a).

biofuel constituent, for a biofuel blend, means a constituent of the

blend that is:

(a) biodiesel; or

(b) denatured ethanol;

(within the meaning of the subheading of Schedule 3 to the

Customs Tariff Act 1995 to which the blend is classified or relates).

105C Returns

(1) This section applies if:

(a) excisable goods are manufactured within a manufacture

period; and

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Section 105C

278 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) excise-equivalent goods are used in that manufacture

(whether or not in that period); and

(c) the excise-equivalent goods are subject to customs control at

the time they are used in that manufacture; and

(d) that manufacture occurs at a place that is both:

(i) a warehouse described in a warehouse licence granted

under Part V of this Act; and

(ii) premises specified in a manufacturer licence granted

under the Excise Act 1901.

(2) The legal owner of the excise-equivalent goods at the time they are

used in that manufacture must:

(a) give the Department a return within 8 days after the end of

the manufacture period, providing particulars in accordance

with section 71K or 71L in relation to the excise-equivalent

goods; and

(b) at the time when each return is given to the Department, pay

any amount of duty referred to in paragraph 105B(1A)(b) or

subsection 105B(3) that is owing at the rate applicable at the

time the excisable goods are manufactured.

Penalty: 60 penalty units.

(3) Subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) In this section:

manufacture period means:

(a) a 7-day period beginning on a Monday; or

(b) if the regulations prescribe a different period for the purposes

of this definition—that period.

(5) If the regulations do prescribe such a different period, the

regulations may also prescribe matters of a transitional nature

relating to the change to the different period.

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Section 105D

Customs Act 1901 279

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

105D GST matters

(1) This section applies if:

(a) excise-equivalent goods are entered for warehousing; and

(b) excisable goods are manufactured and the excise-equivalent

goods are used in that manufacture; and

(c) the excise-equivalent goods are subject to customs control at

the time they are used in that manufacture.

Taxable importation

(2) For the purposes of the GST Act, the importer of the

excise-equivalent goods is taken to have entered them for home

consumption at the time the excisable goods are manufactured.

Note: Section 13-5 of the GST Act deals with taxable importations of goods

entered for home consumption.

Deferred payment of GST

(3) If the importer of the excise-equivalent goods is an approved entity

at the time the excisable goods are manufactured, then for the

purposes of the GST Act and the GST regulations the importer is

taken to have entered the excise-equivalent goods for home

consumption by computer at that time.

Note: Regulations made for the purposes of paragraph 33-15(1)(b) of the

GST Act deal with deferred payment of assessed GST on taxable

importations and require goods to have been entered for home

consumption by computer.

Definitions

(4) In this section:

approved entity means an entity approved under regulations made

for the purposes of paragraph 33-15(1)(b) of the GST Act.

GST regulations means the A New Tax System (Goods and

Services Tax) Regulations 1999.

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Section 105E

280 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

105E Use of excise-equivalent goods in the manufacture of excisable

goods to occur at a dual-licensed place

A person must not use excise-equivalent goods subject to customs

control in the manufacture of excisable goods unless that

manufacture occurs at a place that is both:

(a) a warehouse described in a warehouse licence granted under

Part V of this Act; and

(b) premises specified in a manufacturer licence granted under

the Excise Act 1901.

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Information about persons departing Australia Part VB

Reports on departing persons Division 1

Section 106A

Customs Act 1901 281

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Part VB—Information about persons departing

Australia

Division 1—Reports on departing persons

Subdivision A—Reports on departing persons

106A Ships and aircraft to which this Subdivision applies

(1) This Subdivision applies to a ship or aircraft of a kind prescribed

by regulations made for the purposes of this section, if the ship or

aircraft is due to depart:

(a) from a place in Australia at the beginning of a journey to a

place outside Australia (whether or not the journey will

conclude outside Australia); or

(b) from a place in Australia in the course of such a journey.

(2) Regulations made for the purposes of this section may specify

kinds of ships or aircraft by reference to particular matters,

including any or all of the following matters:

(a) the type, size or capacity of the ship or aircraft;

(b) the kind of operation or service in which the aircraft or ship

will be engaged on journeys from Australia;

(c) other circumstances relating to the ship or aircraft or its use,

or relating to the operator of the ship or aircraft.

106B Report 48 hours before ship or aircraft is due to depart

(1) At least 48 hours (but no more than 72 hours) before the time the

ship or aircraft is due to depart from the place, the operator of the

ship or aircraft must report to the Department, in accordance with

Subdivision C, on the persons:

(a) who, at the time the report is made, are expected to be on

board the ship or aircraft when it departs from the place; and

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Division 1 Reports on departing persons

Section 106C

282 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) who are not identified (or to be identified) in a report made

(or to be made) in relation to the ship’s or aircraft’s earlier

departure from another place in the course of the same

journey.

(2) The operator of the ship or aircraft commits an offence if the

operator intentionally contravenes subsection (1).

Penalty: 120 penalty units.

(3) The operator of the ship or aircraft commits an offence if the

operator contravenes subsection (1).

Penalty: 60 penalty units.

(4) Strict liability applies to an offence against subsection (3).

Note: For strict liability, see section 6.1 of the Criminal Code.

106C Report 4 hours before ship or aircraft is due to depart

(1) At least 4 hours (but no more than 10 hours) before the time the

ship or aircraft is due to depart from the place, the operator of the

ship or aircraft must report to the Department, in accordance with

Subdivision C:

(a) on the persons:

(i) who, at the time the report is made, are expected to be

on board the ship or aircraft when it departs from the

place; and

(ii) who are not identified in a report made by the operator

in relation to the ship’s or aircraft’s departure from the

place under section 106B; and

(iii) who are not identified (or to be identified) in a report

made (or to be made) in relation to the ship’s or

aircraft’s earlier departure from another place in the

course of the same journey; or

(b) if there are no persons covered by paragraph (a)—that there

are no persons to report.

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Reports on departing persons Division 1

Section 106D

Customs Act 1901 283

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(2) The operator of the ship or aircraft commits an offence if the

operator intentionally contravenes subsection (1).

Penalty: 120 penalty units.

(3) The operator of the ship or aircraft commits an offence if the

operator contravenes subsection (1).

Penalty: 60 penalty units.

(4) Strict liability applies to an offence against subsection (3).

Note: For strict liability, see section 6.1 of the Criminal Code.

106D Report just before ship or aircraft departs

(1) Before the ship or aircraft departs from the place, the operator must

report to the Department, in accordance with Subdivision C:

(a) on the persons:

(i) who will be on board the ship or aircraft when it departs

from the place; and

(ii) who are not identified in a report made by the operator

in relation to the ship’s or aircraft’s departure from the

place under section 106B or 106C; and

(iii) who are not identified in a report made in relation to the

ship’s or aircraft’s earlier departure from another place

in the course of the same journey; or

(b) if there are no persons covered by paragraph (a)—that there

are no persons to report.

(2) The operator of the ship or aircraft commits an offence if the

operator intentionally contravenes subsection (1).

Penalty: 120 penalty units.

(3) The operator of the ship or aircraft commits an offence if the

operator contravenes subsection (1).

Penalty: 60 penalty units.

(4) Strict liability applies to an offence against subsection (3).

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Part VB Information about persons departing Australia

Division 1 Reports on departing persons

Section 106E

284 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Note: For strict liability, see section 6.1 of the Criminal Code.

Subdivision B—Reports on matters in approved statement

106E Ships and aircraft to which this Subdivision applies

(1) This Subdivision applies to a ship or aircraft of a kind prescribed

by regulations made for the purposes of this section, if the ship or

aircraft is due to depart:

(a) from a place in Australia at the beginning of a journey to a

place outside Australia (whether or not the journey will

conclude outside Australia); or

(b) from a place in Australia in the course of such a journey.

(2) Regulations made for the purposes of this section may specify

kinds of ships or aircraft by reference to particular matters,

including any or all of the following matters:

(a) the type, size or capacity of the ship or aircraft;

(b) the kind of operation or service in which the aircraft or ship

will be engaged on journeys from Australia;

(c) other circumstances relating to the ship or aircraft or its use,

or relating to the operator of the ship or aircraft.

106F Reports on matters in approved statement

The operator of the ship or aircraft must report to the Department,

in accordance with Subdivision C:

(a) not later than the prescribed period or periods before the

ship’s or aircraft’s departure from a place; or

(b) at the time of a prescribed event or events; or

(c) at the prescribed time or times.

Subdivision C—How reports under this Division are to be made

106G Reports to be made electronically

(1) A report under this Division must:

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Information about persons departing Australia Part VB

Reports on departing persons Division 1

Section 106H

Customs Act 1901 285

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) be made:

(i) electronically, using a system (if any) approved by the

Comptroller-General of Customs by legislative

instrument for the purposes of this subparagraph; or

(ii) using a format or method approved by the

Comptroller-General of Customs by legislative

instrument for the purposes of this subparagraph; and

(b) contain the information set out in an approved statement.

(2) An operator who reports electronically under

subparagraph (1)(a)(i) is taken to have reported to the Department

when a Collector sends an acknowledgment of the report to the

person identified in the report as having made it.

(3) An operator who reports using a format or method approved under

subparagraph (1)(a)(ii) is taken to have reported to the Department

when the report is given to an officer doing duty in relation to ships

and aircraft due to depart.

(4) The Comptroller-General of Customs may approve different

systems, formats or methods under subparagraphs (1)(a)(i) and (ii)

to be used for different kinds of operators or in different

circumstances.

106H Reports to be made by document if approved electronic

system or other approved format or method unavailable

(1) Despite section 106G, if, when an operator is required to report

under this Division:

(a) a system approved under subparagraph 106G(1)(a)(i) is not

working; and

(b) the operator is not able to use a format or method approved

under subparagraph 106G(1)(a)(ii);

the report must:

(c) be made by document in writing; and

(d) be in an approved form; and

(e) contain the information required by the approved form; and

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Part VB Information about persons departing Australia

Division 1 Reports on departing persons

Section 106I

286 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(f) be signed in the manner specified by the approved form; and

(g) be communicated to the Department by sending or giving it

to an officer doing duty in relation to the reporting of ships or

aircraft due to depart.

(2) A documentary report is taken to have been made when it is sent or

given to the Department in the prescribed manner.

106I Comptroller-General of Customs may approve different

statements or forms

(1) The Comptroller-General of Customs may approve, under

section 4A, different statements for the purposes of this Division,

for reports:

(a) made by different kinds of operators; or

(b) relating to different kinds of ships or aircraft; or

(c) made in different circumstances; or

(d) made in relation to different classes of persons who are

expected to be, or who will be, on board a ship or aircraft.

(2) The Comptroller-General of Customs may approve, under

section 4A, different forms for the purposes of this Division, for

reports:

(a) made by different kinds of operators; or

(b) relating to different kinds of ships or aircraft; or

(c) made in different circumstances; or

(d) made in relation to different classes of persons who are

expected to be, or who will be, on board a ship or aircraft.

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Questions about departing persons Division 2

Section 106J

Customs Act 1901 287

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 2—Questions about departing persons

106J Officers may question operators about departing persons

If a ship or aircraft is due to depart or is departing Australia, or has

already departed Australia, an officer may require the operator of

the ship or aircraft:

(a) to answer questions about the persons who are expected to be

on board, or who are or were on board, the ship or aircraft; or

(b) to produce documents relating to those persons.

Note: Failing to answer a question or produce a document when required to

do so by an officer may be an offence (see sections 243SA and

243SB).

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Part VI The exportation of goods

Division 1AAA Preliminary

Section 107

288 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Part VI—The exportation of goods

Division 1AAA—Preliminary

107 Obligations under this Part may be satisfied in accordance with

a trusted trader agreement

(1) An entity is released from an obligation that the entity would

otherwise be required to satisfy under a provision of this Part

(other than Division 1) if the obligation:

(a) is of a kind prescribed by rules for the purposes of Part XA;

and

(b) is specified in those rules as an obligation from which an

entity may be released; and

(c) is specified in a trusted trader agreement between the

Comptroller-General of Customs and the entity.

(2) If:

(a) an obligation must be satisfied under a provision of this Part

(other than Division 1); and

(b) the obligation:

(i) is of a kind prescribed by rules for the purposes of

Part XA; and

(ii) is specified in those rules as an obligation that may be

satisfied in a way other than required by this Part; and

(iii) is specified in a trusted trader agreement between the

Comptroller-General of Customs and an entity;

then, despite the relevant provision, the entity may satisfy the

obligation in the way specified in the trusted trader agreement.

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The exportation of goods Part VI

Prohibited exports Division 1

Section 112

Customs Act 1901 289

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 1—Prohibited exports

112 Prohibited exports

(1) The Governor-General may, by regulation, prohibit the exportation

of goods from Australia.

(2) The power conferred by subsection (1) may be exercised:

(a) by prohibiting the exportation of goods absolutely;

(aa) by prohibiting the exportation of goods in specified

circumstances;

(b) by prohibiting the exportation of goods to a specified place;

or

(c) by prohibiting the exportation of goods unless specified

conditions or restrictions are complied with.

(2A) Without limiting the generality of paragraph (2)(c), the regulations:

(aa) may identify the goods to which the regulations relate by

reference to their inclusion:

(i) in a list or other document formulated by a Minister and

published in the Gazette or otherwise; or

(ii) in that list or other document as amended by the

Minister and in force from time to time; and

(a) may provide that the exportation of the goods is prohibited

unless a licence, permission, consent or approval to export

the goods or a class of goods in which the goods are included

has been granted as prescribed by the regulations made under

this Act or the Therapeutic Goods Act 1989; and

(b) in relation to licences or permissions granted as prescribed by

regulations made under this Act—may make provision for

and in relation to:

(i) the assignment of licences or permissions so granted or

of licences or permissions included in a prescribed class

of licences or permissions so granted; and

(ii) the granting of a licence or permission to export goods

subject to compliance with conditions or requirements,

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Division 1 Prohibited exports

Section 112

290 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

either before or after the exportation of the goods, by

the holder of the licence or permission at the time the

goods are exported; and

(iii) the surrender of a licence or permission to export goods

and, in particular, without limiting the generality of the

foregoing, the surrender of a licence or permission to

export goods in exchange for the granting to the holder

of the surrendered licence or permission of another

licence or permission or other licences or permissions to

export goods; and

(iv) the revocation of a licence or permission that is granted

subject to a condition or requirement to be complied

with by a person for failure by the person to comply

with the condition or requirement, whether or not the

person is charged with an offence against

subsection (2B) in respect of the failure; and

(v) the revocation of a licence or permission to export

goods if the Defence Minister is satisfied that the

exportation of the goods would prejudice the security,

defence or international relations of Australia.

(2AA) Where a Minister makes an amendment to a list or other document:

(a) that is formulated and published by the Minister; and

(b) to which reference is made in regulations made for the

purposes of paragraph (2)(c);

the amendment is a legislative instrument.

(2B) A person commits an offence if:

(a) a licence or permission has been granted, on or after

10 November 1977, under the regulations; and

(b) the licence or permission relates to goods that are not

narcotic goods; and

(c) the licence or permission is subject to a condition or

requirement to be complied with by the person; and

(d) the person engages in conduct; and

(e) the person’s conduct contravenes the condition or

requirement.

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Section 112A

Customs Act 1901 291

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Penalty: 100 penalty units.

(2BA) Subsection (2B) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(2BB) Absolute liability applies to paragraph (2B)(a), despite

subsection (2BA).

Note: For absolute liability, see section 6.2 of the Criminal Code.

(2BC) A person commits an offence if:

(a) a licence or permission has been granted, on or after

10 November 1977, under the regulations; and

(b) the licence or permission relates to goods that are narcotic

goods; and

(c) the licence or permission is subject to a condition or

requirement to be complied with by the person; and

(d) the person engages in conduct; and

(e) the person’s conduct contravenes the condition or

requirement.

Penalty: Imprisonment for 2 years or 20 penalty units, or both.

(2BE) Absolute liability applies to paragraph (2BC)(a).

Note: For absolute liability, see section 6.2 of the Criminal Code.

112A Certain controlled substances taken to be prohibited exports

(1) Subsection (2) applies if a substance or plant is determined, under

section 301.13 of the Criminal Code (which deals with emergency

Ministerial determinations of serious drugs), to be a border

controlled drug or a border controlled plant.

(2) For the period during which the determination has effect, Part 1 of

Schedule 8 to the Customs (Prohibited Exports) Regulations 1958

has effect as if the substance or plant were described as a drug in

that Part.

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Part VI The exportation of goods

Division 1 Prohibited exports

Section 112B

292 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(3) Subsection (4) applies if a substance is determined, under

section 301.14 of the Criminal Code (which deals with emergency

Ministerial determinations of serious drug precursors), to be a

border controlled precursor.

(4) For the period during which the determination has effect, Part 1 of

Schedule 9 to the Customs (Prohibited Exports) Regulations 1958

has effect as if the substance were described as a precursor

substance in that Part.

112B Invalidation of licence, permission etc. for false or misleading

information

A licence, permission, consent or approval granted in respect of the

exportation of UN-sanctioned goods is taken never to have been

granted if:

(a) an application for the licence, permission, consent or

approval was made in an approved form; and

(b) information contained in, or information or a document

accompanying, the form:

(i) was false or misleading in a material particular; or

(ii) omitted any matter or thing without which the

information or document is misleading in a material

particular.

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The exportation of goods Part VI

Export of goods for a military end-use Division 1AA

Section 112BA

Customs Act 1901 293

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 1AA—Export of goods for a military end-use

112BA Notice prohibiting export

(1) If:

(a) the Defence Minister suspects that, if a person (the first

person) were to export particular goods to a particular place

or to a particular person, the goods would or may be for a

military end-use that would prejudice the security, defence or

international relations of Australia; and

(b) the goods are not prohibited exports under section 112;

the Defence Minister may give the first person a notice prohibiting

the first person from exporting the goods to the particular place or

particular person.

Note: Section 112BB deals with giving notices under this section.

Reasons for notice

(2) A notice given to a person under subsection (1) must set out the

Defence Minister’s reasons for giving the notice.

(3) The notice must not disclose any reasons whose disclosure the

Defence Minister believes would prejudice the security, defence or

international relations of Australia.

(4) If reasons are not disclosed in a notice under subsection (1)

because of subsection (3), that fact must be stated in the notice.

Period notice in force

(5) A notice given to a person under subsection (1) comes into force at

the time the person receives the notice. This subsection is subject

to subsection (7).

(6) A notice given to a person under subsection (1) remains in force

for the period specified in, or worked out in accordance with, the

notice (which must not be more than 12 months), unless revoked

earlier.

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Part VI The exportation of goods

Division 1AA Export of goods for a military end-use

Section 112BA

294 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Later notices

(7) A notice may be given to a person under subsection (1) while an

earlier notice given to the person under subsection (1) is in force.

The later notice may be expressed to come into force at the time

the earlier notice ceases to be in force.

(8) Subsection (7) does not prevent a notice being given to a person

under subsection (1) after an earlier notice given to the person

under subsection (1) ceases to be in force.

Notice not a legislative instrument

(9) A notice under subsection (1) is not a legislative instrument.

Revoking a notice

(10) The Defence Minister may, by writing, revoke a notice given to a

person under subsection (1).

(11) The Defence Minister must give the person notice of the

revocation. The revocation takes effect at the time the person

receives the notice.

Note: Section 112BB deals with giving notices under this section.

Offence

(12) A person commits an offence if:

(a) the person exports goods to a particular place or particular

person; and

(b) the export contravenes a notice that is in force under

subsection (1); and

(c) the person knows of the contravention.

Penalty: Imprisonment for 10 years or 2,500 penalty units, or

both.

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The exportation of goods Part VI

Export of goods for a military end-use Division 1AA

Section 112BB

Customs Act 1901 295

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Definition

(13) In this section:

military end-use: goods are or may be for a military end-use if the

goods are or may be for use in operations, exercises or other

activities conducted by an armed force or an armed group, whether

or not the armed force or armed group forms part of the armed

forces of the government of a foreign country.

112BB How notices are to be given

(1) A notice given to a person under section 112BA must be given by

one of the methods prescribed by the regulations.

(2) If a notice is given to a person under section 112BA by one of

those methods, then, for the purposes of this Act, the person is

taken to have received the notice at the time prescribed by, or

worked out in accordance with, the regulations.

(3) This section has effect despite any provision in the Electronic

Transactions Act 1999.

112BC Statement to Parliament

As soon as practicable after the end of each financial year, the

Defence Minister must cause a statement to be tabled in each

House of the Parliament about the exercise of the Defence

Minister’s powers under this Division during that year (whether or

not the statement is part of an annual report).

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Part VI The exportation of goods

Division 1A Directions in relation to goods for export etc. that are subject to customs

control

Section 112C

296 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 1A—Directions in relation to goods for export etc.

that are subject to customs control

112C Collector may give directions in relation to goods for export

etc. that are subject to customs control

(1) A Collector may give a written direction to move or not move, or

about the storage of, goods that are subject to customs control

under paragraph 30(1)(b), (c), (d) or (e) if the direction is:

(a) for the protection of the revenue; or

(b) for the purpose of ensuring compliance with the Customs

Acts, any other law of the Commonwealth prescribed by the

regulations or a law of a State or Territory prescribed by the

regulations.

(2) The direction may be given to:

(a) the person who made an export declaration in relation to the

goods; or

(b) the owner of the goods; or

(c) if the goods are in a place prescribed for the purposes of

paragraph 30(1)(d) or (e)—the person apparently in charge of

the place, or part of such a place; or

(d) a person who takes delivery of the goods at a wharf or

airport; or

(e) a person engaged to load the goods on a ship or aircraft.

(3) This section does not limit the directions that a Collector may give

under section 77Y.

112D Compliance with a direction given under section 112C

(1) A person commits an offence if:

(a) the person is given a direction under section 112C; and

(b) the person intentionally refuses or fails to comply with the

direction.

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The exportation of goods Part VI

Directions in relation to goods for export etc. that are subject to customs control

Division 1A

Section 112D

Customs Act 1901 297

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Penalty: 120 penalty units.

(2) A person commits an offence if:

(a) the person is given a direction under section 112C; and

(b) the person refuses or fails to comply with the direction.

Penalty: 60 penalty units.

(3) An offence against subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

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Part VI The exportation of goods

Division 2 Entry and clearance of goods for export

Section 113

298 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 2—Entry and clearance of goods for export

Subdivision A—Preliminary

113 Entry of goods for export

(1) The owner of goods intended for export:

(a) must ensure that the goods are entered for export; and

(b) must not allow the goods:

(i) if the goods are a ship or aircraft that is to be exported

otherwise than in a ship or aircraft—to leave the place

of exportation; or

(ii) if the goods are other goods—to be loaded on the ship

or aircraft in which they are to be exported;

unless:

(iii) an authority to deal with them is in force; or

(iv) the goods are, or are included in a class of goods that

are, excluded by the regulations from the application of

this paragraph.

Penalty: 60 penalty units.

(1A) An offence against subsection (1) is an offence of strict liability.

(2) Subsection (1) does not apply to:

(a) goods that are accompanied or unaccompanied personal or

household effects of a passenger in, or a member of the crew

of, a ship or aircraft; and

(b) goods (other than prescribed goods) constituting, or included

in, a consignment that:

(i) is consigned by post, by ship or by aircraft from one

person to another; and

(ii) has an FOB value not exceeding $2,000 or such other

amount as is prescribed.

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Entry and clearance of goods for export Division 2

Section 113AA

Customs Act 1901 299

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(d) containers that are the property of a person carrying on

business in Australia and that are exported on a temporary

basis to be re-imported, whether empty or loaded; and

(e) containers that are intended for use principally in the

international carriage of goods, other than containers that,

when exported from Australia, cease, or are intended to

cease, to be the property of a natural person resident, or a

body corporate incorporated, in Australia; and

(f) goods that, under the regulations, are exempted from this

section, either absolutely or on such terms and conditions as

are specified in the regulations.

(2A) However, subsection (2) does not exempt from subsection (1)

goods for the export of which a permission (however described) is

required by an Act or an instrument made under an Act, other than

goods or classes of goods prescribed by the regulations for the

purposes of this subsection.

(3) For the purposes of paragraph (2)(a), goods:

(a) in quantities exceeding what could reasonably be expected to

be required by a passenger or member of the crew of a ship

or aircraft for his or her own use; or

(b) that are, to the knowledge or belief of a passenger or a

member of the crew of a ship or aircraft, to be sold, or used

in the course of trading, outside Australia;

are not included in the personal or household effects of that

passenger or crew member.

113AA How an entry of goods for export is made

An entry of goods for export is made by making in respect of the

goods an export declaration other than a declaration that a

Collector refuses under subsection 114(8) to accept.

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Part VI The exportation of goods

Division 2 Entry and clearance of goods for export

Section 114

300 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Subdivision B—Export declarations

114 Making an export declaration

(1) An export declaration is a communication to the Department in

accordance with this section of information about goods that are

intended for export.

(2) An export declaration can be communicated by document or

electronically.

(3) A documentary export declaration:

(a) can be made only by the owner of the goods concerned; and

(b) must be communicated to the Department by giving or

sending it to an officer doing duty in relation to export

declarations; and

(c) must be in an approved form; and

(d) must contain such information as is required by the form; and

(e) must be signed by the person making it.

(4) An electronic export declaration must communicate such

information as is set out in an approved statement.

(5) If the information communicated to the Department in an export

declaration relating to goods adequately identifies any permission

(however it is described) that has been given for the exportation of

those goods, the identification of the permission in that information

is taken, for the purposes of any law of the Commonwealth

(including this Act), to be the production of the permission to an

officer.

(6) However, subsection (5) does not affect any power of an officer,

under this Act, to require the production of a permission referred to

in that subsection.

(7) When, in accordance with section 119D, an export declaration is

taken to have been communicated to the Department, the goods to

which the declaration relates are taken to have been entered for

export.

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Entry and clearance of goods for export Division 2

Section 114A

Customs Act 1901 301

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(8) A Collector may refuse to accept or deal with an export declaration

in circumstances prescribed by the regulations.

(9) A Collector must communicate a refusal to accept or deal with an

export declaration by notice given by document or electronically to

the person who made the declaration.

114A An officer may seek additional information

(1) Without limiting the information that may be required to be

included in an export declaration, if an export declaration has been

made in respect of goods, authority to deal with the goods in

accordance with the declaration may be refused until an officer

doing duty in relation to export declarations has verified particulars

of the goods shown in the declaration:

(a) by reference to information contained in commercial

documents relating to the goods that have been given to the

Department by the owner of the goods on, or at any time

after, the communication of the declaration to the

Department; or

(b) by reference to information, in writing, in respect of the

goods that has been so given to the Department.

(2) If an officer doing duty in relation to export declarations believes,

on reasonable grounds, that the owner of goods to which an export

declaration relates has custody or control of commercial

documents, or has, or can obtain, information, relating to the goods

that will assist the officer to determine whether this Act has been or

is being complied with in respect of the goods, the officer may

require the owner:

(a) to deliver to the officer the commercial documents in respect

of the goods that are in the owner’s possession or under the

owner’s control (including any such documents that had

previously been delivered to an officer and had been returned

to the owner); or

(b) to deliver to the officer such information, in writing, relating

to the goods (being information of a kind specified in the

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Part VI The exportation of goods

Division 2 Entry and clearance of goods for export

Section 114A

302 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

notice) as is within the knowledge of the owner or as the

owner is reasonably able to obtain.

(3) A documentary requirement for the delivery of documents or

information in respect of an export declaration must:

(a) be communicated to the person by whom, or on whose

behalf, the declaration was communicated; and

(b) be in an approved form and contain such particulars as the

form requires.

(4) An electronic requirement for the delivery of documents or

information in respect of an export declaration must:

(a) be sent electronically to the person who made the declaration;

and

(b) communicate such particulars as are set out in an approved

statement.

(5) An officer doing duty in relation to export declarations may ask:

(a) the owner of goods in respect of which an export declaration

has been made; and

(b) if another person made the declaration on behalf of the

owner—the other person;

any questions relating to the goods.

(6) An officer doing duty in relation to export declarations may require

the owner of goods in respect of an export declaration that has been

made to verify the particulars shown in the export declaration by

making a declaration or producing documents.

(7) If:

(a) the owner of goods has been required to deliver documents or

information in relation to the goods under subsection (2); or

(b) the owner of, or person who made an export declaration in

respect of, goods has been asked a question in respect of the

goods under subsection (5); or

(c) the owner of goods has been required under subsection (6) to

verify a matter in respect of the goods;

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The exportation of goods Part VI

Entry and clearance of goods for export Division 2

Section 114B

Customs Act 1901 303

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

authority to deal with the relevant goods in accordance with the

declaration must not be granted unless:

(d) the requirement referred to in paragraph (a) has been

complied with or withdrawn; or

(e) the question referred to in paragraph (b) has been answered

or withdrawn; or

(f) the requirement referred to in paragraph (c) has been

complied with or withdrawn;

as the case requires.

(8) Subject to section 215, if a person delivers a commercial document

to an officer doing duty in relation to export declarations under this

section, the officer must deal with the document and then return it

to that person.

114B Confirming exporters

(1) A person who:

(a) proposes to make an export declaration relating to particular

goods or is likely to make, from time to time, export

declarations in relation to goods of a particular kind; and

(b) will be unable to include in the export declaration or export

declarations particular information in relation to the goods

because the information cannot be ascertained until after the

exportation of the goods;

may apply to the Comptroller-General of Customs for confirming

exporter status in respect of the information and the goods.

(2) An application under subsection (1) must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain such particulars as are required by the form including

the reasons the information referred to in subsection (1)

cannot be ascertained before exportation.

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(3) Where a person applies for confirming exporter status in respect of

particular information and particular goods or goods of a particular

kind, the Comptroller-General of Customs must:

(a) if the Comptroller-General of Customs is satisfied that the

information cannot be ascertained before exportation—grant

the applicant that status by signing a notice stating:

(i) that the applicant is granted that status in respect of that

information and those goods; and

(ii) that the grant is on such conditions as are specified in

the notice; or

(b) if the Comptroller-General of Customs is not so satisfied—

refuse to grant the applicant that status by signing a notice

stating that the Comptroller-General of Customs has refused

to grant the applicant that status and setting out the reasons

for the refusal.

(4) A grant of confirming exporter status has effect from the day on

which the relevant notice is signed.

(5) Without limiting the generality of the conditions to which a grant

of confirming exporter status may be subject, those conditions

must be expressed to include:

(a) a requirement that the appropriate confirming exporter status

will be specified in any export declaration relating to the

goods in respect of which the status was granted where the

confirming exporter proposes to rely on that status; and

(b) a requirement that full details of the information in respect of

which the status was granted will be provided as soon as

practicable after exportation and not later than the time the

Comptroller-General of Customs indicates in the notice

granting the status; and

(c) a requirement that, if information in respect of which the

status was granted becomes, to the knowledge of the

confirming exporter, able to be ascertained before the

exportation of goods in respect of which the status was

granted, the confirming exporter will notify the

Comptroller-General of Customs forthwith.

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(6) Where the Comptroller-General of Customs is satisfied that

information in respect of which confirming exporter status was

granted is now able to be ascertained before exportation, he or she

must sign a notice in writing:

(a) cancelling the confirming exporter status forthwith; or

(b) modifying the confirming exporter status so that it no longer

relates to that information.

(7) Where a person granted a confirming exporter status in respect of

information and goods fails to comply with a condition to which

the grant is subject, the person commits an offence.

Penalty: 30 penalty units.

(7A) Subsection (7) does not apply if the person has a reasonable

excuse.

(7B) Subsection (7) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(8) Where:

(a) a person who is a confirming exporter in respect of

information and goods of a particular kind is convicted of an

offence against subsection (7); or

(b) the Comptroller-General of Customs becomes satisfied that a

person who is such a confirming exporter has failed to

comply with a condition of a grant of confirming exporter

status although no proceedings for an offence against

subsection (7) have been brought against the person;

the Comptroller-General of Customs may:

(c) cancel that person’s status in respect of that information and

those goods; or

(d) modify that person’s status so that it no longer relates to

specified information or goods or so that the conditions to

which it is subject are altered in a specified respect;

by signing a notice stating that that status has been so cancelled or

modified and setting out the reasons for that cancellation or

modification.

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306 Customs Act 1901

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(9) A cancellation or modification of the confirming exporter status of

a person has effect on the day the relevant notice was signed.

(10) The Comptroller-General of Customs must, as soon as practicable

after signing a notice under subsection (3), (6) or (8), serve a copy

of the notice on the person concerned but a failure to do so does

not alter the effect of the notice.

Subdivision D—General

114C Authority to deal with goods entered for export

(1) If goods have been entered for export by the making of an export

declaration in respect of the goods, a Collector must give an export

entry advice, in a manner and form specified in the regulations,

that constitutes either:

(a) an authority to deal with the goods to which the entry relates

in accordance with the entry; or

(b) a refusal to provide such an authority.

(2) Without limiting the generality of subsection (1), regulations

specifying the form of an export entry advice must include in the

information set out in that advice a number (the export entry

advice number) by which the advice can be identified.

(3) An authority under subsection (1) to deal with goods may be

expressed to be subject to a condition that a specified permission

for the goods to be dealt with (however it is described) be obtained

under another law of the Commonwealth.

(3A) An authority under subsection (1) to deal with goods may be

expressed to be subject to a condition that any security required

under section 16 of the Excise Act 1901 be given.

(4) If an authority under subsection (1) to deal with goods is expressed

to be subject to a condition that a specified permission be obtained,

the authority is taken not to have been given until the permission

has been obtained.

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(4A) If an authority under subsection (1) to deal with goods is expressed

to be subject to a condition that any security required under

section 16 of the Excise Act 1901 be given, the authority is taken

not to have been given until the security has been given.

(5) An officer may, at any time before goods authorised to be dealt

with in accordance with an export entry are so dealt with, cancel

the authority:

(a) if the authority was given in respect of a documentary

declaration, by:

(i) signing a notice stating that the authority is cancelled

and setting out the reasons for the cancellation; and

(ii) serving a copy of the notice on the person who made the

declaration or, if that person does not have possession of

the goods, on the person who has possession of the

goods; or

(b) if the authority was given in respect of an electronic

declaration—by sending electronically, to the person who

made the declaration, a message stating that the authority is

cancelled and setting out the reasons for the cancellation.

(6) If, at any time before goods authorised to be dealt with in

accordance with an export entry are so dealt with, an officer has

reasonable grounds to suspect that the goods have been dealt with

in contravention of a Customs-related law, the officer may suspend

the authority for a specified period:

(a) if the authority was given in respect of a documentary

declaration, by:

(i) signing a notice stating that the authority is so

suspended and setting out the reasons for the

suspension; and

(ii) serving a copy of the notice on the person who made the

declaration or, if that person does not have possession of

the goods, on the person who has possession of the

goods; or

(b) if the authority was given in respect of an electronic

declaration—by sending electronically, to the person who

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made the declaration, a message stating that the authority is

so suspended and setting out the reasons for the suspension.

(7) If, during the suspension under subsection (6) of an authority, an

officer becomes satisfied that there are no longer reasonable

grounds to suspect that the goods have been dealt with in

contravention of a Customs-related law, the officer must revoke the

suspension:

(a) if the authority was given in respect of a documentary

declaration, by:

(i) signing a notice stating that the suspension is revoked;

and

(ii) serving a copy of the notice on the person to whom the

notice of the suspension was given; or

(b) if the authority was given in respect of an electronic

declaration—by sending electronically, to the person to

whom the message notifying the suspension was sent, a

message stating that the suspension is revoked.

(8) A cancellation or suspension of an authority, or a revocation of a

suspension of an authority, has effect from the time when the

relevant notice is served or the relevant message is sent, as the case

may be.

114CA Suspension of an authority to deal with goods entered for

export in order to verify particulars of the goods

(1) An officer may, at any time before goods authorised to be dealt

with in accordance with an export entry advice are so dealt with,

suspend the authority to deal for a specified period in order to

verify particulars of the goods shown in the export declaration

made in respect of the goods:

(a) by reference to information contained in commercial

documents relating to the goods that have been given to the

Department by the owner of the goods on, or at any time

after, the communication of the declaration to the

Department; or

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Customs Act 1901 309

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(b) by reference to information, in writing, in respect of the

goods that has been so given to the Department.

(2) If an officer suspends under subsection (1) an authority to deal that

was given in respect of a documentary declaration:

(a) the officer must:

(i) sign a notice that states that the authority is so

suspended and sets out the reasons for the suspension;

and

(ii) serve a copy of the notice on the person who made the

declaration or, if that person does not have possession of

the goods, on the person who has possession of the

goods; and

(b) the suspension has effect from the time when the notice is

served.

(3) If an officer suspends under subsection (1) an authority to deal that

was given in respect of an electronic declaration:

(a) the officer must send electronically, to the person who made

the declaration, a message that states that the authority is so

suspended and sets out the reasons for the suspension; and

(b) the suspension has effect from the time when the message is

sent.

114CB Revocation of the suspension of an authority to deal

(1) If an authority to deal has been suspended under

subsection 114CA(1), an officer must revoke the suspension if,

during the period of suspension, the officer verifies the particulars

of the goods shown in the export declaration made in respect of the

goods.

(2) If the revocation relates to an authority to deal that was given in

respect of a documentary declaration:

(a) the officer must:

(i) sign a notice that states that the suspension is revoked;

and

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(ii) serve a copy of the notice on the person to whom the

notice of the suspension was given; and

(b) the revocation has effect from the time when the notice is

served.

(3) If the revocation relates to an authority to deal that was given in

respect of an electronic declaration:

(a) the officer must send electronically, to the person to whom

the message notifying the suspension was sent, a message

that states that the suspension is revoked; and

(b) the revocation has effect from the time when the message is

sent.

114CC An officer may seek additional information if an authority to

deal has been suspended

Scope

(1) This section applies if an authority to deal with goods is suspended

under subsection 114CA(1) in order to verify particulars of the

goods shown in the export declaration made in respect of the

goods.

Owner may be required to deliver commercial documents or

information

(2) If an officer believes, on reasonable grounds, that the owner of the

goods has custody or control of commercial documents relating to

the goods, or has or can obtain information relating to the goods,

that will assist the officer to verify those particulars, the officer

may require the owner:

(a) to deliver to the officer the commercial documents relating to

the goods that are in the owner’s custody or control

(including any such documents that had previously been

delivered to an officer and had been returned to the owner);

or

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(b) to deliver to the officer such specified information, in

writing, relating to the goods as is within the knowledge of

the owner or as the owner is reasonably able to obtain.

(3) A documentary requirement for the delivery of documents or

information relating to the goods must:

(a) be communicated to the person by whom, or on whose

behalf, the export declaration was communicated; and

(b) be in an approved form and contain such particulars as the

form requires.

(4) An electronic requirement for the delivery of documents or

information relating to the goods must:

(a) be sent electronically to the person who made the export

declaration; and

(b) communicate such particulars as are set out in an approved

statement.

Officer may ask any questions relating to the goods

(5) An officer may ask:

(a) the owner of the goods; and

(b) if another person made the export declaration on behalf of the

owner—the other person;

any questions relating to the goods.

Owner may be required to verify the particulars

(6) An officer may require the owner of the goods to verify the

particulars shown in the export declaration by making a declaration

or producing documents.

Commercial documents must be returned

(7) Subject to section 215, if a person delivers a commercial document

to an officer under this section, the officer must deal with the

document and then return it to that person.

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Section 114D

312 Customs Act 1901

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114D Goods to be dealt with in accordance with export entry

(1) The owner of goods in respect of which an export entry has been

communicated to the Department:

(a) must, as soon as practicable after an authority to deal with the

goods is granted, deal with the goods in accordance with the

entry; and

(b) must not remove any of the goods from the possession of the

person to whom they are delivered or of any person to whom

they are subsequently passed in accordance with the entry

unless:

(i) the entry has been withdrawn, or withdrawn in so far as

it applies to those goods; or

(ii) a permission to move, alter or interfere with the goods

has been given under section 119AA or 119AC.

Penalty: 10 penalty units.

(2) If:

(a) excisable goods on which excise duty has not been paid have

been delivered to a place prescribed for the purposes of

paragraph 30(1)(d); and

(b) the export entry that applies to those goods is withdrawn, or

withdrawn insofar as it applies to those goods;

then, despite any implication to the contrary in subsection (1), the

goods become, on communication to the Department of the

withdrawal, goods under the Commissioner of Taxation’s control

under section 61 of the Excise Act 1901.

(3) If goods are goods on which Customs duty is payable but has not

been paid and the export entry that applies to those goods is

withdrawn, or withdrawn in so far as it applies to those goods,

then:

(a) despite any implication to the contrary in subsection (1), the

goods remain under customs control; and

(b) the withdrawal constitutes a permission, under section 71E,

to move the goods back to the place from which they were

first moved in accordance with the entry.

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114E Sending goods to a wharf or airport for export

(1) A person (the deliverer) commits an offence if the deliverer

delivers goods to a person (the deliveree) at a wharf or airport for

export and:

(a) if the goods have been entered for export—neither of the

following applies:

(i) an authority to deal with the goods is in force and the

deliverer of the goods has, at or before the time of the

delivery, given the prescribed particulars to the

deliveree in the prescribed manner;

(ii) the goods are, or are included in a class of goods that

are, excluded by the regulations from the application of

this section and the deliverer has, at or before the time

of the delivery, given the prescribed particulars to the

deliveree in the prescribed manner; or

(b) if the goods are not required to be entered for export—the

deliverer has not, at or before the time of the delivery, given

the prescribed particulars to the deliveree in the prescribed

manner; or

(c) if the goods have not been entered for export—the deliveree

fails to enter the goods for export within the prescribed

period after the time of the delivery.

(2) For the purposes of subparagraphs (1)(a)(i) and (ii) and

paragraph (1)(b), the regulations may prescribe different particulars

according to the kind of deliverer.

(3) The penalty for an offence against subsection (1) is a penalty not

exceeding 60 penalty units.

(4) An offence against subsection (1) is an offence of strict liability.

(5) The regulations may prescribe goods, or classes of goods, that are

exempt from this section.

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Section 114F

314 Customs Act 1901

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114F Notices to Department by person who receives goods at a

wharf or airport for export

(1) This section applies to a person who takes delivery of goods for

export at a wharf or airport other than a wharf or airport that is, or

is included in a class of wharves or airports that is, excluded by the

regulations from the application of this section.

(1A) The person must give notice to the Department electronically,

within the period prescribed by the regulations, stating that the

person has received the goods and giving such particulars as are

required by an approved statement.

(1B) Before the goods are removed from the wharf or airport for a

purpose other than loading them onto a ship or aircraft for export,

the person must give notice (the removal notice) to the Department

electronically:

(a) stating that the goods are to be removed; and

(b) giving such particulars as are required by an approved

statement.

If the regulations require the person to give the removal notice at

least a specified time before the removal, the person must comply

with the requirement.

(2) A person who contravenes subsection (1A) or (1B) commits an

offence punishable, on conviction, by a penalty not exceeding 60

penalty units.

(3) An offence against subsection (2) is an offence of strict liability.

(4) The regulations may prescribe goods, or classes of goods, that are

exempt from this section.

115 Goods not to be taken on board without authority to deal

(1) The owner of a ship or aircraft must not permit goods required to

be entered for export to be taken on board the ship or aircraft for

the purpose of export unless:

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(a) an authority to deal with the goods is in force under

section 114C; or

(b) the goods are, or are included in a class of goods that are,

excluded by the regulations from the application of this

section.

Penalty: 60 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

116 What happens when goods entered for export by an export

declaration are not dealt with in accordance with the

export entry

(1) If:

(a) goods are entered for export by the making of an export

declaration in respect of the goods; and

(b) none of the goods or some only of the goods have been

exported in accordance with the entry at the end of a period

of 30 days after the intended day of exportation notified in

the entry;

the authority to deal with the goods in accordance with the entry,

so far as it relates to goods not exported before the end of the

period, is, at the end of the period, taken to have been revoked.

(2) If an authority to deal with goods entered for export is taken, under

subsection (1), to have been totally or partially revoked, the owner

of the goods must, within 7 days after the end of the period referred

to in that subsection:

(a) if the authority to deal was taken to be totally revoked—

withdraw the entry relating to the goods; and

(b) if the authority to deal was taken to be partially revoked—

amend the entry so that it relates only to the goods exported

before the end of the period.

Penalty: 60 penalty units.

(3) An offence against subsection (2) is an offence of strict liability.

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Section 117

316 Customs Act 1901

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(4) If the owner of goods entered for export amends the original entry

in accordance with paragraph (2)(b), the owner is, in accordance

with subsection 119C(1), taken to have withdrawn the original

entry but this Act has effect as if:

(a) the amended entry had been communicated to the

Department; and

(b) an authority to deal with the goods to which the amended

entry relates in accordance with the amended entry had been

granted under section 114C;

on the day, or the respective days, on which the original entry was

communicated and the original authority to deal was granted.

117 Security

The Collector may require the owner of any goods entered for

export and subject to customs control to give security that the

goods will be landed at the place for which they are entered or will

be otherwise accounted for to the satisfaction of the Collector.

117AA Consolidation of certain goods for export can only occur at a

prescribed place

(1) A person must not consolidate, or take part in the consolidation of,

prescribed goods for export unless the consolidation is to be carried

out at a place prescribed by the regulations for the purposes of this

section.

Penalty: 60 penalty units.

(2) If prescribed goods are received at a place referred to in

subsection (1) for the purpose of being consolidated for export, the

person in charge of the place must give notice electronically to the

Department, within the prescribed period after the goods were

received at the place, stating that the goods were received and

setting out such particulars of the goods as are required by an

approved statement.

Penalty: 60 penalty units.

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(3) The person in charge of a place referred to in subsection (1) must

not permit prescribed goods to be released from the place unless:

(a) the person has ascertained, from information made available

by a Collector, that:

(i) the goods have been entered for export; and

(ii) an authority to deal with the goods is in force; or

(b) a permission to move, alter or interfere with the goods has

been given under section 119AA or 119AC.

Penalty: 60 penalty units.

(4) If prescribed goods have been released from a place referred to in

subsection (1), the person in charge of the place must give notice

electronically to the Department, within the prescribed period after

the goods were released, stating that the goods were released and

giving particulars of the entry and authority referred to in

subsection (3) that relates to the goods.

Penalty: 60 penalty units.

(5) An offence for a contravention of this section is an offence of strict

liability.

117A Submanifests to be communicated to Department

(1) The person in charge of the place at which the consolidation of

goods for exportation by a ship or aircraft is to be carried out must,

so as to enable the exportation, prepare and communicate

electronically to the Department a submanifest in respect of the

goods.

Penalty: 60 penalty units.

(1A) An offence against subsection (1) is an offence of strict liability.

(2) A submanifest must communicate such information as is set out in

an approved statement.

(3) When a submanifest is sent to the Department, a Collector must

send to the compiler of the submanifest a notice acknowledging its

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Section 118

318 Customs Act 1901

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receipt and giving the compiler a submanifest number for inclusion

in any outward manifest purportedly relating to the goods

concerned.

118 Certificate of Clearance

(1) The master of a ship or the pilot of an aircraft must not depart with

the ship or aircraft from any port, airport or other place in Australia

without receiving from the Collector a Certificate of Clearance in

respect of the ship or aircraft.

Penalty: 60 penalty units.

(1A) An offence against subsection (1) is an offence of strict liability.

(1B) A Certificate of Clearance in respect of a ship or aircraft may only

be granted on application under subsection (2) or (5).

(2) The master of a ship or the pilot of an aircraft may apply to the

Collector for a Certificate of Clearance in respect of the ship or

aircraft.

Note 1: See subsection (8) for application requirements.

Note 2: Section 118A sets out the requirements for granting a Certificate of

Clearance in respect of certain ships or aircraft.

(4) The master and the owner of a ship, or the pilot and the owner of

an aircraft, that is at a port, airport or other place in Australia must:

(a) severally answer questions asked by an officer relating to the

ship or aircraft and its cargo, stores and voyage; and

(b) severally produce documents requested by an officer that

relate to the ship or aircraft and its cargo; and

(c) comply with such requirements (if any) as are prescribed by

the regulations.

(5) If a Certificate of Clearance has not been given to the master of a

ship or the pilot of an aircraft within 24 hours after an application

is made by the master or pilot under subsection (2), the master or

pilot may apply to the Comptroller-General of Customs for a

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Certificate of Clearance. The decision of the Comptroller-General

of Customs on the application is final.

Note 1: See subsection (8) for application requirements.

Note 2: Section 118A sets out the requirements for granting a Certificate of

Clearance in respect of certain ships or aircraft.

(6) If, after an application to the Comptroller-General of Customs for a

Certificate of Clearance is made under subsection (5), the

Comptroller-General of Customs does not grant, or delays

granting, the Certificate of Clearance, the owner of the ship or

aircraft is entitled, in a court of competent jurisdiction, to recover

damages against the Commonwealth in respect of the failure to

grant, or the delay in granting, the Certificate, if the court is

satisfied that the failure or delay was without reasonable and

probable cause.

(7) Except as provided in subsection (6), an action or other proceeding

cannot be brought against the Commonwealth, or an officer of the

Commonwealth, because of the failure to grant, or because of a

delay in granting, a Certificate of Clearance.

(8) An application under subsection (2) or (5) must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain such information as the form requires; and

(d) be signed in the manner indicated in the form.

(9) The Comptroller-General of Customs may approve different forms

for applications to be made under subsection (2) or (5) in different

circumstances, by different kinds of masters of ships or pilots of

aircraft or in respect of different kinds of ships or aircraft.

118A Requirements for granting a Certificate of Clearance in

respect of certain ships or aircraft

(1) This section applies to a ship or aircraft of a kind specified in the

regulations.

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Section 119

320 Customs Act 1901

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(2) Before a Certificate of Clearance in respect of the ship or aircraft is

granted under section 118, the master or owner of the ship or the

pilot or owner of the aircraft must communicate to the Department,

in accordance with this section, an outward manifest:

(a) specifying all of the goods (other than goods prescribed for

the purposes of section 120) that are on board, or are to be

loaded on board, the ship or aircraft at the port, airport or

other place in Australia; or

(b) if there are no goods of the kind to which paragraph (a)

applies—making a statement to that effect.

(3) An outward manifest may be made by document or electronically.

(4) A documentary outward manifest must:

(a) be in writing; and

(b) be in an approved form; and

(c) be communicated to the Department by sending or giving it

to an officer doing duty in respect of the clearance of ships or

aircraft; and

(d) contain such information as is required by the form; and

(e) be signed in a manner specified in the form.

(5) An electronic outward manifest must communicate such

information as is set out in an approved statement.

119 Communication of outward manifest to Department

(1) If:

(aa) a ship or aircraft departs from a port, airport or other place in

Australia; and

(ab) section 118A does not apply to the ship or aircraft;

the master or owner of the ship, or the pilot or owner of the

aircraft, must communicate electronically to the Department, not

later than 3 days after the day of departure, or such time as is

prescribed in relation to the departure, an outward manifest:

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(a) specifying all of the goods, other than goods prescribed for

the purposes of section 120, that were loaded on board the

ship or aircraft at the port, airport or other place; or

(b) if there were no goods of the kind to which paragraph (a)

applies that were loaded on board the ship or aircraft at the

port, airport or other place—making a statement to that

effect.

(2) An outward manifest must contain such information as is set out in

an approved statement.

(3) If subsection (1) is contravened in respect of a ship or aircraft, the

master and the owner of the ship, or the pilot and the owner of the

aircraft, each commit an offence punishable, on conviction, by a

penalty not exceeding 60 penalty units.

(4) An offence against subsection (3) is an offence of strict liability.

119AA Application for permission to move, alter or interfere with

goods for export

(1) This section applies to goods if:

(a) the goods are subject to customs control under

paragraph 30(1)(b), (c) or (d); and

(b) either:

(i) the goods have been entered for export and an authority

to deal with the goods is in force; or

(ii) the goods are the subject of a permission in force under

subsection 96A(2).

(2) A person may apply to the Department for permission to move,

alter or interfere with the goods in a particular way.

(3) An application under subsection (2) may be made by document or

electronically.

(3A) A documentary application must:

(a) be communicated to the Department by sending or giving it

to an officer doing duty in relation to export entries; and

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Section 119AB

322 Customs Act 1901

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(b) be in an approved form; and

(c) contain such information as is required by the form; and

(d) be signed in a manner specified in the form.

(3B) An electronic application must communicate such information as is

set out in an approved statement.

(4) The Comptroller-General of Customs may approve different forms

for documentary applications, and different statements for

electronic applications, made under this section in different

circumstances or by different classes of persons.

(5) If an application is made under subsection (2), an officer may

direct the applicant to ensure that the goods are held in the place

where they are currently located until a decision is made on the

application.

(6) If a direction is not given under subsection (5), or a reasonable

period has elapsed since the giving of such a direction to enable the

making of an informed decision on the application, an officer must

give a message by document, or send a message electronically, to

the applicant:

(a) giving the applicant permission to move, alter or interfere

with the goods in accordance with the application either

unconditionally or subject to such conditions as are specified

in the message; or

(b) refusing the application and setting out the reasons for the

refusal.

(7) If a person moves, alters or interferes with goods otherwise than in

accordance with a relevant permission, the movement of the goods

is, for the purposes of paragraph 229(1)(g), taken not to have been

authorised by this Act.

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Customs Act 1901 323

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119AB Application for permission to move, alter or interfere with

goods that are no longer for export

(1) If goods are subject to customs control under paragraph 30(1)(e), a

person may apply to the Department for permission to move, alter

or interfere with the goods in a particular way.

(2) An application under subsection (1) may be made by document or

electronically.

(3) A documentary application must:

(a) be communicated to the Department by sending or giving it

to an officer doing duty in relation to export entries; and

(b) be in an approved form; and

(c) contain such information as is required by the form; and

(d) be signed in a manner specified in the form.

(4) An electronic application must communicate such information as is

set out in an approved statement.

(5) The Comptroller-General of Customs may approve different forms

for documentary applications, and different statements for

electronic applications, made under this section in different

circumstances or by different classes of persons.

119AC Dealing with an application for a permission to move etc.

goods that are no longer for export

(1) If an application is made under subsection 119AB(1), an officer

may direct the applicant to ensure that the goods to which the

application relates are held in the place where they are currently

located until a decision is made on the application.

(2) If a direction is not given under subsection (1) of this section, or a

reasonable period has elapsed since the giving of such a direction

to enable the making of an informed decision on the application, an

officer must give a message by document, or send a message

electronically, to the applicant:

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Section 119A

324 Customs Act 1901

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(a) giving the applicant permission to move, alter or interfere

with the goods in accordance with the application either

unconditionally or subject to such conditions as are specified

in the message; or

(b) refusing the application and setting out the reasons for the

refusal.

(3) If a person moves, alters or interferes with goods otherwise than in

accordance with a permission under subsection (2) of this section,

the movement of the goods is, for the purposes of

paragraph 229(1)(g), taken not to have been authorised by this Act.

119A Withdrawal of entries, submanifests and manifests

(1) At any time after an export entry, a submanifest or an outward

manifest is communicated to the Department and before the goods

to which it relates are exported, a withdrawal of the entry,

submanifest or manifest may be communicated to the Department:

(a) in the case of a withdrawal of an entry that was

communicated to the Department by document—by

document; or

(b) in any other case—electronically.

(2) A documentary withdrawal of an entry must:

(a) be communicated by the person by whom, or on whose

behalf, the entry was communicated; and

(b) be communicated to the Department by giving it to an officer

doing duty in relation to export entries; and

(c) be in an approved form; and

(d) contain such information as is required by the form; and

(e) be signed in a manner specified in the form.

(3) An electronic withdrawal of an entry, submanifest or manifest must

communicate such information as is set out in an approved

statement.

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Section 119B

Customs Act 1901 325

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(4) A withdrawal of an entry, submanifest or manifest has effect when,

in accordance with section 119D, it is communicated to the

Department.

119B Effect of withdrawal

(1) When a withdrawal of an export entry takes effect, any authority to

deal with the goods to which the entry relates is revoked.

(2) Despite the withdrawal of an entry, submanifest or manifest:

(a) a person may be prosecuted in respect of the entry,

submanifest or manifest; and

(b) a penalty may be imposed on a person who is convicted of an

offence in respect of the entry, submanifest or manifest;

as if it had not been withdrawn.

(2A) Despite the withdrawal of an entry, submanifest or manifest, an

infringement notice may be given to a person in respect of the

entry, submanifest or manifest as if it had not been withdrawn.

(3) The withdrawal of a documentary entry the original of which was

sent or given to an officer does not entitle the person who

communicated it to have it returned.

119C Change of electronic entries and change of submanifests and

manifests treated as withdrawals

(1) If a person who has communicated an electronic export entry

changes information included in that entry, the person is taken, at

the time when an export entry advice is communicated in respect

of the altered entry, to have withdrawn the entry as it previously

stood.

(2) If a person who has communicated a submanifest or an outward

manifest changes information included in the submanifest or

manifest, the person is taken, at the time when an acknowledgment

of the altered submanifest or altered manifest, as the case requires,

is communicated, to have withdrawn the submanifest or manifest

as it previously stood.

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Division 2 Entry and clearance of goods for export

Section 119D

326 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

119D Notification of export entries, submanifests, manifests,

withdrawals and applications

(1) For the purposes of this Act, a documentary export entry, or a

documentary withdrawal of such an entry, may be sent to an officer

referred to in subsection 114(3) or 119A(2) in any manner

prescribed and, when so sent, is taken to have been communicated

to the Department at such time, and in such circumstances, as are

prescribed.

(2) For the purposes of this Act, an electronic export entry, or an

electronic withdrawal of such an entry, or a submanifest, an

outward manifest, or a withdrawal of such a submanifest or

manifest, that is sent to the Department is taken to have been

communicated to the Department when an export entry advice or

an acknowledgment of receipt of the submanifest, manifest or

withdrawal is sent to the person who sent the entry, submanifest,

manifest or withdrawal.

(3) For the purposes of this Act, a documentary application or an

electronic application under section 119AA or 119AB is taken to

have been communicated to the Department when an

acknowledgment of the application is sent or given by a Collector

to the person who sent or gave the application.

119E Requirements for communicating to Department electronically

A communication that is required or permitted by this Division to

be made to the Department electronically must:

(a) be signed by the person who makes it (see

paragraph 126DA(1)(c)); and

(b) otherwise meet the information technology requirements

determined under section 126DA.

120 Shipment of goods

The master of a ship or the pilot of an aircraft shall not suffer to be

taken on board his or her ship or aircraft any goods other than:

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Section 122

Customs Act 1901 327

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(a) goods which are specified or referred to in the Outward

Manifest; and

(b) goods prescribed for the purpose of this section.

Penalty: 100 penalty units.

122 Time of clearance

Except as prescribed, no Certificate of Clearance shall be granted

for any ship or aircraft unless all her inward cargo and stores shall

have been duly accounted for to the satisfaction of the Collector

nor unless all the other requirements of the law in regard to such

ship or aircraft and her inward cargo have been duly complied

with.

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Part VI The exportation of goods

Division 3A Examining goods for export that are not yet subject to customs control

Section 122F

328 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 3A—Examining goods for export that are not yet

subject to customs control

122F Object of Division

(1) The object of this Division is to confer powers on authorised

officers to enter premises and examine goods that are reasonably

believed to be intended for export.

(2) The powers are exercisable before the goods become subject to

customs control and are conferred for the purpose of enabling

officers to assess whether the goods meet the requirements of a

Customs-related law relating to exports.

(3) The powers are exercisable only with the consent of the occupier

of the premises at which the goods are situated.

(4) The Comptroller-General of Customs must not authorise an officer

to exercise powers under this Division unless the

Comptroller-General of Customs is satisfied that the officer is

suitably qualified, because of the officer’s abilities and experience,

to exercise those powers.

122G Occupier of premises

In this Part:

occupier of premises includes a person who is apparently in charge

of the premises.

122H Consent required to enter premises and examine goods for

export

(1) Subject to section 122J, an authorised officer may enter premises,

and exercise the powers conferred by the other sections of this

Division in or on the premises, in accordance with this section.

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Section 122J

Customs Act 1901 329

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(2) The authorised officer must believe on reasonable grounds that

there are, or have been, in or on particular premises goods (the

export goods) that the authorised officer reasonably believes are

intended to be exported.

(3) The premises must not be a place prescribed for the purposes of

paragraph 30(1)(d) or (e), or part of such a place.

Note 1: Paragraph 30(1)(d) subjects to customs control goods that are made or

prepared in, or brought to, a prescribed place for export.

Note 2: Paragraph 30(1)(e) subjects to customs control goods made or

prepared in, or brought into, a prescribed place for export that are no

longer for export.

(4) The occupier of the premises must have consented in writing to the

entry of the authorised officer to the premises and the exercise of

the powers in or on the premises.

(5) Before obtaining the consent, the authorised officer must have told

the occupier that he or she could refuse consent.

(6) Before the authorised officer enters the premises or exercises any

of the powers, he or she must produce his or her identity card to the

occupier.

122J Officer must leave premises if consent withdrawn

(1) An authorised officer who has entered premises under

section 122H must leave the premises if the occupier withdraws his

or her consent.

(2) A withdrawal of a consent does not have any effect unless it is in

writing.

122K Power to search premises for export goods

The authorised officer may search the premises for the export

goods and documents relating to them.

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Division 3A Examining goods for export that are not yet subject to customs control

Section 122L

330 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

122L Power to examine export goods

(1) While the authorised officer is in or on the premises, he or she may

inspect, examine, count, measure, weigh, gauge, test or analyse,

and take samples of, the export goods.

(2) The authorised officer may remove from the premises any samples

taken, and arrange for tests or analyses to be conducted on them

elsewhere.

122M Power to examine documents relating to export goods

The authorised officer may examine and take extracts from, or

make copies of, documents that are in or on the premises and relate

to the export goods.

122N Power to question occupier about export goods

If the authorised officer is in or on the premises because the

occupier consented to the officer’s entry, the officer may request

the occupier:

(a) to answer questions about the export goods; and

(b) to produce to the officer documents that are in or on the

premises and relate to the export goods;

but the occupier is not obliged to comply with the request.

122P Power to bring equipment to the premises

The authorised officer may bring into or onto the premises

equipment and materials for exercising a power described in

section 122K, 122L or 122M.

122Q Compensation

(1) If a person’s property is damaged as a result of an exercise of a

power under this Division, the person is entitled to compensation

of a reasonable amount payable by the Commonwealth for the

damage.

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Section 122R

Customs Act 1901 331

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(2) The Commonwealth must pay the person such reasonable

compensation as the Commonwealth and the person agree on. If

they fail to agree, the person may institute proceedings in the

Federal Court of Australia for such reasonable amount of

compensation as the Court determines.

(3) In determining the amount of compensation payable, regard is to

be had to whether the occupier of the premises and the employees

or agents of the occupier, if they were available at the time, had

provided any warning or guidance that was appropriate in the

circumstances.

122R Powers in this Division are additional to other powers

The powers of an authorised officer under this Division do not

limit powers under other provisions of this Act or under provisions

of other Acts.

Example: Some other provisions and Acts giving similar powers are Parts III

and XII of this Act, and the Commerce (Trade Descriptions) Act 1905

and the Export Control Act 1982.

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Part VI The exportation of goods

Division 4 Exportation procedures after Certificate of Clearance issued

Section 123

332 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 4—Exportation procedures after Certificate of

Clearance issued

123 Ship to bring to and aircraft to stop at boarding stations

(1) The master of every ship departing from any port shall bring his or

her ship to at a boarding station appointed for the port and by all

reasonable means facilitate boarding by the officer, and shall not

depart with his or her ship from any port with any officer on board

such ship in the discharge of his or her duty without the consent of

such officer.

Penalty: 30 penalty units.

(2) The pilot of every aircraft departing from any airport shall bring

his or her aircraft to a boarding station appointed for the port or

airport, and by all reasonable means facilitate boarding by the

officer, and shall not depart with his or her aircraft from any port or

airport with any officer on board such aircraft without the consent

of such officer.

Penalty: 30 penalty units.

(3) Subsections (1) and (2) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

124 Master or pilot to account for missing goods

(1) The master of every ship and the pilot of every aircraft after

clearance shall:

(a) on demand by an officer produce the Certificate of

Clearance;

(b) account to the satisfaction of the Collector for any goods

specified or referred to in the Outward Manifest and not on

board his or her ship or aircraft.

Penalty: 100 penalty units.

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Section 125

Customs Act 1901 333

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(2) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

125 Goods exported to be landed at proper destination

(1) No goods shipped for export shall be unshipped or landed except in

parts beyond the seas.

Penalty: 250 penalty units.

(2) Subsection (1) does not apply if the goods are unshipped or landed

with the permission of the Collector.

(3) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

126 Certificate of landing

If required by the Comptroller-General of Customs a certificate in

such form and to be given by such person as may be prescribed

shall be produced in proof of the due landing according to the

export entry of any goods subject to customs control, and the

Collector may refuse to allow any other goods subject to customs

control to be exported by any person who fails within a reasonable

time to produce such certificate of the landing of any such goods

previously exported by him or her or to account for such goods to

the satisfaction of the Collector.

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Part VI The exportation of goods

Division 4A Exportation of goods to Singapore

Section 126AA

334 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 4A—Exportation of goods to Singapore

126AA Declaration concerning exports to Singapore

The regulations may prescribe the requirements on exporters

relating to the making of declarations concerning the export of

goods to Singapore for which a preferential tariff is to be claimed.

126AB Record keeping obligations

Regulations may prescribe record keeping obligations

(1) The regulations may prescribe record keeping obligations that

apply in relation to goods that:

(a) are exported to Singapore; and

(b) are claimed to be the produce or manufacture of Australia for

the purpose of obtaining a preferential tariff in Singapore.

On whom obligations may be imposed

(2) Regulations for the purposes of subsection (1) may impose such

obligations on a producer, manufacturer or exporter of goods.

126AC Power to require records

Requirement to produce records

(1) An authorised officer may require a person who is subject to record

keeping obligations under regulations made for the purposes of

section 126AB to produce to the officer such of those records as

the officer requires.

Disclosing records to instrumentality or agency of Singapore

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in Singapore, disclose any records so produced

to an instrumentality or agency of Singapore.

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Exportation of goods to Singapore Division 4A

Section 126AD

Customs Act 1901 335

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126AD Power to ask questions

Power to ask questions

(1) An authorised officer may require a person who is an exporter,

producer or manufacturer of goods that:

(a) are exported to Singapore; and

(b) are claimed to be the produce or manufacture of Australia for

the purpose of obtaining a preferential tariff in Singapore;

to answer questions in order to verify the origin of the goods.

Disclosing answers to instrumentality or agency of Singapore

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in Singapore, disclose any answers to such

questions to an instrumentality or agency of Singapore.

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Part VI The exportation of goods

Division 4B Exportation of textile and clothing goods to the US

Section 126AE

336 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 4B—Exportation of textile and clothing goods to

the US

126AE Authorised officer may request records or ask questions

(1) If textile and clothing goods are exported to the US, an authorised

officer may request a person who:

(a) is the exporter or producer of the goods; or

(b) is involved in the transportation of the goods from Australia

to the US;

to produce particular records, or to answer questions put by the

officer, in relation to the export, production or transportation of the

goods.

(2) The person is not obliged to comply with the request.

Disclosing records or answers to US

(3) An authorised officer may disclose any records so produced, or

disclose any answers to such questions, to a US customs official

for the purpose of a matter covered by Article 4.3 of the

Agreement.

Definitions

(4) In this section:

Agreement means the Australia-United States Free Trade

Agreement done at Washington DC on 18 May 2004, as amended

from time to time.

Note: In 2004 the text of the Agreement was accessible through the website

of the Department of Foreign Affairs and Trade.

Harmonized System has the same meaning as in section 153YA.

textile and clothing goods means goods that are classified to:

(a) subheading 4202.12, 4202.22, 4202.32 or 4202.92 of

Chapter 42 of the Harmonized System; or

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Exportation of textile and clothing goods to the US Division 4B

Section 126AE

Customs Act 1901 337

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(b) any of Chapters 50 to 63 of the Harmonized System; or

(c) heading 7019 of Chapter 70 of the Harmonized System; or

(d) subheading 9409.90 of Chapter 94 of the Harmonized

System.

US means the United States of America.

US customs official means a person representing the customs

administration of the US.

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Part VI The exportation of goods

Division 4C Exportation of goods to Thailand

Section 126AF

338 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 4C—Exportation of goods to Thailand

126AF Definitions

In this Division:

producer has the same meaning as in Division 1D of Part VIII.

Thai customs official means a person representing the customs

administration of Thailand.

126AG Record keeping obligations

Regulations may prescribe record keeping obligations

(1) The regulations may prescribe record keeping obligations that

apply in relation to goods that:

(a) are exported to Thailand; and

(b) are claimed to be Australian originating goods for the

purpose of obtaining a preferential tariff in Thailand.

On whom obligations may be imposed

(2) Regulations for the purposes of subsection (1) may impose such

obligations on a producer or exporter of goods.

126AH Power to require records

Requirement to produce records

(1) An authorised officer may require a person who is subject to record

keeping obligations under regulations made for the purposes of

section 126AG to produce to the officer such of those records as

the officer requires.

Note: Failing to produce a record when required to do so by an officer may

be an offence: see section 243SB. However, a person does not have to

produce a record if doing so would tend to incriminate the person: see

section 243SC.

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The exportation of goods Part VI

Exportation of goods to Thailand Division 4C

Section 126AI

Customs Act 1901 339

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Disclosing records to Thai customs official

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in Thailand, disclose any records so produced

to a Thai customs official.

126AI Power to ask questions

Power to ask questions

(1) An authorised officer may require a person who is an exporter or

producer of goods that:

(a) are exported to Thailand; and

(b) are claimed to be Australian originating goods for the

purpose of obtaining a preferential tariff in Thailand;

to answer questions in order to verify the origin of the goods.

Note: Failing to answer a question when required to do so by an officer may

be an offence: see section 243SA. However, a person does not have to

answer a question if doing so would tend to incriminate the person:

see section 243SC.

Disclosing answers to Thai customs official

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in Thailand, disclose any answers to such

questions to a Thai customs official.

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Part VI The exportation of goods

Division 4D Exportation of goods to New Zealand

Section 126AJA

340 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 4D—Exportation of goods to New Zealand

126AJA Definitions

In this Division:

manufacture means the creation of an article essentially different

from the matters or substances that go into that creation.

New Zealand customs official means a person representing the

customs administration of New Zealand.

principal manufacturer of goods means the person in Australia

who performs, or has had performed on the person’s behalf, the

last process of manufacture of the goods, where that last process

was not a restoration or renovation process such as repairing,

reconditioning, overhauling or refurbishing.

producer means a person who grows, farms, raises, breeds, mines,

harvests, fishes, traps, hunts, captures, gathers, collects, extracts,

manufactures, processes, assembles, restores or renovates goods.

126AJB Record keeping obligations

Regulations may prescribe record keeping obligations

(1) The regulations may prescribe record keeping obligations that

apply in relation to goods that:

(a) are exported to New Zealand; and

(b) are claimed to be Australian originating goods for the

purpose of obtaining a preferential tariff in New Zealand.

On whom obligations may be imposed

(2) Regulations made for the purposes of subsection (1) may impose

such obligations on the exporter, the principal manufacturer or a

producer of the goods.

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The exportation of goods Part VI

Exportation of goods to New Zealand Division 4D

Section 126AJC

Customs Act 1901 341

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

126AJC Power to require records

Requirement to produce records

(1) An authorised officer may require a person who is subject to record

keeping obligations under regulations made for the purposes of

section 126AJB to produce to the officer such of those records as

the officer requires.

Note: Failing to produce a record when required to do so by an officer may

be an offence: see section 243SB. However, a person does not have to

produce a record if doing so would tend to incriminate the person: see

section 243SC.

Disclosing records to New Zealand customs official

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in New Zealand, disclose any records so

produced to a New Zealand customs official.

126AJD Power to ask questions

Power to ask questions

(1) An authorised officer may require a person who is the exporter, the

principal manufacturer or a producer of goods that:

(a) are exported to New Zealand; and

(b) are claimed to be Australian originating goods for the

purpose of obtaining a preferential tariff in New Zealand;

to answer questions in order to verify the origin of the goods.

Note: Failing to answer a question when required to do so by an officer may

be an offence: see section 243SA. However, a person does not have to

answer a question if doing so would tend to incriminate the person:

see section 243SC.

Disclosing answers to New Zealand customs official

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in New Zealand, disclose any answers to such

questions to a New Zealand customs official.

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Part VI The exportation of goods

Division 4E Exportation of goods to Chile

Section 126AKA

342 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 4E—Exportation of goods to Chile

126AKA Definitions

In this Division:

Chilean customs official means a person representing the customs

administration of Chile.

producer means a person who grows, farms, raises, breeds, mines,

harvests, fishes, traps, hunts, captures, gathers, collects, extracts,

manufactures, processes or assembles goods.

126AKB Record keeping obligations

Regulations may prescribe record keeping obligations

(1) The regulations may prescribe record keeping obligations that

apply in relation to goods that:

(a) are exported to Chile; and

(b) are claimed to be Australian originating goods for the

purpose of obtaining a preferential tariff in Chile.

On whom obligations may be imposed

(2) Regulations for the purposes of subsection (1) may impose such

obligations on a producer or exporter of goods.

126AKC Power to require records

Requirement to produce records

(1) An authorised officer may require a person who is subject to record

keeping obligations under regulations made for the purposes of

section 126AKB to produce to the officer such of those records as

the officer requires.

Note: Failing to produce a record when required to do so by an officer may

be an offence: see section 243SB. However, a person does not have to

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The exportation of goods Part VI

Exportation of goods to Chile Division 4E

Section 126AKD

Customs Act 1901 343

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

produce a record if doing so would tend to incriminate the person: see

section 243SC.

Disclosing records to Chilean customs official

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in Chile, disclose any records so produced to a

Chilean customs official.

126AKD Power to ask questions

Power to ask questions

(1) An authorised officer may require a person who is an exporter or

producer of goods that:

(a) are exported to Chile; and

(b) are claimed to be Australian originating goods for the

purpose of obtaining a preferential tariff in Chile;

to answer questions in order to verify the origin of the goods.

Note: Failing to answer a question when required to do so by an officer may

be an offence: see section 243SA. However, a person does not have to

answer a question if doing so would tend to incriminate the person:

see section 243SC.

Disclosing answers to Chilean customs official

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in Chile, disclose any answers to such questions

to a Chilean customs official.

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Part VI The exportation of goods

Division 4F Exportation of goods to Malaysia

Section 126ALA

344 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 4F—Exportation of goods to Malaysia

126ALA Definitions

In this Division:

Malaysian customs official means a person representing the

customs administration of Malaysia.

producer means a person who grows, plants, mines, harvests,

farms, raises, breeds, extracts, gathers, collects, captures, fishes,

traps, hunts, manufactures, processes or assembles goods.

126ALB Record keeping obligations

Regulations may prescribe record keeping obligations

(1) The regulations may prescribe record keeping obligations that

apply in relation to goods that:

(a) are exported to Malaysia; and

(b) are claimed to be Australian originating goods for the

purpose of obtaining a preferential tariff in Malaysia.

On whom obligations may be imposed

(2) Regulations for the purposes of subsection (1) may impose such

obligations on an exporter or producer of goods.

126ALC Power to require records

Requirement to produce records

(1) An authorised officer may require a person who is subject to record

keeping obligations under regulations made for the purposes of

section 126ALB to produce to the officer such of those records as

the officer requires.

Note: Failing to produce a record when required to do so by an officer may

be an offence: see section 243SB. However, a person does not have to

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The exportation of goods Part VI

Exportation of goods to Malaysia Division 4F

Section 126ALD

Customs Act 1901 345

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

produce a record if doing so would tend to incriminate the person: see

section 243SC.

Disclosing records to Malaysian customs official

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in Malaysia, disclose any records so produced

to a Malaysian customs official.

126ALD Power to ask questions

Power to ask questions

(1) An authorised officer may require a person who is an exporter or

producer of goods that:

(a) are exported to Malaysia; and

(b) are claimed to be Australian originating goods for the

purpose of obtaining a preferential tariff in Malaysia;

to answer questions in order to verify the origin of the goods.

Note: Failing to answer a question when required to do so by an officer may

be an offence: see section 243SA. However, a person does not have to

answer a question if doing so would tend to incriminate the person:

see section 243SC.

Disclosing answers to Malaysian customs official

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in Malaysia, disclose any answers to such

questions to a Malaysian customs official.

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Part VI The exportation of goods

Division 4G Exportation of goods to Korea

Section 126AMA

346 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 4G—Exportation of goods to Korea

126AMA Definitions

In this Division:

Korea means the Republic of Korea.

Korean customs official means a person representing the customs

administration of Korea.

producer means a person who grows, mines, harvests, fishes,

breeds, raises, traps, hunts, manufactures, processes, assembles or

disassembles goods.

126AMB Record keeping obligations

Regulations may prescribe record keeping obligations

(1) The regulations may prescribe record keeping obligations that

apply in relation to goods that:

(a) are exported to Korea; and

(b) are claimed to be Australian originating goods for the

purpose of obtaining a preferential tariff in Korea.

On whom obligations may be imposed

(2) Regulations for the purposes of subsection (1) may impose such

obligations on an exporter or producer of goods.

126AMC Power to require records

Requirement to produce records

(1) An authorised officer may require a person who is subject to record

keeping obligations under regulations made for the purposes of

section 126AMB to produce to the officer such of those records as

the officer requires.

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The exportation of goods Part VI

Exportation of goods to Korea Division 4G

Section 126AMD

Customs Act 1901 347

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Note: Failing to produce a record when required to do so by an officer may

be an offence: see section 243SB. However, a person does not have to

produce a record if doing so would tend to incriminate the person: see

section 243SC.

Disclosing records to Korean customs official

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in Korea, disclose any records so produced to a

Korean customs official.

126AMD Power to ask questions

Power to ask questions

(1) An authorised officer may require a person who is an exporter or

producer of goods that:

(a) are exported to Korea; and

(b) are claimed to be Australian originating goods for the

purpose of obtaining a preferential tariff in Korea;

to answer questions in order to verify the origin of the goods.

Note: Failing to answer a question when required to do so by an officer may

be an offence: see section 243SA. However, a person does not have to

answer a question if doing so would tend to incriminate the person:

see section 243SC.

Disclosing answers to Korean customs official

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in Korea, disclose any answers to such

questions to a Korean customs official.

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Part VI The exportation of goods

Division 4H Exportation of goods to Japan

Section 126ANA

348 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 4H—Exportation of goods to Japan

126ANA Definitions

In this Division:

Japanese customs official means a person representing the

customs administration of Japan.

producer means a person who manufactures, assembles, processes,

raises, grows, breeds, mines, extracts, harvests, fishes, traps,

gathers, collects, hunts or captures goods.

126ANB Record keeping obligations

Regulations may prescribe record keeping obligations

(1) The regulations may prescribe record keeping obligations that

apply in relation to goods that:

(a) are exported to Japan; and

(b) are claimed to be Australian originating goods for the

purpose of obtaining a preferential tariff in Japan.

On whom obligations may be imposed

(2) Regulations for the purposes of subsection (1) may impose such

obligations on an exporter or producer of goods.

126ANC Power to require records

Requirement to produce records

(1) An authorised officer may require a person who is subject to record

keeping obligations under regulations made for the purposes of

section 126ANB to produce to the officer such of those records as

the officer requires.

Note: Failing to produce a record when required to do so by an officer may

be an offence: see section 243SB. However, a person does not have to

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The exportation of goods Part VI

Exportation of goods to Japan Division 4H

Section 126AND

Customs Act 1901 349

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

produce a record if doing so would tend to incriminate the person: see

section 243SC.

Disclosing records to Japanese customs official

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in Japan, disclose any records so produced to a

Japanese customs official.

126AND Power to ask questions

Power to ask questions

(1) An authorised officer may require a person who is an exporter or

producer of goods that:

(a) are exported to Japan; and

(b) are claimed to be Australian originating goods for the

purpose of obtaining a preferential tariff in Japan;

to answer questions in order to verify the origin of the goods.

Note: Failing to answer a question when required to do so by an officer may

be an offence: see section 243SA. However, a person does not have to

answer a question if doing so would tend to incriminate the person:

see section 243SC.

Disclosing answers to Japanese customs official

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in Japan, disclose any answers to such

questions to a Japanese customs official.

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Part VI The exportation of goods

Division 4J Exportation of goods to China

Section 126AOA

350 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 4J—Exportation of goods to China

126AOA Definitions

In this Division:

Agreement means the China-Australia Free Trade Agreement,

done at Canberra on 17 June 2015, as amended from time to time.

Note: The Agreement could in 2015 be viewed in the Australian Treaties

Library on the AustLII website (http://www.austlii.edu.au).

Chinese customs official means a person representing the customs

administration of the territory of China.

producer means a person who grows, raises, mines, harvests,

fishes, farms, traps, hunts, captures, gathers, collects, breeds,

extracts, manufactures, processes or assembles goods.

territory of China means territory within the meaning, so far as it

relates to China, of Article 1.3 of the Agreement, and does not

include the customs territory of the following members of the

World Trade Organization established by the World Trade

Organization Agreement:

(a) Hong Kong, China;

(b) Macao, China;

(c) Separate Customs Territory of Taiwan, Penghu, Kinmen and

Matsu.

World Trade Organization Agreement means the Marrakesh

Agreement establishing the World Trade Organization, done at

Marrakesh on 15 April 1994.

Note: The Agreement is in Australian Treaty Series 1995 No. 8 ([1995] ATS

8) and could in 2015 be viewed in the Australian Treaties Library on

the AustLII website (http://www.austlii.edu.au).

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The exportation of goods Part VI

Exportation of goods to China Division 4J

Section 126AOB

Customs Act 1901 351

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

126AOB Record keeping obligations

Regulations may prescribe record keeping obligations

(1) The regulations may prescribe record keeping obligations that

apply in relation to goods that:

(a) are exported to the territory of China; and

(b) are claimed to be Australian originating goods for the

purpose of obtaining a preferential tariff in the territory of

China.

On whom obligations may be imposed

(2) Regulations for the purposes of subsection (1) may impose such

obligations on an exporter or producer of goods.

126AOC Power to require records

Requirement to produce records

(1) An authorised officer may require a person who is subject to record

keeping obligations under regulations made for the purposes of

section 126AOB to produce to the officer such of those records as

the officer requires.

Note: Failing to produce a record when required to do so by an officer may

be an offence: see section 243SB. However, a person does not have to

produce a record if doing so would tend to incriminate the person: see

section 243SC.

Disclosing records to Chinese customs official

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in the territory of China, disclose any records so

produced to a Chinese customs official.

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Part VI The exportation of goods

Division 4J Exportation of goods to China

Section 126AOD

352 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

126AOD Power to ask questions

Power to ask questions

(1) An authorised officer may require a person who is an exporter or

producer of goods that:

(a) are exported to the territory of China; and

(b) are claimed to be Australian originating goods for the

purpose of obtaining a preferential tariff in the territory of

China;

to answer questions in order to verify the origin of the goods.

Note: Failing to answer a question when required to do so by an officer may

be an offence: see section 243SA. However, a person does not have to

answer a question if doing so would tend to incriminate the person:

see section 243SC.

Disclosing answers to Chinese customs official

(2) An authorised officer may, for the purpose of verifying a claim for

a preferential tariff in the territory of China, disclose any answers

to such questions to a Chinese customs official.

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The exportation of goods Part VI

Miscellaneous Division 5

Section 126A

Customs Act 1901 353

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 5—Miscellaneous

126A Export of installations

(1) Where an installation ceases to be part of Australia, the installation

and any goods on the installation at the time when it ceases to be

part of Australia shall, for the purposes of the Customs Acts, be

taken to have been exported from Australia.

(2) Where:

(a) a resources installation is taken from a place in Australia into

Australian waters for the purpose of becoming attached to the

Australian seabed; or

(b) a sea installation is taken from a place in Australia into an

adjacent area or into a coastal area for the purpose of being

installed in that area;

the installation and any goods on the installation shall not be taken,

for the purposes of the Customs Acts, to have been exported from

Australia.

126B Export of goods from installations

For the purposes of the Customs Acts, where goods are taken from

an installation that is deemed to be part of Australia under

section 5C for the purpose of being taken to a place outside

Australia, whether directly or indirectly, the goods shall be deemed

to have been exported from Australia at the time when they are so

taken from the installation.

126C Size of exporting vessel

(1) Goods subject to customs control must not be exported in a ship of

less than 50 tons gross registered.

Penalty: 30 penalty units.

(2) Subsection (1) is an offence of strict liability.

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Part VI The exportation of goods

Division 5 Miscellaneous

Section 126C

354 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) Subsection (1) does not apply if the Comptroller-General of

Customs has given written permission for the export of the goods

in that way.

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Electronic communications Part VIA

Section 126D

Customs Act 1901 355

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Part VIA—Electronic communications

126D Comptroller-General of Customs to maintain information

systems

The Comptroller-General of Customs must establish and maintain

such information systems as are necessary to enable persons to

communicate electronically with the Department.

126DA Communications standards and operation

(1) After consulting with persons likely to be affected, the

Comptroller-General of Customs must determine, and cause to be

published in the Gazette:

(a) the information technology requirements that have to be met

by persons who wish to communicate with the Department

electronically; and

(c) the information technology requirements that have to be met

to satisfy a requirement that a person’s signature be given to

the Department in connection with information when the

information is communicated electronically; and

(d) the information technology requirements that have to be met

to satisfy a requirement that a document be produced to the

Department when the document is produced electronically.

(2) The Comptroller-General of Customs may:

(a) determine alternative information technology requirements

that may be used; and

(b) without limiting paragraph (a), determine different

information technology requirements that may be used in

different circumstances or by different classes of persons.

126DB Authentication of certain electronic communications

An electronic communication that is made to the Department and is

required or permitted by this Act is taken to be made by a

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Part VIA Electronic communications

Section 126DC

356 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

particular person, even though the person did not authorise the

communication, if:

(a) the communication meets the information technology

requirements that the Comptroller-General of Customs has

determined under section 126DA have to be met to satisfy a

requirement that the person’s signature be given to the

Department in connection with information in the

communication; and

(b) the person did not notify the Department of a breach of

security relating to those information technology

requirements before the communication;

unless the person provides evidence to the contrary.

126DC Records of certain electronic communications

(1) The Comptroller-General of Customs must keep a record of each

electronic communication made as required or permitted by this

Act. The Comptroller-General of Customs must keep the record for

5 years after the communication is made.

Note: It does not matter whether the communication is made to the

Department or by the Department or a Collector.

Evidentiary value of the record

(2) The record kept is admissible in proceedings under this Act.

(3) In proceedings under this Act, the record is prima facie evidence

that a particular person made the statements in the communication,

if the record purports to be a record of an electronic

communication that:

(a) was made to the Department; and

(b) met the information technology requirements that the

Comptroller-General of Customs has determined under

section 126DA have to be met to satisfy a requirement that

the person’s signature be given to the Department in

connection with information in the communication.

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Electronic communications Part VIA

Section 126DD

Customs Act 1901 357

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(4) In proceedings under this Act, the record is prima facie evidence

that the Department or a Collector made the statements in the

communication, if the record purports to be a record of an

electronic communication that was made by the Department or a

Collector.

126DD Authentication, records and Electronic Transactions Act 1999

Sections 126DB and 126DC have effect despite section 15 of the

Electronic Transactions Act 1999.

126E Communication to Department when information system is

temporarily inoperative

(1) If:

(a) an information system becomes temporarily inoperative; or

(b) an information system that has become temporarily

inoperative again becomes operative;

the Comptroller-General of Customs must cause notice of the

occurrence to be given:

(c) on the Department’s website; and

(d) where practicable, by email to persons who communicate

with the Department electronically.

(2) If an information system is temporarily inoperative, information

that a person could otherwise have communicated electronically to

the Department by means of the system may be communicated to

the Department in either of the following ways:

(a) if another information system by means of which the person

can communicate information to the Department is

operative—electronically by means of that other system;

(b) by document given or sent to an officer doing duty in relation

to the matter to which the information relates.

(3) If:

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Part VIA Electronic communications

Section 126F

358 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) because an information system is temporarily inoperative, a

person communicates information to an officer by document

in accordance with paragraph (2)(b); and

(b) the Comptroller-General of Customs causes notice to be

given under paragraph (1)(b) stating that the information

system has again become operative;

the person must communicate the information electronically to the

Department within 24 hours after the notice was given.

Penalty: 50 penalty units.

126F Payment when information system is temporarily inoperative

(1) This section applies when a person who is liable to make a

payment to the Commonwealth and would ordinarily make the

payment electronically is unable to do so because an information

system is temporarily inoperative.

(2) The person may give an undertaking to the Comptroller-General of

Customs to make the payment as soon as practicable after, and in

any case not later than 24 hours after, the Comptroller-General of

Customs causes notice to be given under paragraph 126E(1)(b)

stating that the information system has again become operative.

(3) If the person is notified by an officer of Customs that the

undertaking is accepted:

(a) this Act has the effect that it would have if the payment had

been made; and

(b) the person must comply with the undertaking.

Penalty: 50 penalty units.

126G Meaning of temporarily inoperative

An information system that has become inoperative is not taken to

be temporarily inoperative for the purposes of this Part unless the

Comptroller-General of Customs is satisfied that the period for

which it has been, or is likely to be, inoperative is significant.

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Electronic communications Part VIA

Section 126H

Customs Act 1901 359

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

126H Comptroller-General of Customs may arrange for use of

computer programs to make decisions etc.

(1) The Comptroller-General of Customs may arrange for the use,

under the control of the Comptroller-General of Customs, of

computer programs for any purposes for which the

Comptroller-General of Customs, a Collector or an officer may, or

must, under the provisions mentioned in subsection (3):

(a) make a decision; or

(b) exercise any power, or comply with any obligation; or

(c) do anything else related to making a decision, exercising a

power, or complying with an obligation.

(2) The Comptroller-General of Customs, Collector or officer (as the

case requires) is taken to have:

(a) made a decision; or

(b) exercised a power, or complied with an obligation; or

(c) done something else related to the making of a decision, the

exercise of a power, or the compliance with an obligation;

that was made, exercised, complied with, or done (as the case

requires) by the operation of a computer program under an

arrangement made under subsection (1).

(3) For the purposes of subsection (1), the provisions are:

(a) Parts IV and VI; and

(b) any provision of this Act or of the regulations that the

Comptroller-General of Customs, by legislative instrument,

determines for the purposes of this paragraph.

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Part VII Ships’ stores and aircraft’s stores

Section 127

360 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Part VII—Ships’ stores and aircraft’s stores

127 Use of ships’ and aircraft’s stores

(1) Ships’ stores and aircraft’s stores, whether shipped in a place

outside Australia or in Australia:

(a) shall not be unshipped or unloaded; and

(b) shall not be used before the departure of the ship or aircraft

from its last port of departure in Australia otherwise than for

the use of the passengers or crew, or for the service, of the

ship or aircraft.

Penalty: 60 penalty units.

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) Subsection (1) does not apply if the Collector has approved the

unshipping, unloading or use.

(4) An approval under subsection (3) may only be given on application

under subsection (5).

(5) The master or owner of a ship, or the pilot or owner of an aircraft,

may apply for an approval under subsection (3) in respect of the

ship or aircraft.

(6) An application under subsection (5) must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain such information as the form requires; and

(d) be signed in the manner indicated in the form.

(7) The Comptroller-General of Customs may approve different forms

for applications to be made under subsection (5) in different

circumstances, by different kinds of masters or owners of ships or

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Ships’ stores and aircraft’s stores Part VII

Section 128

Customs Act 1901 361

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

pilots or owners of aircraft or in respect of different kinds of ships

or aircraft.

(8) An approval given to a person under subsection (3) is subject to

any conditions specified in the approval, being conditions that, in

the opinion of the Collector, are necessary for the protection of the

revenue or for the purpose of ensuring compliance with the

Customs Acts.

(9) A person commits an offence of strict liability if:

(a) the person is the holder of an approval under subsection (3);

and

(b) the person does an act or omits to do an act; and

(c) the act or omission breaches a condition of the approval.

Penalty for contravention of this subsection:60 penalty units.

128 Unshipment of ships’ and aircraft’s stores

Ships’ stores and aircraft’s stores which are unshipped or unloaded

with the approval of the Collector shall be entered:

(a) for home consumption; or

(b) for warehousing.

129 Ships’ and aircraft’s stores not to be taken on board without

approval

(1) The master or owner of a ship or the pilot or owner of an aircraft

may make application to a Collector for the approval of the

Collector to take ship’s stores or aircraft’s stores on board the ship

or aircraft and the Collector may grant to the master, pilot or owner

of the ship or aircraft approval to take on board such ship’s stores

or such aircraft’s stores as the Collector, having regard to the

voyage or flight to be undertaken by the ship or aircraft and to the

number of passengers and crew to be carried, determines.

Note: See subsection (5) for application requirements.

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Part VII Ships’ stores and aircraft’s stores

Section 129

362 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(2) Approval under the last preceding subsection may be granted

subject to the condition that the person to whom the approval is

granted complies with such requirements as are specified in the

approval, being requirements that, in the opinion of the Collector,

are necessary for the protection of the revenue or for the purpose of

ensuring compliance with the Customs Acts.

(3) If, in relation to any goods, a person to whom an approval has been

granted under subsection (1) fails to comply with a requirement

specified in the approval:

(a) he or she commits an offence against this Act punishable,

upon conviction, by a penalty not exceeding 60 penalty units;

and

(b) if he or she failed to comply with a requirement before the

goods were placed on board the ship or aircraft—the removal

of the goods for the purpose of placing the goods on board

the ship or aircraft shall, for the purposes of

paragraph 229(1)(g), be deemed not to have been authorized

by this Act.

(3A) Subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) Ship’s stores or aircraft’s stores taken on board a ship or aircraft

otherwise than in accordance with an approval granted under

subsection (1) shall, notwithstanding that the goods are taken on

board by authority of an entry under this Act, be deemed, for the

purposes, to be prohibited exports.

(5) An application under subsection (1) must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain such information as the form requires; and

(d) be signed in the manner indicated in the form.

(6) The Comptroller-General of Customs may approve different forms

for applications to be made under subsection (1) in different

circumstances, by different kinds of masters or owners of ships or

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pilots or owners of aircraft or in respect of different kinds of ships

or aircraft.

130 Ship’s and aircraft’s stores exempt from duty

Except as provided by the regulations, ship’s stores and aircraft’s

stores are not liable to duties of Customs.

130A Entry not required for ship’s or aircraft’s stores

Goods consisting of ship’s stores or aircraft’s stores, other than

goods of a prescribed kind, may be taken on board a ship or aircraft

in accordance with an approval granted under section 129

notwithstanding that an entry has not been made in respect of the

goods authorizing the removal of the goods to the ship or aircraft

and duty has not been paid on the goods.

130B Payment of duty on ship’s or aircraft’s stores

(1) Where duty is payable on goods taken on board a ship as ship’s

stores, or on board an aircraft as aircraft’s stores, in accordance

with an approval granted under section 129 without duty having

been paid on the goods, the duty shall, on demand for payment of

the duty being made by a Collector to the master or owner of the

ship or to the pilot or owner of the aircraft, be paid as if the goods

had been entered for home consumption on the day on which the

demand was made.

(2) The master or owner of a ship, if so directed by an officer, must

give to a Collector a return, in accordance with the approved form,

relating to the ship’s stores of the ship and to goods taken on board

the ship as ship’s stores.

(2AA) The return referred to in subsection (2) must include details of any:

(a) drugs that are prohibited imports; and

(b) firearms; and

(c) ammunition;

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Section 130C

364 Customs Act 1901

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that are ship’s stores of the ship or have been taken on board the

ship as ship’s stores.

(2A) The owner of an aircraft, or, if so directed by an officer, the pilot of

an aircraft, shall:

(a) whenever so directed by an officer, give to a Collector

particulars of:

(i) the prescribed aircraft’s stores of the aircraft; and

(ii) goods taken on board the aircraft as prescribed aircraft’s

stores; and

(b) immediately before the departure of the aircraft from

Australia, give to a Collector a return, in accordance with the

prescribed form, relating to drugs that are prohibited imports

and:

(i) are aircraft’s stores of the aircraft; or

(ii) have been taken on board the aircraft as aircraft’s stores.

(3) A person who fails to comply with a direction under subsection (2)

or (2A) commits an offence punishable upon conviction by a

penalty not exceeding 60 penalty units.

(3A) Subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) In subsection (2A), prescribed aircraft’s stores means prescribed

aircraft’s stores within the meaning of section 129.

130C Interpretation

In this Part:

aircraft does not include:

(a) an aircraft that is not currently engaged in making

international flights; or

(b) an aircraft that is currently engaged in making international

flights but is about to make a flight other than an

international flight.

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aircraft’s stores means stores for the use of the passengers or crew

of an aircraft, or for the service of an aircraft.

international flight, in relation to an aircraft, means a flight,

whether direct or indirect, between:

(a) a place in Australia from which the aircraft takes off and a

place outside Australia at which the aircraft lands or is

intended to land; or

(b) a place outside Australia from which the aircraft takes off

and a place in Australia at which the aircraft lands.

international voyage, in relation to a ship, means a voyage,

whether direct or indirect, between a place in Australia and a place

outside Australia.

ship does not include:

(a) a ship that is not currently engaged in making international

voyages; or

(b) a ship that is currently engaged in making international

voyages but is about to make a voyage other than an

international voyage.

ship’s stores means stores for the use of the passengers or crew of

a ship, or for the service of a ship.

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Section 131A

366 Customs Act 1901

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Part VIII—The duties

Division 1—The payment and computation of duties

generally

131A Fish caught by Australian ships

Fish and other goods the produce of the sea which are caught or

gathered by a ship which:

(a) is registered in Australia; and

(b) was fitted out for the voyage during which those fish or

goods were caught or gathered at a port or place in Australia;

shall not, when brought into Australia by that ship, or by a tender

(which is registered in Australia) of that ship, be liable to any duty

of Customs, or be subject to customs control.

131AA Special provisions for goods taken to Joint Petroleum

Development Area

(1) Goods taken out of Australia for the purpose of being taken to a

resources installation in the Joint Petroleum Development Area and

there used for a purpose related to petroleum activities are not

liable to any duty of Customs in relation to the taking of the goods

out of Australia.

(2) Goods brought into Australia for the purpose of being taken to a

resources installation in the Joint Petroleum Development Area and

there used for a purpose related to petroleum activities are not

liable to any duty of Customs in relation to the bringing of the

goods into Australia.

(3) In this section:

petroleum activities has the same meaning as in the Treaty (within

the meaning of the Petroleum (Timor Sea Treaty) Act 2003).

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Customs Act 1901 367

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131B Liability of Commonwealth authorities to pay duties of

Customs

(1) Subject to subsection (2), to the extent that, but for this section, an

Act (whether enacted before, on or after 1 July 1987) would:

(a) exempt a particular Commonwealth authority from liability

to pay duties of Customs; or

(b) exempt a person from liability to pay duties of Customs in

relation to goods for use by a particular Commonwealth

authority;

then, by force of this section, the exemption has no effect.

(2) Subsection (1) does not apply to an exemption if:

(a) the provision containing the exemption is enacted after

30 June 1987; and

(b) the exemption expressly refers to duties of Customs

(however described).

132 Rate of import duty

(1) Subject to this section and to sections 105C and 132B, the rate of

any import duty payable on goods is the rate of the duty in force

when the goods are entered for home consumption.

(2) Where goods are entered for home consumption more than once

before import duty is paid on them, the rate at which the import

duty is payable is the rate of the duty in force when the goods were

first entered for home consumption.

(3) For the purposes of this section, if an entry for home consumption

in respect of goods is withdrawn under section 71F and the goods

are subsequently entered for warehousing, the entry for home

consumption is to be disregarded.

(4) The rate of any import duty on goods about which the owner, or a

person acting on behalf of the owner, is required by section 71 to

provide information is the rate of the duty in force at the later of

the following times (or either of them if they are the same):

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(a) the time when the information is provided;

(b) the time when the goods arrive in Australia.

(5) The rate of any import duty on goods:

(a) that are goods of a kind referred to in paragraph 68(1)(e); and

(b) about which neither the owner, nor any person acting on

behalf of the owner, is required to provide information;

is the rate of duty in force at the time when the goods arrive in

Australia.

132AA When import duty must be paid

General rule

(1) Import duty payable on goods described in an item of the following

table must be paid by the time indicated in the item. Import duty on

goods covered by both items 1 and 2 is payable by the time

indicated in item 2.

When import duty must be paid

Item Description of goods Time by which duty on goods must be paid

1 Goods entered for home

consumption

Time of entry of the goods for home

consumption

2 Goods prescribed by the

regulations and entered for

home consumption

Time worked out under the regulations made

for the purposes of this item

3 Goods about which the

owner, or a person acting

on behalf of the owner, is

required by section 71 to

provide information

When the information is provided, or when the

goods arrive in Australia, whichever is later

4 Goods of a kind referred to

in paragraph 68(1)(e) that

are not covered by item 3

Time of delivery of the goods into home

consumption

Note: The regulations may prescribe goods by reference to classes, and may

provide for different times for payment for different classes of goods.

See subsection 33(3A) of the Acts Interpretation Act 1901.

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Section 132A

Customs Act 1901 369

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Regulations prescribing goods

(2) For the purposes of subsection (1), goods may be prescribed by

reference to a class identified by reference to characteristics or

actions of the persons importing goods in the class. This does not

limit the ways in which goods may be prescribed.

Regulations setting time for payment of duty

(3) For the purposes of subsection (1), the regulations may provide for

the time by which import duty must be paid to be worked out by

reference to a time specified by the Comptroller-General of

Customs. This does not limit the ways in which the regulations

may provide for working out that time.

Exceptions to this section

(4) Subsection (1) has effect subject to the provisions listed in column

2 of the following table:

Exceptions to this section

Column 1

Item

Column 2

Provisions

Column 3

Subject

1 paragraphs

69(8)(h) and

70(7)(b)

payment of duty on certain goods delivered into home

consumption without entry for home consumption

3 section 162A temporary importation of goods without paying duty

132A Prepayment of duty

Where, before goods are entered for home consumption, an amount

is paid to a Collector in respect of duty that may become payable in

respect of the goods, the amount shall, upon the goods being

entered for home consumption, be deemed, for the purposes of this

Act, to be an amount of duty paid in respect of the goods.

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Section 132B

370 Customs Act 1901

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132B Declared period quotas—effect on rates of import duty

(1) If at any time the Comptroller-General of Customs is of the

opinion that, for the reason that persons are anticipating, or may

anticipate, an increase in the rate of duty applicable to goods of a

particular kind, the quantity of goods of that kind that may be

entered for home consumption during a period is likely to be

greater than it would otherwise be, the Comptroller-General of

Customs may, by notice published in the Gazette, declare that that

period is, for the purposes of this section, a declared period with

respect to goods of that kind.

(2) The Comptroller-General of Customs shall, in a notice under

subsection (1) declaring that a period is a declared period for the

purposes of this section, specify in the notice another period being

a period ending before the commencement of the declared period,

as the base period in relation to the declared period.

(3) Where the Comptroller-General of Customs makes a declaration

under subsection (1) specifying a declared period in respect of

goods of any kind, he or she may, in respect of that kind of goods,

or goods of a kind included in that kind of goods, make an order in

writing (in this Act referred to as a quota order) applicable to a

person specified in the order, being an order that states that the

person’s quota, for the declared period, in respect of goods of the

kind to which the order relates is such quantity as is specified in

the order or is nil, and, subject to subsection (4) of this section, the

order comes into force forthwith.

(4) Where, during a declared period, a person enters goods for home

consumption, being goods of a kind in respect of which there is no

quota order in force that is applicable to that person for the

declared period, the Comptroller-General of Customs may, before

authority to deal with the goods is given under section 71C and

whether or not the declared period has expired, make, under

subsection (3), a quota order that is applicable to that person for

that declared period in respect of goods of that kind, and a quota

order so made shall, unless the contrary intention appears in the

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order, be deemed to have come into force immediately before the

time of entry of the goods.

(5) In making a quota order under subsection (3), or revoking or

varying a quota order under section 132C, with respect to a person,

the Comptroller-General of Customs shall have regard to the

quantity of goods (if any) of the kind to which the order relates

that, at any time or times during the period that is the base period

with respect to the declared period to which the order relates or

during any other period that the Comptroller-General of Customs

considers relevant, the person has entered for home consumption,

and to such other matters as the Comptroller-General of Customs

considers relevant.

(6) If:

(a) at any time during a declared period, a person has entered

any goods (in this section referred to as the relevant goods)

for home consumption, being goods of a kind in respect of

which there is in force at the time of entry of the goods a

quota order that states that the person’s quota in respect of

goods of that kind is a quantity specified in the order;

(b) the quantity of the relevant goods so entered, together with

goods (if any) of that kind previously entered for home

consumption by the person during the declared period,

exceeds the quota; and

(c) the amount of import duty paid or payable on the relevant

goods at the rate of duty in force at the time of entry of the

goods is less than the amount of duty applicable to those

goods in accordance with the rate of duty in force on the day

immediately following the last day of the declared period;

the rate of import duty payable on the relevant goods, or on so

much of the relevant goods as, together with goods (if any) of that

kind previously entered for home consumption by the person

during the declared period, exceeds the quota, is the rate of duty in

force on the day immediately following the last day of the declared

period.

(7) If:

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(a) at any time during a declared period, a person has entered

any goods for home consumption, being goods of a kind in

respect of which there is in force at the time of entry of the

goods a quota order that states that the person’s quota in

respect of goods of that kind is nil; and

(b) the amount of import duty paid or payable on those goods at

the rate of duty in force at the time of entry of the goods is

less than the amount of duty applicable to those goods in

accordance with the rate of duty in force on the day

immediately following the last day of the declared period;

the rate of import duty payable on the goods is the rate of duty in

force on the day immediately following the last day of the declared

period.

(8) Where at any time during a declared period, a person enters any

goods for home consumption, being goods of a kind in respect of

which there is in force at the time of entry of the goods a quota

order that is applicable to that person for the declared period, the

Commonwealth has the right, before authority to deal with the

goods is given under section 71C, in addition to requiring import

duty to be paid on the goods at the rate in force at that time of entry

of the goods, to require and take, for the protection of the revenue

in relation to any additional amount of duty that may become

payable on the goods, or on a part of the goods, by virtue of the

operation of subsection (6) or (7), security by way of cash deposit

of an amount equal to the amount of duty payable on the goods, or

on that part of the goods, at the rate in force at the time of entry of

the goods.

132C Revocation and variation of quota orders

(1) The Comptroller-General of Customs may, by writing under his or

her hand, revoke or vary a quota order at any time before the

expiration of the declared period to which the quota order relates.

(2) Where a quota order is revoked by the Comptroller-General of

Customs under this section, the revocation shall be deemed to have

taken effect on the day on which the order came into force.

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(3) The revocation of a quota order under this section does not prevent

the making of a further quota order that is applicable to the person

to whom the revoked quota order was applicable and that has effect

with respect to the declared period in respect of which the revoked

quota order had effect, whether or not the kind of goods to which

the further quota order relates is the same as the kind of goods to

which the revoked quota order related.

(4) Subject to subsection (5), a variation of a quota order under this

section shall, for the purposes of section 132B, be deemed to have

had effect on and from the day on which the quota order came into

force.

(5) Where:

(a) a quota order applicable to a person states that the person’s

quota in respect of goods of the kind to which the order

relates is a quantity specified in the order; and

(b) the Comptroller-General of Customs varies the order in such

a way that the order specifies a lesser quantity or states that

the person’s quota is nil;

the variation has effect on and from the day on which it is made.

132D Service of quota orders etc.

The Comptroller-General of Customs shall, as soon as practicable

after he or she makes a quota order or revokes or varies a quota

order, cause a copy of the quota order or of the revocation or

variation, as the case may be, to be served on the person to whom

the quota order is applicable.

133 Export duties

(1) All export duties shall be finally payable at the rate in force when

the goods are actually exported but in the first instance payment

shall be made by the owner to the Collector at the rate in force

when the goods are entered for export.

(2) Duty imposed on coal by the Customs Tariff (Coal Export Duty)

Act 1975 shall be payable at the rate in force when the coal is

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Section 134

374 Customs Act 1901

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exported and shall be paid before the coal is exported or within

such further period as the Collector allows.

(5) Duty imposed on Alligator Rivers Region uranium concentrate by

the Customs Tariff (Uranium Concentrate Export Duty) Act 1980

shall be payable at the rate in force when that concentrate is

exported and shall be paid before that concentrate is exported or

within such further period as the Collector allows.

134 Weights and measures

Where duties are imposed according to weight or measure the

weight or measurement of the goods shall be ascertained according

to the standard weights and measures by law established.

135 Proportion

Where duties are imposed according to a specified quantity weight

size or value the duties shall apply in proportion to any greater or

lesser quantity weight size or value.

136 Manner of fixing duty

Whenever goods (other than beer that is entered for home

consumption after 31 January 1989) are sold or prepared for sale as

or are reputed to be of a size or quantity greater than their actual

size or quantity duties shall be charged according to such

first-mentioned size or quantity.

137 Manner of determining volumes of, and fixing duty on, beer

(1) For the purposes of the Customs Acts in their application to beer

that is entered for home consumption after 31 January 1989 in a

bulk container, the container in which the beer is packaged shall be

treated as containing:

(a) if the volume of the contents of the container is nominated

for the purpose of the entry, the beer is entered before 1 July

1991 and the actual volume of the contents of the container

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does not exceed 101.5% of the nominated volume—the

nominated volume;

(b) if the volume of the contents of the container is nominated

for the purpose of the entry, the beer is entered before 1 July

1991 and the actual volume of the contents of the container

exceeds 101.5% of the nominated volume—a volume equal

to the sum of:

(i) the nominated volume; and

(ii) the volume by which the actual volume of the contents

of the container exceeds 101.5% of the nominated

volume;

(c) if the volume of the contents of the container is nominated

for the purpose of the entry, the beer is entered after 30 June

1991 and the actual volume of the contents of the container

does not exceed 101% of the nominated volume—the

nominated volume;

(d) if the volume of the contents of the container is nominated

for the purpose of the entry, the beer is entered after 30 June

1991 and the actual volume of the contents of the container

exceeds 101% of the nominated volume—a volume equal to

the sum of:

(i) the nominated volume; and

(ii) the volume by which the actual volume of the contents

of the container exceeds 101% of the nominated

volume; or

(e) if the volume of the contents of the container is not

nominated for the purpose of the entry—the actual volume of

the contents of the container;

and duty on beer so entered shall be fixed accordingly.

(2) For the purposes of the application of the Customs Acts in their

application to beer that is entered for home consumption after

31 January 1989 in a container other than a bulk container, the

container in which the beer is packaged shall be treated as

containing:

(a) if the volume of the contents of the container is indicated on

a label printed on, or attached to, the container and the actual

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376 Customs Act 1901

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volume of the contents of the container does not exceed

101.5% of the volume so indicated—the volume so

indicated;

(b) if the volume of the contents of the container is indicated on

a label printed on, or attached to, the container and the actual

volume of the contents of the container exceeds 101.5% of

the volume so indicated—a volume equal to the sum of:

(i) the volume so indicated; and

(ii) the volume by which the actual volume of the contents

of the container exceeds 101.5% of the volume so

indicated; or

(c) if the volume of the contents of the container is not indicated

on a label printed on, or attached to, the container—the actual

volume of the contents of the container;

and duty on beer so entered shall be fixed accordingly.

(3) In determining, for the purposes of this section, the volume of the

contents of containers entered for home consumption, a Collector

is not required to take a measurement of the contents of each

container so entered but may employ such methods of sampling as

are approved in writing by the Comptroller-General of Customs for

the purpose.

(4) In this section:

bulk container, in relation to beer, means a container that has the

capacity to have packaged in it more than 2 litres of beer.

container, in relation to beer, includes a bottle, can or any other

article capable of holding liquids.

142 Measurement for duty

Goods charged with duty by measurement shall at the expense of

the owner be heaped piled sorted framed or otherwise placed in

such manner as the Collector may require to enable measurement

and account thereof to be taken; and in all cases where the same

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are measured in bulk the measurement shall be taken to the full

extent of the heap or pile.

145 Value of goods sold

When the duty on any goods sold at any Collector’s sale shall be

ad valorem the value of such goods shall if approved by the

Collector be taken to be the value as shown by the sale.

148 Derelict goods dutiable

All goods derelict flotsam jetsam or lagan or landed saved or

coming ashore from any wreck or sold as droits of Admiralty shall

be charged with duty as if imported in the ordinary course.

149 Duty on goods in report of cargo that are not produced or

landed

(1) If any dutiable goods which are included in the report of any ship

or aircraft are not produced to the officer the master or owner of

the ship or the pilot or owner of the aircraft shall on demand by the

Collector pay the duty thereon as estimated by the Collector unless

the goods are accounted for to the satisfaction of the Collector.

(2) For the purposes of sections 132 and 132AA, goods to which

subsection (1) of this section applies that have not been entered for

home consumption shall be taken to have been entered for home

consumption on the day on which the demand for duty on the

goods is made.

150 Samples

Small samples of the bulk of any goods subject to customs control

may, with the approval of a Collector, be delivered free of duty.

152 Alterations to agreements where duty altered

(1) If after any agreement is made for the sale or delivery of goods

duty paid any alteration takes place in the duty collected affecting

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378 Customs Act 1901

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such goods before they are entered for home consumption, or for

export, as the case may be, then in the absence of express written

provision to the contrary the agreement shall be altered as follows:

(a) In the event of the alteration being a new or increased duty

the seller after payment of the new or increased duty may add

the difference caused by the alteration to the agreed price.

(b) In the event of the alteration being the abolition or reduction

of duty the purchaser may deduct the difference caused by

the alteration from the agreed price.

(c) Any refund or payment of increased duty resulting from the

alteration not being finally adopted shall be allowed between

the parties as the case may require.

(2) Subsection (1) does not apply in relation to duty imposed by the

Customs Tariff (Coal Export Duty) Act 1975.

(3) Subsection (1) does not apply in relation to duty imposed by the

Customs Tariff (Uranium Concentrate Export Duty) Act 1980.

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Section 153AA

Customs Act 1901 379

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Division 1AA—Calculation of duty on certain alcoholic

beverages

153AA Meaning of alcoholic beverage

In this Division:

alcoholic beverage has the meaning given by the regulations.

153AB Customs duty to be paid according to labelled alcoholic

strength of prescribed alcoholic beverages

(1) If:

(a) an alcoholic beverage is entered for home consumption or

delivered into home consumption in accordance with a

permission given under section 69; and

(b) the percentage by volume of the alcoholic content of the

beverage indicated on the beverage’s label exceeds the actual

percentage by volume of the alcoholic content of the

beverage;

customs duty is to be charged according to the percentage by

volume of alcoholic content indicated on the label.

(2) If:

(a) an alcoholic beverage is entered for or delivered into home

consumption in a labelled form and an unlabelled form; and

(b) subsection (1) applies to the beverage in its labelled form;

then subsection (1) applies to the beverage in its unlabelled form as

if it had been labelled and the label had indicated the same

percentage by volume of alcoholic content as is indicated on the

beverage in its labelled form.

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Division 1AA Calculation of duty on certain alcoholic beverages

Section 153AC

380 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

153AC Rules for working out strength of prescribed alcoholic

beverages

(1) The Comptroller-General of Customs may, by instrument in

writing, determine, in relation to an alcoholic beverage included in

a class of alcoholic beverages, rules for working out the percentage

by volume of alcohol in the beverage.

(2) Without limiting the generality of subsection (1), rules determined

by the Comptroller-General of Customs for working out the

percentage by volume of alcohol in an alcoholic beverage:

(a) may specify sampling methods; and

(b) may, for the purposes of working out the customs duty

payable, permit minor variations between the nominated or

labelled volume of alcohol in the beverage and the actual

volume of alcohol in the beverage so as to provide for

unavoidable variations directly attributable to the

manufacturing process.

(3) The Comptroller-General of Customs may make different

determinations for alcoholic beverages included in different classes

of alcoholic beverages.

(4) A determination applicable to an alcoholic beverage included in a

class of alcoholic beverages applies only to an alcoholic beverage

in that class that is entered for, or delivered into, home

consumption on or after the making of the determination.

(5) The Comptroller-General of Customs makes a determination

public:

(a) by publishing it; and

(b) by publishing notice of it in the Gazette.

(6) The notice in the Gazette must include a brief description of the

contents of the determination.

(7) The determination is made at the later of the time when it is

published and the time when notice of it is published in the

Gazette.

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Section 153AD

Customs Act 1901 381

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

153AD Obscuration

If, in the opinion of the Collector, the strength of any spirits cannot

immediately be accurately ascertained by application of the rules

(if any) made for that purpose under section 153AC, the strength

may be ascertained after distillation or in any prescribed manner.

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Division 1A Rules of origin of preference claim goods

Section 153A

382 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 1A—Rules of origin of preference claim goods

153A Purpose of Division

(1) The purpose of this Division is to set out rules for determining

whether goods are the produce or manufacture:

(a) of a particular country other than Australia; or

(b) of a Developing Country but not of a particular Developing

Country.

(2) Goods are not the produce or manufacture of a country other than

Australia unless, under the rules as so set out, they are its produce

or manufacture.

153B Definitions

In this Division:

allowable factory cost, in relation to preference claim goods and to

the factory at which the last process of their manufacture was

performed, means the sum of:

(a) the allowable expenditure of the factory on materials in

respect of the goods worked out under section 153D; and

(b) the allowable expenditure of the factory on labour in respect

of the goods worked out under section 153F; and

(c) the allowable expenditure of the factory on overheads in

respect of the goods worked out under section 153G.

Developing Country has the same meaning as in the Customs

Tariff Act 1995.

factory, in relation to preference claim goods, means:

(a) if the goods are claimed to be the manufacture of a particular

preference country—the place in that country where the last

process in the manufacture of the goods was performed; and

(b) if the goods are claimed to be the manufacture of a

preference country that is a Developing Country but not a

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Section 153B

Customs Act 1901 383

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particular Developing Country—the place in Papua New

Guinea or in a Forum Island Country where the last process

in the manufacture of the goods was performed.

Forum Island Country has the same meaning as in the Customs

Tariff Act 1995.

inner container includes any container into which preference

claim goods are packed, other than a shipping or airline container,

pallet or other similar article.

Least Developed Country has the same meaning as in the Customs

Tariff Act 1995.

manufacturer, in relation to preference claim goods, means the

person undertaking the last process in their manufacture.

materials, in relation to preference claim goods, means:

(a) if the goods are unmanufactured raw products—those

products; and

(b) if the goods are manufactured goods—all matter or

substances used or consumed in the manufacture of the goods

(other than that matter or those substances that are treated as

overheads); and

(c) in either case—the inner containers in which the goods are

packed.

person includes partnerships and unincorporated associations.

preference claim goods means goods that are claimed, when they

are entered for home consumption, to be the produce or

manufacture of a preference country.

preference country has the same meaning as in the Customs Tariff

Act 1995.

qualifying area, in relation to particular preference claim goods,

means:

(b) if the goods are claimed to be the manufacture of Canada—

Canada and Australia; or

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Section 153C

384 Customs Act 1901

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(c) if the goods are claimed to be the manufacture of Papua New

Guinea—Papua New Guinea, the Forum Island Countries,

New Zealand and Australia; or

(d) if the goods are claimed to be the manufacture of a Forum

Island Country—the Forum Island Countries, Papua New

Guinea, New Zealand and Australia; or

(e) if the goods are claimed to be the manufacture of a particular

Developing Country—the Developing Country, Papua New

Guinea, the Forum Island Countries, the other Developing

Countries and Australia; or

(f) if the goods are claimed to be the manufacture of a

Developing Country but not a particular Developing

Country—Papua New Guinea, the Forum Island Countries,

the Developing Countries and Australia; or

(fa) if goods are claimed to be the manufacture of a Least

Developed Country—the Developing Countries, the Forum

Island Countries and Australia; or

(g) if the goods are claimed to be the manufacture of a country

that is not a preference country—that country and Australia.

total factory cost, in relation to preference claim goods, means the

sum of:

(a) the total expenditure of the factory on materials in respect of

the goods, worked out under section 153C; and

(b) the allowable expenditure of the factory on labour in respect

of the goods, worked out under section 153F; and

(c) the allowable expenditure of the factory on overheads in

respect of the goods, worked out under section 153G.

153C Total expenditure of factory on materials

The total expenditure of a factory on materials in respect of

preference claim goods is the cost to the manufacturer of the

materials in the form they are received at the factory, worked out

under section 153E.

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Section 153D

Customs Act 1901 385

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

153D Allowable expenditure of factory on materials

General rule for determining allowable expenditure of a factory on

materials

(1) Subject to the exceptions set out in this section, the allowable

expenditure of a factory on materials in respect of preference claim

goods is the cost to the manufacturer of those materials in the form

they are received at the factory, worked out under section 153E.

Goods wholly or partly manufactured from materials imported

from outside the qualifying area

(2) If:

(a) preference claim goods (other than goods wholly

manufactured from unmanufactured raw products) are

manufactured, in whole or in part, from particular materials;

and

(b) those particular materials, in the form they are received at the

factory, are imported from a country outside the qualifying

area;

there is no allowable expenditure of the factory on those particular

materials.

Goods claimed to be the manufacture of a Least Developed

Country—special rule

(2A) If:

(a) goods claimed to be the manufacture of a Least Developed

Country contain materials that, in the form they were

received by the factory, were manufactured or produced in

Developing Countries that are not Least Developed

Countries; and

(b) the allowable expenditure of the factory on those materials in

aggregate would, but for this subsection, exceed 25% of the

total factory cost of the goods;

that allowable expenditure on those materials is taken to be 25% of

the total factory cost of the goods.

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Section 153D

386 Customs Act 1901

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Inland freight rule

(3) If:

(a) preference claim goods are manufactured, in whole or in part,

from particular materials; and

(b) the preference country is Papua New Guinea or a Forum

Island Country; and

(ba) the goods are claimed to be the manufacture of Papua New

Guinea or a Forum Island Country; and

(c) those particular materials:

(i) were imported into the preference country from a

country outside the qualifying area; or

(ii) incorporate other materials (contributing materials)

imported into the preference country from a country

outside the qualifying area;

then, despite subsection (2), the allowable expenditure of the

factory on those particular materials includes:

(d) the cartage of those particular materials; or

(e) the part of the cost of those particular materials that is

attributable to the cartage of those contributing materials;

from the port or airport in the preference country where those

particular materials or contributing materials are first landed to the

factory or to the plant where they are processed or first processed.

Goods wholly or partly manufactured from materials imported

from outside the qualifying area—intervening manufacture

(4) If:

(a) preference claim goods are manufactured, in whole or in part,

from particular materials; and

(b) other materials (contributing materials) have been

incorporated in those particular materials; and

(c) those contributing materials were imported into a country in

the qualifying area from a country outside the qualifying

area; and

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Section 153D

Customs Act 1901 387

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(d) after their importation and to achieve that incorporation,

those contributing materials have been subjected to a process

of manufacture, or a series of processes of manufacture, in

the qualifying area without any intervening exportation to a

country outside that area;

the allowable expenditure of the factory on those particular

materials in the form they are received at the factory does not

include any part of the cost of those particular materials to the

manufacturer, worked out under section 153E, that is attributable

to the cost of those contributing materials in the form in which the

contributing materials were received by the person who subjected

them to their first manufacturing process in the qualifying area

after importation.

Intervening export of contributing materials

(5) If contributing materials within the meaning of subsection (4) are,

after their importation into a country in the qualifying area and

before their incorporation into the particular materials from which

preference claim goods are manufactured, subsequently exported to

a country outside that area, then, on their reimportation into a

country in the qualifying area, subsection (2) or (4), as the case

requires, applies as if that subsequent reimportation were the only

importation of those materials.

(6A) If:

(a) goods claimed to be the manufacture of Papua New Guinea

or a particular Forum Island Country are manufactured, in

whole or in part, from particular materials; and

(b) if the qualifying area for that country consisted only of that

country and Australia—under subsection (4), the allowable

expenditure of the factory on those particular materials, after

excluding any costs required to be excluded under

subsection (4), would be at least 50% of the total expenditure

of the factory on those particular materials worked out in

accordance with section 153C;

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Section 153E

388 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

then, despite subsection (4), the allowable expenditure of the

factory on those particular materials is taken to be that total

expenditure.

Waste or scrap

(7) If:

(a) materials are imported into a country; and

(b) the subjecting of those materials to a process of manufacture

gives rise to waste or scrap; and

(c) that waste or scrap is fit only for the recovery of raw

materials;

any raw materials that are so recovered in that country are to be

treated, for the purposes of this section, as if they were

unmanufactured raw products of that country.

Transhipment

(8) If, in the course of their exportation from one country to another

country, materials are transhipped, that transhipment is to be

disregarded for the purpose of determining, under this section, the

country from which the materials were exported.

153E Calculation of the cost of materials received at a factory

Purpose of section

(1) This section sets out, for the purposes of sections 153C and 153D,

the rules for working out the cost of materials in the form they are

received at a factory.

General rule

(2) Subject to this section, the cost of materials received at a factory is

the amount paid or payable by the manufacturer in respect of the

materials in the form they are so received.

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Section 153E

Customs Act 1901 389

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Customs and excise duties and certain other taxes to be

disregarded

(3) Any part of the cost of materials in the form they are received at a

factory that represents:

(a) a customs or excise duty; or

(b) a tax in the nature of a sales tax, a goods and services tax, an

anti-dumping duty or a countervailing duty;

imposed on the materials by a country in the qualifying area is to

be disregarded.

Comptroller-General of Customs may require artificial elements of

cost to be disregarded

(4) If the Comptroller-General of Customs is satisfied that preference

claim goods consist partly of materials added or attached solely for

the purpose of artificially raising the allowable factory cost of the

goods, the Comptroller-General of Customs may, by written notice

given to the importer of the preference claim goods, require the

part of that cost that is, in the opinion of the Comptroller-General

of Customs, reasonably attributable to those materials, to be

disregarded.

Comptroller-General of Customs may require cost over normal

market value to be disregarded

(5) If the Comptroller-General of Customs is satisfied that the cost to

the manufacturer of materials in the form they are received at a

factory exceeds, by an amount determined by the

Comptroller-General of Customs, the normal market value of the

materials, the Comptroller-General of Customs may, by written

notice given to the importer of preference claim goods in which

those materials are incorporated, require the excess to be

disregarded.

Comptroller-General of Customs may determine cost of certain

materials received at a factory

(6) If the Comptroller-General of Customs is satisfied:

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Section 153F

390 Customs Act 1901

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(a) that materials in the form they are received at a factory are so

received:

(i) free of charge; or

(ii) at a cost that is less than the normal market value of the

materials; and

(b) that the receipt of the materials free of charge or at a reduced

cost has been arranged, directly or indirectly, by a person

who will be the importer of preference claim goods in which

those materials are incorporated;

the Comptroller-General of Customs may, by written notice given

to the importer, require that an amount determined by the

Comptroller-General of Customs to be the difference between the

cost, if any, paid by the manufacturer and the normal market value

be treated as the amount, or a part of the amount, paid by the

manufacturer in respect of the materials.

Effect of determination

(7) If the Comptroller-General of Customs gives a notice to the

importer of preference claim goods under subsection (4), (5) or (6)

in respect of materials incorporated in those goods, the cost of the

materials to the manufacturer must be determined having regard to

the terms of that notice.

153F Allowable expenditure of factory on labour

Calculation of allowable expenditure of factory on labour

(1) Allowable expenditure of a factory on labour in respect of

preference claim goods means the sum of the part of each cost

prescribed for the purposes of this subsection:

(a) that is incurred by the manufacturer of the goods; and

(b) that relates, directly or indirectly, and wholly or partly, to the

manufacture of the goods; and

(c) that can reasonably be allocated to the manufacture of the

goods.

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Section 153G

Customs Act 1901 391

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Regulations may specify manner of working out cost

(2) Regulations prescribing a cost for the purposes of subsection (1)

may also specify the manner of working out that cost.

153G Allowable expenditure of factory on overheads

Calculation of allowable expenditure of factory on overheads

(1) Allowable expenditure of a factory on overheads in respect of

preference claim goods means the sum of the part of each cost

prescribed for the purposes of this subsection:

(a) that is incurred by the manufacturer of the goods; and

(b) that relates, directly or indirectly, and wholly or partly, to the

manufacture of the goods; and

(c) that can reasonably be allocated to the manufacture of the

goods.

Regulations may specify manner of working out cost

(2) Regulations prescribing a cost for the purposes of subsection (1)

may also specify the manner of working out that cost.

153H Unmanufactured goods

Goods claimed to be the produce of a country are the produce of

that country if they are its unmanufactured raw products.

153L Manufactured goods originating in Papua New Guinea or a

Forum Island Country

Rule for certain goods wholly manufactured in Papua New Guinea

(1) Goods claimed to be the manufacture of Papua New Guinea are the

manufacture of that country if they are wholly manufactured in

Papua New Guinea from one or more of the following:

(a) unmanufactured raw products;

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Section 153LA

392 Customs Act 1901

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(b) materials wholly manufactured in Australia or Papua New

Guinea or Australia and Papua New Guinea;

(c) materials imported into Papua New Guinea that the

Comptroller-General of Customs has determined, by Gazette

notice, to be manufactured raw materials of Papua New

Guinea.

Rule for manufactured goods last processed in PNG or a Forum

Island Country

(2) Goods claimed to be the manufacture of Papua New Guinea or of a

Forum Island Country are the manufacture of that country if:

(a) the last process in their manufacture was performed in that

country; and

(b) having regard to their qualifying area, their allowable factory

cost is not less than the specified percentage of their total

factory cost.

Specified percentage

(4) The specified percentage of the total factory cost of goods referred

to in subsection (2) is:

(a) unless paragraph (b) applies—50%; or

(b) if the goods are of a kind for which the Comptroller-General

of Customs has determined, by Gazette notice, that a lesser

percentage is appropriate—that percentage.

153LA Modification of section 153L in special circumstances

When 50% in subsection 153L(4) can be read as 48%

(1) If the Comptroller-General of Customs is satisfied:

(a) that the allowable factory cost of preference claim goods in a

shipment of such goods that are claimed to be the

manufacture of Papua New Guinea or a Forum Island

Country is at least 48% but not 50% of the total factory cost

of those goods; and

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Section 153LA

Customs Act 1901 393

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(b) that the allowable factory cost of those goods would be at

least 50% of the total factory cost of those goods if an

unforeseen circumstance had not occurred; and

(c) that the unforeseen circumstance is unlikely to continue;

the Comptroller-General of Customs may determine, in writing,

that section 153L has effect:

(d) for the purpose of the shipment of goods that is affected by

that unforeseen circumstance; and

(e) for the purposes of any subsequent shipment of similar goods

that is so affected during a period specified in the

determination;

as if the reference in subsection 153L(4) to 50% were a reference

to 48%.

Effect of determination

(2) If the Comptroller-General of Customs makes a determination,

then, in relation to all preference claim goods imported into

Australia that are covered by the determination, section 153L has

effect in accordance with the determination.

Comptroller-General of Customs may revoke determination

(3) If:

(a) the Comptroller-General of Customs makes a determination;

and

(b) the Comptroller-General of Customs becomes satisfied that

the unforeseen circumstance giving rise to the determination

no longer continues;

the Comptroller-General of Customs may, by written notice,

revoke the determination despite the fact that the period referred to

in the determination has not ended.

Definition of similar goods

(4) In this section:

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Section 153M

394 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

similar goods, in relation to goods in a particular shipment, means

goods:

(a) that are contained in another shipment that is imported by the

same importer; and

(b) that undergo the same process or processes of manufacture as

the goods in the first-mentioned shipment.

153M Manufactured goods originating in a particular Developing

Country

Goods claimed to be the manufacture of a particular Developing

Country are the manufacture of that country if:

(a) the last process in their manufacture was performed in that

country; and

(b) having regard to their qualifying area, their allowable factory

cost is at least 50% of their total factory cost.

153N Manufactured goods originating in a Developing Country but

not in any particular Developing Country

Goods claimed to be the manufacture of a Developing Country, but

not of any particular Developing Country, are the manufacture of a

Developing Country, but not a particular Developing Country, if:

(a) the last process in their manufacture was performed in Papua

New Guinea or a Forum Island Country; and

(b) they are not the manufacture of Papua New Guinea or a

Forum Island Country under section 153L; and

(c) having regard to their qualifying area, their allowable factory

cost is at least 50% of their total factory cost.

153NA Manufactured goods originating in a Least Developed

Country

Goods claimed to be the manufacture of a Least Developed

Country are the manufacture of that country if:

(a) the last process in their manufacture was performed in that

country; and

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Section 153P

Customs Act 1901 395

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(b) having regard to their qualifying area, their allowable factory

cost is at least 50% of their total factory cost.

153P Manufactured goods originating in Canada

General rule

(1) Despite section 153H and subsections (2) and (3), goods claimed to

be the produce or manufacture of Canada are not the produce or

manufacture of that country unless:

(a) they have been shipped to Australia from Canada; and

(b) either:

(i) they have not been transhipped; or

(ii) the Comptroller-General of Customs is satisfied that,

when they were shipped from Canada, their intended

destination was Australia.

Rule for certain manufactured goods wholly manufactured in

Canada

(2) Goods claimed to be the manufacture of Canada are the

manufacture of that country if they are wholly manufactured in

Canada from one or more of the following:

(a) unmanufactured raw products;

(b) materials wholly manufactured in Australia or Canada or

Australia and Canada;

(c) materials imported into Canada that the Comptroller-General

of Customs has determined, by Gazette notice, to be

manufactured raw materials of Canada.

Rule for other manufactured goods last processed in Canada

(3) Goods claimed to be the manufacture of Canada are the

manufacture of that country if:

(a) the last process in their manufacture was performed in

Canada; and

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Section 153Q

396 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) having regard to their qualifying area, their allowable factory

cost is not less than the specified percentage of their total

factory cost.

Specified percentage

(4) The specified percentage of the total factory cost of goods referred

to in subsection (3) is:

(a) if the goods are of a kind commercially manufactured in

Australia—75%; or

(b) if the goods are of a kind not commercially manufactured in

Australia—25%.

153Q Manufactured goods originating in a country that is not a

preference country

Rule for certain goods wholly manufactured in a country that is not

a preference country

(1) Goods claimed to be the manufacture of a country that is not a

preference country are the manufacture of that country if they are

wholly manufactured in that country from one or more of the

following:

(a) unmanufactured raw products;

(b) materials wholly manufactured in Australia or the country or

Australia and the country;

(c) materials imported into the country that the

Comptroller-General of Customs has determined, by Gazette

notice, to be manufactured raw materials of the country.

Rule for other manufactured goods last processed in a country that

is not a preference country

(2) Goods claimed to be the manufacture of a country that is not a

preference country are the manufacture of that country if:

(a) the last process in their manufacture was performed in that

country; and

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Section 153R

Customs Act 1901 397

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(b) having regard to their qualifying area, their allowable factory

cost is not less than the specified percentage of their total

factory cost.

Specified percentage

(3) Subject to subsection (4), the specified percentage of the total

factory cost of goods referred to in subsection (2) is:

(a) if the goods are of a kind commercially manufactured in

Australia—75%; or

(b) if the goods are of a kind not commercially manufactured in

Australia—25%.

Special rule for Christmas Island, Cocos (Keeling) Islands and

Norfolk Island

(4) If the country that is not a preference country is Christmas Island,

Cocos (Keeling) Islands or Norfolk Island, the specified percentage

of the total factory cost of goods referred to in subsection (2) is:

(a) if the goods are of a kind commercially manufactured in

Australia—50%; or

(b) if the goods are of a kind not commercially manufactured in

Australia—25%.

153R Are goods commercially manufactured in Australia?

Comptroller-General of Customs may determine that goods are, or

are not, commercially manufactured in Australia

(1) For the purposes of sections 153P and 153Q, the

Comptroller-General of Customs may, by Gazette notice,

determine that goods of a specified kind are, or are not,

commercially manufactured in Australia.

Effect of determination

(2) If such a determination is made, this Division has effect

accordingly.

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Section 153S

398 Customs Act 1901

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153S Rule against double counting

In determining the allowable factory cost or the total factory cost

of preference claim goods, a cost incurred, whether directly or

indirectly, by the manufacturer of the goods must not be taken into

account more than once.

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Division 1B

Section 153U

Customs Act 1901 399

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 1B—Rules of origin of goods claimed to be the

produce or manufacture of Singapore

Subdivision A—Preliminary

153U Purpose of this Division

The purpose of this Division is to set out rules for determining

whether goods are the produce or manufacture of Singapore.

153UA Definitions

In this Division:

allowable cost to manufacture has the meaning given by

section 153W.

allowable expenditure by the principal manufacturer on labour

has the meaning given by section 153WB.

allowable expenditure by the principal manufacturer on

materials has the meaning given by section 153WA.

allowable expenditure by the principal manufacturer on

overheads has the meaning given by section 153WC.

Certificate of Origin means a certificate that complies with the

requirements of Annex 2A of SAFTA.

cultivate includes cultivate by a process of aquaculture.

input means any matter or substance used or consumed in the

manufacture or production of a material, other than a matter or

substance that is treated as an overhead.

manufacture means the creation of an article essentially different

from the matters or substances that go into such manufacture and

does not include the following activities (whether performed alone

or in combination with each other):

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Section 153UA

400 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) restoration or renovation processes such as repairing,

reconditioning, overhauling or refurbishing;

(b) minimal operations;

(c) quality control inspections.

material means any matter or substance purchased by the principal

manufacturer of the goods and used or consumed in the processing

of the goods, other than any matter or substance that is treated as

an overhead.

minimal operations means pressing, labelling, ticketing, packaging

and preparation for sale, or any similar process, whether conducted

alone or in combination with each other.

partly manufactured in Singapore, in relation to goods, has the

meaning given by section 153VB.

person includes partnerships and unincorporated associations.

principal manufacturer, in relation to goods, means the person in

Singapore who performs, or has had performed on its behalf, the

last process of manufacture of the goods.

process means any operation performed on goods, and includes:

(a) a process of manufacture; and

(b) minimal operations; and

(c) quality control inspections.

produce, in relation to wholly obtained goods, means grow, mine,

harvest, fish, hunt, gather, trap, capture, farm, cultivate or

otherwise obtain wholly obtained goods.

SAFTA means the Singapore-Australia Free Trade Agreement

done at Singapore on 17 February 2003, as amended from time to

time.

Note: In 2003 the text of the Agreement was accessible through the website

of the Department of Foreign Affairs and Trade.

total cost to manufacture has the meaning given by section 153X.

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Section 153UB

Customs Act 1901 401

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

total expenditure by the principal manufacturer on materials has

the meaning given by section 153XA.

total expenditure by the principal manufacturer on overseas

processing costs has the meaning given by section 153XB.

unmanufactured raw products means:

(a) natural or primary products that have not been subjected to

an industrial process, other than an ordinary process of

primary production, and includes:

(i) animals and products obtained from animals, including

greasy wool; and

(ii) plants and products obtained from plants; and

(iii) minerals in their natural state and ores; and

(iv) crude petroleum; or

(b) raw materials recovered in Singapore or in Australia from

waste and scrap.

waste and scrap means only waste and scrap that:

(a) have been derived from manufacturing operations or

consumption; and

(b) are fit only for the recovery of raw materials.

wholly manufactured in Singapore, in relation to goods, has the

meaning given by section 153VA.

wholly obtained goods means:

(a) unmanufactured raw products; or

(b) waste and scrap.

153UB Rule against double counting

In determining:

(a) the allowable cost to manufacture; or

(b) the total cost to manufacture;

goods claimed to be the produce or manufacture of Singapore, a

cost incurred, whether directly or indirectly, by the principal

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Singapore

Section 153UC

402 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

manufacturer of the goods must not be taken into account more

than once.

153UC Comptroller-General of Customs may determine cost of

certain input, material etc.

If the Comptroller-General of Customs is satisfied that any input,

material, labour, overhead or overseas process was provided:

(a) free of charge; or

(b) at a price that is inconsistent with the normal market value of

that input, material, labour, overhead or overseas process;

the Comptroller-General of Customs may require, in writing, that

an amount determined by the Comptroller-General of Customs to

be the normal market value of that input, material, labour,

overhead or overseas process be treated, for the purposes of this

Division, as the amount paid by the manufacturer for the input,

material, labour, overhead or overseas process.

Subdivision B—Rules of origin of goods claimed to be the

produce or manufacture of Singapore

153V Goods claimed to be the produce or manufacture of Singapore

Goods claimed to be produce of Singapore

(1) Goods claimed to be the produce of Singapore are the produce of

that country if they are wholly obtained goods produced in

Singapore.

Goods claimed to be manufacture of Singapore

(2) Goods claimed to be the manufacture of Singapore are the

manufacture of that country if:

(a) they are wholly manufactured in Singapore; or

(b) they are partly manufactured in Singapore.

(3) This section is subject to sections 153VE and 153VF.

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Section 153VA

Customs Act 1901 403

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

153VA Goods wholly manufactured in Singapore

Goods are wholly manufactured in Singapore if they are

manufactured in that country from one or more of the following:

(a) unmanufactured raw products;

(b) waste and scrap produced in Singapore or Australia;

(c) materials wholly manufactured within Singapore or

Australia;

(d) materials imported into Singapore that the

Comptroller-General of Customs has determined, by Gazette

notice, to be manufactured raw materials of Singapore.

153VB Goods partly manufactured in Singapore

General rule

(1) Goods are partly manufactured in Singapore if:

(a) in relation to any goods—subsection (2) applies to the goods;

or

(b) in relation to any goods that are not specified in Annex 2C of

SAFTA—subsection (5) applies to the goods.

Any goods

(2) This subsection applies to the goods if:

(a) the last process of manufacture was performed in Singapore

by, or on behalf of, the principal manufacturer; and

(b) the allowable cost to manufacture the goods is not less than:

(i) if the goods are specified in Annex 2D of SAFTA—

30% of the total cost to manufacture the goods; or

(ii) in any other case—50% of the total cost to manufacture

the goods.

Costs not included in allowable cost to manufacture—any goods

(3) For the purposes of subsection (2), the allowable cost to

manufacture the goods does not include the following:

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Section 153VB

404 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) the cost of any material purchased by the principal

manufacturer and subsequently processed outside Singapore

or Australia;

(b) the cost of processing (including the cost of labour and

overheads) any materials referred to in paragraph (a) that is

performed, whether in Singapore or Australia or elsewhere,

up until the processed material is returned to Singapore.

Minimal operations or quality control inspections

(4) For the purposes of subsection (2), if minimal operations or quality

control inspections are conducted by, or on behalf of, the principal

manufacturer in Singapore, as part of a process of manufacturing

the goods, the cost of those minimal operations or quality control

inspections may be included in the calculation of:

(a) the total expenditure on materials; and

(b) the allowable expenditure on materials, labour and

overheads;

to the extent that they relate to the cost of materials, labour or

overheads, as the case requires.

Goods other than those specified in Annex 2C

(5) This subsection applies to the goods if:

(a) one or more processes of manufacture was or were performed

on the goods in Singapore by, or on behalf of, the principal

manufacturer; and

(b) one or more processes was or were performed on the goods

in Singapore by, or on behalf of, the principal manufacturer

immediately prior to export of the goods to Australia; and

(c) the principal manufacturer in Singapore incurred all the costs

associated with any process performed on the goods outside

Singapore or Australia; and

(d) the allowable cost to manufacture the goods is not less than:

(i) if the goods are specified in Annex 2D of SAFTA—

30% of the total cost to manufacture the goods; or

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Section 153VC

Customs Act 1901 405

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(ii) in any other case—50% of the total cost to manufacture

the goods.

Costs not included in allowable cost to manufacture—other goods

(6) For the purposes of subsection (5), the allowable cost to

manufacture the goods does not include the cost of processing

(including the cost of labour or overheads) any material outside

Singapore or Australia.

153VC Reduction of the required percentage of allowable cost to

manufacture in unforeseen circumstances

When 30% in subsection 153VB(2) or 153VB(5) can be read as

28%

(1) If the Comptroller-General of Customs is satisfied:

(a) that the allowable cost to manufacture goods that are claimed

to be the manufacture of Singapore, in a shipment of such

goods, is at least 28% but not 30%, of the total cost to

manufacture those goods; and

(b) that the allowable cost to manufacture those goods would be

at least 30% of the total cost to manufacture those goods if an

unforeseen circumstance had not occurred; and

(c) that the unforeseen circumstance is unlikely to continue;

the Comptroller-General of Customs may determine, in writing,

that subsection 153VB(2) or 153VB(5) has effect:

(d) for the purposes of the shipment of goods that is affected by

that unforeseen circumstance; and

(e) for the purposes of any subsequent shipment of similar goods

that is so affected during a period specified in the

determination;

as if the reference in subsection 153VB(2) or 153VB(5) to 30%

were a reference to 28%.

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Section 153VC

406 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

When 50% in subsection 153VB(2) or 153VB(5) can be read as

48%

(2) If the Comptroller-General of Customs is satisfied:

(a) that the allowable cost to manufacture goods that are claimed

to be the manufacture of Singapore, in a shipment of such

goods, is at least 48% but not 50%, of the total cost to

manufacture those goods; and

(b) that the allowable cost to manufacture those goods would be

at least 50% of the total cost to manufacture those goods if an

unforeseen circumstance had not occurred; and

(c) that the unforeseen circumstance is unlikely to continue;

the Comptroller-General of Customs may determine, in writing,

that subsection 153VB(2) or 153VB(5) has effect:

(d) for the purposes of the shipment of goods that is affected by

that unforeseen circumstance; and

(e) for the purposes of any subsequent shipment of similar goods

that is so affected during a period specified in the

determination;

as if the reference in subsection 153VB(2) or 153VB(5) to 50%

were a reference to 48%.

Effect of determination

(3) If the Comptroller-General of Customs makes a determination

under this section then, in relation to all goods imported into

Australia that are covered by that determination, section 153VB

has effect in accordance with the determination.

Comptroller-General of Customs may revoke determination

(4) If:

(a) the Comptroller-General of Customs has made a

determination under this section; and

(b) the Comptroller-General of Customs becomes satisfied that

the unforeseen circumstance giving rise to the determination

no longer continues;

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Section 153VD

Customs Act 1901 407

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

the Comptroller-General of Customs may, by written notice,

revoke the determination despite the fact that the period referred to

in the determination has not ended.

Similar goods

(5) In this section:

similar goods, in relation to goods in a particular shipment, means

goods:

(a) that are contained in another shipment that is imported by the

same importer; and

(b) that are covered by the same Certificate of Origin.

153VD Changing the required percentage of allowable cost to

manufacture in exceptional circumstances

Comptroller-General of Customs may determine a different

percentage

(1) If the Comptroller-General of Customs is satisfied that exceptional

circumstances apply, the Comptroller-General of Customs may

determine, by Gazette notice, that a reference to a percentage in

subsection 153VB(2) or 153VB(5) is taken to be a reference to

another percentage in respect of particular goods or goods of a

specific class or kind during a period specified in the

determination.

Effect of determination

(2) If the Comptroller-General of Customs makes a determination

under this section then, in relation to all goods imported into

Australia that are covered by that determination, section 153VB

has effect in accordance with the determination.

Comptroller-General of Customs may revoke determination

(3) If:

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Section 153VE

408 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) the Comptroller-General of Customs makes a determination

under this section; and

(b) the Comptroller-General of Customs becomes satisfied that

the exceptional circumstances giving rise to the

determination no longer continue;

the Comptroller-General of Customs may, by Gazette notice,

revoke the determination despite the fact that the period referred to

in the determination has not ended.

153VE Certificate of Origin requirements

Certificate of Origin

(1) Goods claimed to be the produce or manufacture of Singapore are

not the produce or manufacture of Singapore, unless:

(a) at the time of entry of the goods, the importer of the goods

holds a valid Certificate of Origin relevant to those goods;

and

(b) if, at the time of entry of the goods, the importer of the goods

has previously used that Certificate of Origin in respect of

goods of the same kind—at the time of entry of the goods to

which the claim relates, the importer of those goods also

holds a declaration relevant to those goods; and

(c) if an officer requests production of a copy of any document

that the importer of the goods is required under paragraph (a)

or (b) to hold—a copy of that document is produced to the

officer.

Declaration

(2) In this section:

declaration means a declaration made, by the exporter of the goods

in question from Singapore, in accordance with Article 11.6 of

Chapter 3 of SAFTA.

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Section 153VF

Customs Act 1901 409

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

153VF Consignment requirements

Goods claimed to be the produce or manufacture of Singapore are

not the produce or manufacture of Singapore, unless:

(a) they have been transported directly to Australia from

Singapore; or

(b) they have been transported through a country or place other

than Singapore or Australia but:

(i) did not undergo operations in that country or place other

than packing, packaging, unloading, reloading or

operations to preserve them in good condition; and

(ii) were not traded or used in that country or place; or

(c) they have been transported from a country or place other than

Singapore where minimal operations were performed

immediately after importation from Singapore and

immediately before their exportation to Australia.

Subdivision C—Allowable cost to manufacture

153W Allowable cost to manufacture

The allowable cost to manufacture goods is the sum of:

(a) the allowable expenditure by the principal manufacturer on

materials in respect of the goods; and

(b) the allowable expenditure by the principal manufacturer on

labour in respect of the goods; and

(c) the allowable expenditure by the principal manufacturer on

overheads in respect of the goods.

153WA Allowable expenditure by principal manufacturer on

materials

General rule

(1) The allowable expenditure by the principal manufacturer on

materials in respect of goods is the amount incurred, directly or

indirectly, by the principal manufacturer for all materials, in the

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Section 153WA

410 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

form purchased by the principal manufacturer, that were

manufactured or produced in Singapore or Australia.

Particular matters included in allowable expenditure on materials

(2) The allowable expenditure by the principal manufacturer on

materials in respect of goods includes:

(a) freight, insurance, shipping and packing costs and all other

costs, incurred directly or indirectly by the principal

manufacturer, in transporting the materials to the first place

in Singapore or Australia at which a process is performed on

those materials by or on behalf of the principal manufacturer;

and

(b) customs brokerage fees, incurred directly or indirectly by the

principal manufacturer on the materials paid in Singapore or

Australia or both.

What is not included in allowable expenditure on materials

(3) The allowable expenditure by the principal manufacturer on

materials in respect of goods does not include the following:

(a) a customs or excise duty imposed on the materials by or

under a law of Singapore or Australia;

(b) a tax in the nature of a sales tax, a goods and services tax, an

anti-dumping duty or a countervailing duty, imposed on the

materials by or under a law of Singapore or Australia;

(c) the cost of any input that, in the form it was received by the

manufacturer or producer of the materials, was not

manufactured or produced in Singapore or Australia.

Total cost of inputs may be included in allowable expenditure on

materials

(4) Despite paragraph (3)(c), the total cost of those inputs that would,

because of that paragraph, not have been included in the allowable

expenditure on a material by the principal manufacturer may be

included in that allowable expenditure if the total cost does not

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Section 153WB

Customs Act 1901 411

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

exceed 50% of the total expenditure by the principal manufacturer

on that material.

(5) Subsection (4) does not apply in relation to materials that are

provided for processing in a country other than Singapore or

Australia.

153WB Allowable expenditure by principal manufacturer on labour

The allowable expenditure by the principal manufacturer on

labour, in respect of goods, is the sum of those parts, of the costs

relating to the goods that are costs referred to in section (i) of

Annex 2B of SAFTA, that:

(a) are incurred, directly or indirectly, by the principal

manufacturer; and

(b) relate, directly or indirectly, and wholly or partly, to the

processing of the goods in Singapore; and

(c) can reasonably be allocated to the processing of the goods in

Singapore.

153WC Allowable expenditure by principal manufacturer on

overheads

The allowable expenditure by the principal manufacturer on

overheads, in respect of goods, is the sum of those parts, of the

costs relating to the goods that are costs allowed in section (ii) of

Annex 2B of SAFTA, that:

(a) are incurred, directly or indirectly, by the principal

manufacturer; and

(b) relate, directly or indirectly, and wholly or partly, to the

processing of the goods in Singapore; and

(c) can reasonably be allocated to the processing of the goods in

Singapore.

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Singapore

Section 153X

412 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Subdivision D—Total cost to manufacture

153X Total cost to manufacture

The total cost to manufacture goods is the sum of:

(a) the total expenditure by the principal manufacturer on

materials in respect of the goods; and

(b) the allowable expenditure by the principal manufacturer on

labour in respect of the goods; and

(c) the allowable expenditure by the principal manufacturer on

overheads in respect of the goods; and

(d) the total expenditure (if any) by the principal manufacturer

on overseas processing costs in respect of the goods.

153XA Total expenditure by principal manufacturer on materials

General rule

(1) The total expenditure by the principal manufacturer on materials

in respect of goods is the amount incurred, directly or indirectly, by

the principal manufacturer for all materials.

What is included in total expenditure on materials

(2) The total expenditure by the principal manufacturer on materials

in respect of goods includes:

(a) freight, insurance, shipping and packing costs and all other

costs, incurred directly or indirectly by the principal

manufacturer, in transporting the materials to the first place

in Singapore or Australia at which a process is performed on

those materials by or on behalf of the principal manufacturer;

and

(b) customs brokerage fees, incurred directly or indirectly by the

principal manufacturer, on the materials paid in Singapore or

Australia or both.

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Section 153XB

Customs Act 1901 413

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

What is not included in total expenditure on materials

(3) The total expenditure by the principal manufacturer on materials in

respect of goods does not include:

(a) a customs or excise duty; or

(b) a tax in the nature of a sales tax, a goods and services tax, an

anti-dumping duty or a countervailing duty;

imposed on the materials by or under a law of Singapore or

Australia.

153XB Total expenditure by principal manufacturer on overseas

processing costs

The total expenditure by the principal manufacturer on overseas

processing costs in respect of goods is the sum of those parts, of

the costs relating to the goods, that:

(a) are incurred, directly or indirectly, by the principal

manufacturer; and

(b) relate, directly or indirectly, and wholly or partly, to the

processing of the goods outside Singapore or Australia,

including any associated transport costs; and

(c) can reasonably be allocated to the processing of the goods.

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Part VIII The duties

Division 1C US originating goods

Section 153Y

414 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 1C—US originating goods

Subdivision A—Preliminary

153Y Simplified outline

The following is a simplified outline of this Division:

• This Division defines US originating goods. Preferential rates

of customs duty under the Customs Tariff Act 1995 apply to

US originating goods that are imported into Australia.

• Subdivision B provides that goods are US originating goods if

they are wholly obtained or produced entirely in the US.

• Subdivision C provides that goods are US originating goods if

they are produced entirely in the US, or in the US and

Australia, exclusively from originating materials.

• Subdivision D sets out when goods (except clothing and

textiles) that are produced entirely in the US, or in the US and

Australia, from non-originating materials only, or from

non-originating materials and originating materials, are US

originating goods.

• Subdivision E sets out when goods that are clothing or textiles

that are produced entirely in the US, or in the US and

Australia, from non-originating materials only, or from

non-originating materials and originating materials, are US

originating goods.

• Subdivision F sets out when accessories, spare parts or tools

(imported with other goods) are US originating goods.

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Section 153YA

Customs Act 1901 415

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

• Subdivision G deals with how the packaging materials or

containers in which goods are packaged affects whether the

goods are US originating goods.

• Subdivision H deals with how the consignment of goods

affects whether the goods are US originating goods.

153YA Interpretation

Definitions

(1) In this Division:

Agreement means the Australia-United States Free Trade

Agreement done at Washington DC on 18 May 2004, as amended

from time to time.

Note: In 2004 the text of the Agreement was accessible through the website

of the Department of Foreign Affairs and Trade.

Australian originating goods means goods that are Australian

originating goods under a law of the US that implements the

Agreement.

Convention means the International Convention on the

Harmonized Commodity Description and Coding System done at

Brussels on 14 June 1983.

Note: The text of the Convention is set out in Australian Treaty Series 1988

No. 30. In 2004 this was available in the Australian Treaties Library

of the Department of Foreign Affairs and Trade, accessible through

that Department’s website.

customs value, in relation to goods, has the meaning given by

section 159.

fuel has its ordinary meaning.

Harmonized System means the Harmonized Commodity

Description and Coding System (as in force from time to time) that

is established by or under the Convention.

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Section 153YA

416 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Harmonized US Tariff Schedule means the Harmonized Tariff

Schedule of the United States (as in force from time to time).

indirect materials means:

(a) goods used in the production, testing or inspection of other

goods, but that are not physically incorporated in the other

goods; or

(b) goods used in the operation or maintenance of buildings or

equipment associated with the production of other goods;

including:

(c) fuel; and

(d) tools, dies and moulds; and

(e) lubricants, greases, compounding materials and other similar

goods; and

(f) gloves, glasses, footwear, clothing, safety equipment and

supplies for any of these things; and

(g) catalysts and solvents.

Interpretation Rules means the General Rules for the

Interpretation of the Harmonized System provided for by the

Convention.

non-originating materials means goods that are not originating

materials.

originating materials means:

(a) goods that are used in the production of other goods and that

are US originating goods; or

(b) goods that are used in the production of other goods and that

are Australian originating goods; or

(c) indirect materials.

Example: This example illustrates goods produced from originating materials

and non-originating materials.

Pork sausages are produced in the US from US cereals, Hungarian

frozen pork meat and Brazilian spices.

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Section 153YA

Customs Act 1901 417

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

The US cereals are originating materials since they are goods used in

the production of other goods (the sausages) and they are US

originating goods under Subdivision B.

The Hungarian frozen pork meat and Brazilian spices are

non-originating materials since they are produced in countries other

than the US and Australia.

person of the US means a person of a Party within the meaning, in

so far as it relates to the US, of Article 1.2 of the Agreement.

produce means grow, raise, mine, harvest, fish, trap, hunt,

manufacture, process, assemble or disassemble. Producer and

production have corresponding meanings.

recovered goods means goods in the form of individual parts that:

(a) have resulted from the complete disassembly of goods which

have passed their useful life or which are no longer useable

due to defects; and

(b) have been cleaned, inspected or tested (as necessary) to bring

them into reliable working condition.

remanufactured goods means goods that:

(a) are produced entirely in the US; and

(b) are classified to:

(i) Chapter 84, 85 or 87 (other than heading 8418, 8516 or

8701 to 8706), or to heading 9026, 9031 or 9032 of

Chapter 90, of the Harmonized System; or

(ii) any other tariff classification prescribed by the

regulations; and

(c) are entirely or partially comprised of recovered goods; and

(d) have a similar useful life, and meet the same performance

standards, as new goods:

(i) that are so classified; and

(ii) that are not comprised of any recovered goods; and

(e) have a producer’s warranty similar to such new goods.

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Section 153YA

418 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Schedule 1 tariff table means the table in Schedule 1 to the

Customs (Australia-United States Free Trade Agreement)

Regulations 2004.

Schedule 2 tariff table means the table in Schedule 2 to the

Customs (Australia-United States Free Trade Agreement)

Regulations 2004.

US means the United States of America.

used means used or consumed in the production of goods.

US originating goods means goods that, under this Division, are

US originating goods.

Value of goods

(2) The value of goods for the purposes of this Division is to be

worked out in accordance with the regulations. The regulations

may prescribe different valuation rules for different kinds of goods.

Tariff classifications

(3) In specifying tariff classifications for the purposes of this Division,

the regulations may refer to the following:

(a) the Harmonized System;

(b) the Harmonized US Tariff Schedule.

(4) Subsection 4(3A) does not apply for the purposes of this Division.

Regulations

(5) For the purposes of this Division, the regulations may apply, adopt

or incorporate any matter contained in any instrument or other

writing as in force or existing from time to time.

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Section 153YB

Customs Act 1901 419

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Subdivision B—Goods wholly obtained or produced entirely in

the US

153YB Goods wholly obtained or produced entirely in the US

(1) Goods are US originating goods if they are wholly obtained or

produced entirely in the US.

(2) Goods are wholly obtained or produced entirely in the US if, and

only if, the goods are:

(a) minerals extracted in the US; or

(b) plants grown in the US, or in the US and Australia, or

products obtained from such plants; or

(c) live animals born and raised in the US, or in the US and

Australia, or products obtained from such animals; or

(d) goods obtained from hunting, trapping, fishing or aquaculture

conducted in the US; or

(e) fish, shellfish or other marine life taken from the sea by ships

registered or recorded in the US and flying the flag of the

US; or

(f) goods produced exclusively from goods referred to in

paragraph (e) on board factory ships registered or recorded in

the US and flying the flag of the US; or

(g) goods taken from the seabed, or beneath the seabed, outside

the territorial waters of the US by the US or a person of the

US, but only if the US has the right to exploit that part of the

seabed; or

(h) goods taken from outer space by the US or a person of the

US; or

(i) waste and scrap that:

(i) has been derived from production operations in the US;

or

(ii) has been derived from used goods that are collected in

the US and that are fit only for the recovery of raw

materials; or

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Section 153YC

420 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(j) recovered goods derived in the US and used in the US in the

production of remanufactured goods; or

(k) goods produced entirely in the US exclusively from goods

referred to in paragraphs (a) to (i) or from their derivatives.

Subdivision C—Goods produced entirely in the US or in the US

and Australia exclusively from originating materials

153YC Goods produced entirely in the US or in the US and

Australia exclusively from originating materials

Goods are US originating goods if they are produced entirely in

the US, or entirely in the US and Australia, exclusively from

originating materials.

Subdivision D—Goods (except clothing and textiles) produced

entirely in the US or in the US and Australia from

non-originating materials

153YD Simplified outline

The following is a simplified outline of this Subdivision:

• This Subdivision sets out when goods (except clothing and

textiles) that are produced entirely in the US, or in the US and

Australia, from non-originating materials only, or from

non-originating materials and originating materials, are US

originating goods.

• The goods may be US originating goods under section 153YE

(which applies to all goods except clothing and textiles).

• The goods may also be US originating goods under

section 153YF (which applies only to goods that are

chemicals, plastics or rubber).

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Section 153YE

Customs Act 1901 421

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

153YE Goods (except clothing and textiles) produced entirely in the

US or in the US and Australia from non-originating

materials

(1) Goods are US originating goods if:

(a) a tariff classification (the final classification) that is

specified in column 2 of the Schedule 1 tariff table applies to

the goods; and

(b) they are produced entirely in the US, or entirely in the US

and Australia, from non-originating materials only or from

non-originating materials and originating materials; and

(c) if any of the following 3 requirements apply in relation to the

goods—that requirement is satisfied.

First requirement

(2) Subject to subsection (3), the first requirement applies only if a

change in tariff classification is specified in column 3 of the

Schedule 1 tariff table opposite the final classification for the

goods. The first requirement is that:

(a) each of the non-originating materials satisfies the

transformation test (see subsection (8)); or

(b) the following are satisfied:

(i) the total value of all the non-originating materials, that

do not satisfy the transformation test (see

subsection (8)), does not exceed 10% of the customs

value of the goods;

(ii) if one or more of the non-originating materials are

prescribed for the purposes of this paragraph—each of

those non-originating materials satisfies the

transformation test (see subsection (8)).

Note 1: Paragraph (2)(b) relates to Article 5.2 (De Minimis) of the Agreement.

Note 2: The value of the non-originating materials is to be worked out in

accordance with the regulations: see subsection 153YA(2).

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Section 153YE

422 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(3) However, the first requirement does not apply if:

(a) an alternative requirement to the change in tariff

classification is also specified in column 3 of the Schedule 1

tariff table opposite the final classification for the goods; and

(b) that alternative requirement is satisfied.

Second requirement

(4) Subject to subsection (5), the second requirement applies only if a

regional value content requirement is specified in column 3 of the

Schedule 1 tariff table opposite the final classification for the

goods. The second requirement is that the goods satisfy that

regional value content requirement.

(5) However, the second requirement does not apply if:

(a) an alternative requirement to the regional value content

requirement is also specified in column 3 of the Schedule 1

tariff table opposite the final classification for the goods; and

(b) that alternative requirement is satisfied.

(6) The regulations may prescribe different regional value content

requirements for different kinds of goods.

Third requirement

(7) The third requirement is that the goods satisfy any other

requirement that is specified in, or referred to in, column 3 of the

Schedule 1 tariff table opposite the final classification for the

goods.

Transformation test

(8) A non-originating material satisfies the transformation test if:

(a) it satisfies the change in tariff classification that is specified

in column 3 of the Schedule 1 tariff table opposite the final

classification for the goods; or

(b) it does not satisfy the change in tariff classification

mentioned in paragraph (a), but it was produced entirely in

the US, or entirely in the US and Australia, from other

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Section 153YF

Customs Act 1901 423

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

non-originating materials, and each of those materials

satisfies the transformation test (including by one or more

applications of this subsection).

Note 1: Paragraph (8)(b) relates to paragraph 2 of Article 5.3 (Accumulation)

of the Agreement.

Note 2: Subsection (8) operates in a recursive manner: a non-originating

material may satisfy the transformation test in its own right, or it may

satisfy it because each non-originating material used to produce it

satisfies the transformation test (whether because each of those

materials does so in its own right, or because each non-originating

material used to produce the material does so), and so on.

153YF Goods that are chemicals, plastics or rubber

Goods are US originating goods if:

(a) they are produced entirely in the US, or entirely in the US

and Australia, from non-originating materials only or from

non-originating materials and originating materials; and

(b) they are goods that are classified to any of Chapters 28 to 40

of the Harmonized System; and

(c) a tariff classification (the final classification) that is

specified in column 2 of the Schedule 1 tariff table applies to

the goods; and

(d) before the tariff classifications in column 2 of that table in

relation to Chapter 28 or 39 of the Harmonized System, the

regulations specify particular rules in column 3 of that table;

and

(e) those rules apply in relation to the final classification for the

goods; and

(f) the goods satisfy those rules.

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Division 1C US originating goods

Section 153YG

424 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Subdivision E—Goods that are clothing or textiles produced

entirely in the US or in the US and Australia from

non-originating materials

153YG Simplified outline

The following is a simplified outline of this Subdivision:

• This Subdivision sets out when goods that are clothing or

textiles that are produced entirely in the US, or in the US and

Australia, from non-originating materials only, or from

non-originating materials and originating materials, are US

originating goods.

• The goods may be US originating goods under section 153YH

(which applies to all clothing and textiles).

• The goods may also be US originating goods under

section 153YI (which applies only to clothing and textiles

classified to Chapter 62 of the Harmonized System).

153YH Goods that are clothing or textiles produced entirely in the

US or in the US and Australia from non-originating

materials

(1) Subject to subsection (5), goods are US originating goods if:

(a) a tariff classification (the final classification) that is

specified in column 2 of the Schedule 2 tariff table applies to

the goods; and

(b) they are produced entirely in the US, or entirely in the US

and Australia, from non-originating materials only or from

non-originating materials and originating materials; and

(ba) if the component of the goods that determines the final

classification for the goods contains elastomeric yarns—the

elastomeric yarns are produced entirely in the US or

Australia; and

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Section 153YH

Customs Act 1901 425

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(c) if any of the following 2 requirements apply in relation to the

goods—that requirement is satisfied.

Note 1: Subsection (5) sets out a qualification for goods put up in a set for

retail sale.

Note 2: Paragraph (1)(ba) relates to paragraph 7 of Article 4.2 (Rules of origin

and related matters) of the Agreement.

First requirement

(2) The first requirement applies only if a change in tariff classification

is specified in column 3 of the Schedule 2 tariff table opposite the

final classification for the goods. The first requirement is that:

(a) subject to subsection (3), each of the non-originating

materials satisfies the transformation test (see

subsection (7)); or

(b) the following are satisfied:

(i) the total weight of all the relevant non-originating

materials (see subsection (8)) does not exceed 7% of the

total weight of the component of the goods that

determines the final classification for the goods;

(ii) if one or more of the non-originating materials are

prescribed for the purposes of this paragraph—each of

those non-originating materials satisfies the

transformation test (see subsection (7)).

Note: Paragraph (2)(b) relates to paragraph 6 (De Minimis) of Article 4.2 of

the Agreement.

(3) In relation to goods classified to Chapter 61, 62 or 63 of the

Harmonized System, paragraph (2)(a) is to be applied by applying:

(a) for goods covered by Chapter 61 of the Harmonized

System—Chapter Rule 2 for Chapter 61 that is set out in the

Schedule 2 tariff table; and

(b) for goods covered by Chapter 62 of the Harmonized

System—Chapter Rule 3 for Chapter 62 that is set out in the

Schedule 2 tariff table; and

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Section 153YH

426 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(c) for goods covered by Chapter 63 of the Harmonized

System—Chapter Rule 1 for Chapter 63 that is set out in the

Schedule 2 tariff table.

Second requirement

(4) The second requirement is that the goods satisfy any other

requirement that is specified in, or referred to in, column 3 of the

Schedule 2 tariff table opposite the final classification for the

goods.

Goods put up in a set for retail sale

(5) However, if:

(a) the goods are put up in a set for retail sale; and

(b) the goods are classified in accordance with Rule 3 of the

Interpretation Rules;

the goods are US originating goods only if:

(c) all of the goods in the set are US originating goods under this

Division; or

(d) the total value of the goods in the set that are not US

originating goods under this Division does not exceed 10%

of the customs value of the set of goods.

Note: The value of the goods in the set is to be worked out in accordance

with the regulations: see subsection 153YA(2).

(6) In applying paragraph (5)(c), assume the goods were not part of a

set.

Example: A skirt and a belt are put up in a set for retail sale. The skirt and the

belt have been classified under Rule 3 of the Interpretation Rules

according to the tariff classification applicable to skirts.

The effect of subsection (6) is that the origin of the belt must now be

determined according to the tariff classification applicable to belts.

Transformation test

(7) A non-originating material satisfies the transformation test if:

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Section 153YI

Customs Act 1901 427

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(a) it satisfies the change in tariff classification that is specified

in column 3 of the Schedule 2 tariff table opposite the final

classification for the goods; or

(b) it does not satisfy the change in tariff classification

mentioned in paragraph (a), but it was produced entirely in

the US, or entirely in the US and Australia, from other

non-originating materials, and each of those materials

satisfies the transformation test (including by one or more

applications of this subsection).

Note 1: Paragraph (7)(b) relates to paragraph 2 of Article 5.3 (Accumulation)

of the Agreement.

Note 2: Subsection (7) operates in a recursive manner: a non-originating

material may satisfy the transformation test in its own right, or it may

satisfy it because each non-originating material used to produce it

satisfies the transformation test (whether because each of those

materials does so in its own right, or because each non-originating

material used to produce the material does so), and so on.

(8) In this section:

relevant non-originating materials, in relation to goods, means

non-originating materials that:

(a) are used to produce the component of the goods that

determines the final classification for the goods; and

(b) do not satisfy the transformation test (see subsection (7)).

153YI Goods that are clothing and textiles classified to Chapter 62

of the Harmonized System

Goods are US originating goods if:

(a) they are produced entirely in the US, or entirely in the US

and Australia, from non-originating materials only or from

non-originating materials and originating materials; and

(b) they are goods that are classified to Chapter 62 of the

Harmonized System; and

(c) either:

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Section 153YJ

428 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(i) in any case—the goods satisfy Chapter Rule 2 for

Chapter 62 that is set out in the Schedule 2 tariff table;

or

(ii) in the case of goods that are classified to subheading

6205.20 or 6205.30 of Chapter 62 of the Harmonized

System—the goods satisfy the subheading rule for that

subheading that is set out in the Schedule 2 tariff table.

Subdivision F—Other US originating goods

153YJ Standard accessories, spare parts and tools

(1) If goods (the underlying goods) are imported into Australia with

standard accessories, standard spare parts or standard tools, then

the accessories, spare parts or tools are US originating goods if:

(a) the underlying goods are US originating goods; and

(b) the accessories, spare parts or tools are not invoiced

separately from the underlying goods; and

(c) the quantities and value of the accessories, spare parts or

tools are the usual quantities and value in relation to the

underlying goods.

(2) In working out if the underlying goods are US originating goods, if

the goods must satisfy a regional value content requirement under

Subdivision D, the regulations must require the value of the

accessories, spare parts or tools to be taken into account for the

purposes of that requirement.

Note: The value of the accessories, spare parts or tools is to be worked out in

accordance with the regulations: see subsection 153YA(2).

Subdivision G—Packaging materials and containers

153YK Packaging materials and containers

(1) If:

(a) goods are packaged for retail sale in packaging material or a

container; and

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Section 153YL

Customs Act 1901 429

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) the packaging material or container is classified with the

goods in accordance with Rule 5 of the Interpretation Rules;

then the packaging material or container is to be disregarded for

the purposes of this Division (with 1 exception).

(2) The exception is that in working out if the goods are US

originating goods, if the goods must satisfy a regional value

content requirement under Subdivision D, the regulations must

require the value of the packaging material or container to be taken

into account for the purposes of that requirement.

Note: The value of the packaging material or container is to be worked out

in accordance with the regulations: see subsection 153YA(2).

Subdivision H—Consignment

153YL Consignment

(1) Goods are not US originating goods under this Division if:

(a) they are transported through a country or place other than the

US or Australia; and

(b) they undergo any process of production, or any other

operation, in that country or place (other than unloading,

reloading, any operation to preserve them in good condition

or any operation that is necessary for them to be transported

to Australia).

(2) This section applies despite any other provision of this Division.

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Part VIII The duties

Division 1D Thai originating goods

Section 153Z

430 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 1D—Thai originating goods

Subdivision A—Preliminary

153Z Simplified outline

The following is a simplified outline of this Division:

• This Division defines Thai originating goods. Preferential

rates of customs duty under the Customs Tariff Act 1995 apply

to Thai originating goods that are imported into Australia.

• Subdivision B sets out when goods that are wholly obtained

goods of Thailand are Thai originating goods.

• Subdivision C sets out when goods that are produced entirely

in Thailand, or in Thailand and Australia, are Thai originating

goods.

• Subdivision D sets out when accessories, spare parts or tools

(imported with other goods) are Thai originating goods.

• Subdivision E deals with how the packaging materials or

containers in which goods are packaged affects whether the

goods are Thai originating goods.

• Subdivision F deals with how the consignment of goods

affects whether the goods are Thai originating goods.

153ZA Interpretation

Definitions

(1) In this Division:

Agreement means the Thailand-Australia Free Trade Agreement,

done at Canberra on 5 July 2004, as amended from time to time.

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Section 153ZA

Customs Act 1901 431

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Note: In 2004 the text of the Agreement was accessible through the website

of the Department of Foreign Affairs and Trade.

Australian originating goods means goods that are Australian

originating goods under a law of Thailand that implements the

Agreement.

Certificate of Origin means a certificate that is in force and that

complies with the requirements of Annex 4.2 of the Agreement.

Convention means the International Convention on the

Harmonized Commodity Description and Coding System done at

Brussels on 14 June 1983.

Note: The text of the Convention is set out in Australian Treaty Series 1988

No. 30. In 2004 this was available in the Australian Treaties Library

of the Department of Foreign Affairs and Trade, accessible through

that Department’s website.

customs value, in relation to goods, has the meaning given by

section 159.

Harmonized System means the Harmonized Commodity

Description and Coding System (as in force from time to time) that

is established by or under the Convention.

Interpretation Rules means the General Rules for the

Interpretation of the Harmonized System provided for by the

Convention.

non-originating materials means goods that are not originating

materials.

originating materials means:

(a) goods that are used in the production of other goods and that

are Thai originating goods; or

(b) goods that are used in the production of other goods and that

are Australian originating goods.

produce means grow, raise, mine, harvest, fish, trap, hunt,

manufacture, process, assemble or disassemble. Producer and

production have corresponding meanings.

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Division 1D Thai originating goods

Section 153ZB

432 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

tariff table means the table in Schedule 1 to the Customs

(Thailand-Australia Free Trade Agreement) Regulations 2004.

territorial sea has the same meaning as in the Seas and Submerged

Lands Act 1973.

Thai originating goods means goods that, under this Division, are

Thai originating goods.

Value of goods

(2) The value of goods for the purposes of this Division is to be

worked out in accordance with the regulations. The regulations

may prescribe different valuation rules for different kinds of goods.

Tariff classifications

(3) In specifying tariff classifications for the purposes of this Division,

the regulations may refer to the Harmonized System.

(4) Subsection 4(3A) does not apply for the purposes of this Division.

Regulations

(5) For the purposes of this Division, the regulations may apply, adopt

or incorporate any matter contained in any instrument or other

writing as in force or existing from time to time.

Subdivision B—Wholly obtained goods of Thailand

153ZB Wholly obtained goods of Thailand

(1) Goods are Thai originating goods if:

(a) they are wholly obtained goods of Thailand; and

(b) the importer of the goods holds, at the time the goods are

imported, a Certificate of Origin, or a copy of one, for the

goods.

(2) Goods are wholly obtained goods of Thailand if, and only if, the

goods are:

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Section 153ZB

Customs Act 1901 433

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) minerals extracted in Thailand; or

(b) agricultural goods harvested, picked or gathered in Thailand;

or

(c) live animals born and raised in Thailand; or

(d) products obtained from live animals in Thailand; or

(e) goods obtained directly from hunting, trapping, fishing,

gathering or capturing carried out in Thailand; or

(f) fish, shellfish, plant or other marine life taken:

(i) within the territorial sea of Thailand; or

(ii) within any other maritime zone in which Thailand has

sovereign rights under the law of Thailand and in

accordance with UNCLOS; or

(iii) from the high seas by ships flying the flag of Thailand;

or

(g) goods obtained or produced exclusively from goods referred

to in paragraph (f) on board factory ships flying the flag of

Thailand; or

(h) goods taken from the seabed or the subsoil beneath the

seabed of the territorial sea of Thailand or of the continental

shelf of Thailand:

(i) by Thailand; or

(ii) by a national of Thailand; or

(iii) by a body corporate incorporated in Thailand; or

(i) waste and scrap that has been derived from production

operations in Thailand and that is fit only for the recovery of

raw materials; or

(j) used goods that are collected in Thailand and that are fit only

for the recovery of raw materials; or

(k) goods produced entirely in Thailand exclusively from goods

referred to in paragraphs (a) to (j).

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Division 1D Thai originating goods

Section 153ZC

434 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Subdivision C—Goods produced entirely in Thailand or in

Thailand and Australia

153ZC Simplified outline

The following is a simplified outline of this Subdivision:

• This Subdivision sets out when goods that are produced

entirely in Thailand, or in Thailand and Australia, are Thai

originating goods.

• The goods may be Thai originating goods under

section 153ZD (which applies to all goods).

• The goods may also be Thai originating goods under

section 153ZE (which applies only to goods that are

chemicals, plastics or rubber).

153ZD Goods produced entirely in Thailand or in Thailand and

Australia

(1) Subject to subsection (6), goods are Thai originating goods if:

(a) they are classified to a heading or subheading of the

Harmonized System that is specified in column 1 or 2 of the

tariff table; and

(b) they are produced entirely in Thailand, or entirely in

Thailand and Australia, from originating materials or

non-originating materials, or both; and

(c) the requirement or requirements that are specified in column

4 of the tariff table and that apply to the goods are satisfied;

and

(d) the importer of the goods holds, at the time the goods are

imported, a Certificate of Origin, or a copy of one, for the

goods.

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Section 153ZD

Customs Act 1901 435

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Change in tariff classification

(2) The regulations may make it a requirement (the tariff change

requirement) that each non-originating material (if any) used to

produce the goods must satisfy a particular change in tariff

classification. The regulations may also set out when a

non-originating material is taken to satisfy that change.

(3) The tariff change requirement is also taken to be satisfied if the

total value of all the non-originating materials that:

(a) do not satisfy the particular change in tariff classification;

and

(b) are used to produce the goods;

does not exceed 10% of the customs value of the goods.

Regional value content

(4) The regulations may make it a requirement that the goods must

satisfy a regional value content requirement. The regulations may

prescribe different regional value content requirements for

different kinds of goods.

No limit on paragraph (1)(c)

(5) Subsections (2) and (4) do not limit the requirements the

regulations may specify under paragraph (1)(c).

Dilution with water or another substance

(6) However, the goods are not Thai originating goods under this

section if:

(a) they are classified to any of Chapters 1 to 40 of the

Harmonized System; and

(b) they are produced merely as a result of non-originating

materials being diluted with water or another substance; and

(c) that dilution does not materially alter the characteristics of

the non-originating materials.

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Division 1D Thai originating goods

Section 153ZE

436 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

153ZE Goods that are chemicals, plastics or rubber

Goods are Thai originating goods if:

(a) they are produced entirely in Thailand or entirely in Thailand

and Australia; and

(b) they are classified to any of Chapters 28 to 40 of the

Harmonized System; and

(c) they are the product of a chemical reaction (within the

meaning of the Customs (Thailand-Australia Free Trade

Agreement) Regulations 2004); and

(d) the importer of the goods holds, at the time the goods are

imported, a Certificate of Origin, or a copy of one, for the

goods.

Subdivision D—Other Thai originating goods

153ZF Standard accessories, spare parts and tools

(1) If goods (the underlying goods) are imported into Australia with

standard accessories, standard spare parts or standard tools, then

the accessories, spare parts or tools are Thai originating goods if:

(a) the underlying goods are Thai originating goods; and

(b) the accessories, spare parts or tools are not invoiced

separately from the underlying goods; and

(c) the quantities and value of the accessories, spare parts or

tools are the usual quantities and value in relation to the

underlying goods.

Exception

(2) However, the accessories, spare parts or tools are not Thai

originating goods under this section if:

(a) the underlying goods must satisfy a regional value content

requirement under section 153ZD to be Thai originating

goods; and

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Section 153ZG

Customs Act 1901 437

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) the accessories, spare parts or tools are imported solely for

the purpose of artificially raising the regional value content

of the underlying goods.

Underlying goods

(3) If:

(a) the underlying goods must satisfy a regional value content

requirement under section 153ZD to be Thai originating

goods; and

(b) the accessories, spare parts or tools are not imported solely

for the purpose of artificially raising the regional value

content of the underlying goods;

then the regulations must require the value of the accessories, spare

parts or tools to be taken into account for the purposes of that

requirement.

Note: The value of the accessories, spare parts or tools is to be worked out in

accordance with the regulations: see subsection 153ZA(2).

Subdivision E—Packaging materials and containers

153ZG Packaging materials and containers

(1) If:

(a) goods are packaged for retail sale in packaging material or a

container; and

(b) the packaging material or container is classified with the

goods in accordance with Rule 5 of the Interpretation Rules;

then the packaging material or container is to be disregarded for

the purposes of this Division (with 1 exception).

(2) The exception is that in working out if the goods are Thai

originating goods, if the goods must satisfy a regional value

content requirement under section 153ZD, the regulations must

require the value of the packaging material or container to be taken

into account for the purposes of that requirement.

Note: The value of the packaging material or container is to be worked out

in accordance with the regulations: see subsection 153ZA(2).

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Part VIII The duties

Division 1D Thai originating goods

Section 153ZH

438 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Subdivision F—Consignment

153ZH Consignment

(1) Goods are not Thai originating goods under this Division if:

(a) they are transported through a country or place other than

Thailand or Australia; and

(b) either:

(i) they undergo any process of production or other

operation in that country or place (other than any

operation to preserve them in good condition or any

operation that is necessary for them to be transported to

Australia); or

(ii) they are traded or used in that country or place.

(2) This section applies despite any other provision of this Division.

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The duties Part VIII

New Zealand originating goods Division 1E

Section 153ZIA

Customs Act 1901 439

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 1E—New Zealand originating goods

Subdivision A—Preliminary

153ZIA Simplified outline

The following is a simplified outline of this Division:

• This Division defines New Zealand originating goods.

Preferential rates of customs duty under the Customs Tariff

Act 1995 apply to New Zealand originating goods that are

imported into Australia.

• Subdivision B provides that goods are New Zealand

originating goods if they are wholly obtained or produced in

New Zealand or in New Zealand and Australia.

• Subdivision C provides that goods are New Zealand

originating goods if they are produced entirely in New

Zealand, or in New Zealand and Australia, from originating

materials only.

• Subdivision D sets out when goods are New Zealand

originating goods because they are produced entirely in New

Zealand, or in New Zealand and Australia, from

non-originating materials only or from non-originating

materials and originating materials.

• Subdivision E sets out when goods are New Zealand

originating goods because they are accessories, spare parts or

tools imported with other goods.

• Subdivision F sets out when goods are New Zealand

originating goods because they are wholly manufactured in

New Zealand.

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Division 1E New Zealand originating goods

Section 153ZIB

440 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

• Subdivision G provides that goods are not New Zealand

originating goods under this Division merely because of

certain operations.

• Subdivision H deals with how the consignment of goods

affects whether the goods are New Zealand originating goods.

153ZIB Interpretation

Definitions

(1) In this Division:

Agreement means the Australia New Zealand Closer Economic

Relations Trade Agreement done at Canberra on 28 March 1983,

as amended from time to time.

Note: The text of the Agreement is set out in Australian Treaty Series 1983

No. 2. In 2006 the text of an Agreement in the Australian Treaty

Series was accessible through the Australian Treaties Library on the

AustLII website (www.austlii.edu.au).

aquaculture has the meaning given by Article 3 of the Agreement.

Australian originating goods means goods that are Australian

originating goods under a law of New Zealand that implements the

Agreement.

Convention means the International Convention on the

Harmonized Commodity Description and Coding System done at

Brussels on 14 June 1983.

Note: The text of the Convention is set out in Australian Treaty Series 1988

No. 30. In 2006 the text of a Convention in the Australian Treaty

Series was accessible through the Australian Treaties Library on the

AustLII website (www.austlii.edu.au).

customs value of goods has the meaning given by section 159.

Harmonized System means the Harmonized Commodity

Description and Coding System (as in force from time to time) that

is established by or under the Convention.

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Section 153ZIB

Customs Act 1901 441

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

indirect materials means:

(a) goods or energy used or consumed in the production, testing

or inspection of goods, but not physically incorporated in the

goods; or

(b) goods or energy used or consumed in the operation or

maintenance of buildings or equipment associated with the

production of goods;

including:

(c) fuel (within its ordinary meaning); and

(d) tools, dies and moulds; and

(e) spare parts; and

(f) lubricants, greases, compounding materials and other similar

goods; and

(g) gloves, glasses, footwear, clothing, safety equipment and

supplies; and

(h) catalysts and solvents.

manufacture means the creation of an article essentially different

from the matters or substances that go into that creation.

New Zealand originating goods means goods that, under this

Division, are New Zealand originating goods.

non-originating materials means goods that are not originating

materials.

originating materials means:

(a) New Zealand originating goods that are used or consumed in

the production of other goods; or

(b) Australian originating goods that are used or consumed in the

production of other goods; or

(c) indirect materials.

produce means grow, farm, raise, breed, mine, harvest, fish, trap,

hunt, capture, gather, collect, extract, manufacture, process,

assemble, restore or renovate.

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Division 1E New Zealand originating goods

Section 153ZIC

442 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

territorial sea has the same meaning as in the Seas and Submerged

Lands Act 1973.

Regional value content of goods

(2) The regional value content of goods for the purposes of this

Division is to be worked out in accordance with the regulations.

The regulations may prescribe different regional value content

rules for different kinds of goods.

Value of goods

(3) The value of goods for the purposes of this Division is to be

worked out in accordance with the regulations. The regulations

may prescribe different valuation rules for different kinds of goods.

Tariff classifications

(4) In specifying tariff classifications for the purposes of this Division,

the regulations may refer to the Harmonized System.

(5) Subsection 4(3A) does not apply for the purposes of this Division.

Incorporation of other instruments

(6) For the purposes of this Division, the regulations may apply, adopt

or incorporate any matter contained in any instrument or other

writing as in force or existing from time to time.

Subdivision B—Goods wholly obtained or produced in New

Zealand or New Zealand and Australia

153ZIC Goods wholly obtained or produced in New Zealand or New

Zealand and Australia

(1) Goods are New Zealand originating goods if they are wholly

obtained or produced in New Zealand or in New Zealand and

Australia.

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Section 153ZIC

Customs Act 1901 443

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(2) Goods are wholly obtained or produced in New Zealand or in

New Zealand and Australia if, and only if, the goods are:

(a) minerals extracted in New Zealand; or

(b) plants grown in New Zealand, or in New Zealand and

Australia, or products obtained in New Zealand from such

plants; or

(c) live animals born and raised in New Zealand, or in New

Zealand and Australia; or

(d) products obtained from live animals in New Zealand; or

(e) goods obtained from hunting, trapping, fishing, capturing or

aquaculture conducted in New Zealand; or

(f) fish, shellfish or other marine life taken from the sea by ships

that are registered or recorded in New Zealand and are flying,

or are entitled to fly, the flag of New Zealand; or

(g) goods produced or obtained exclusively from goods referred

to in paragraph (f) on board factory ships that are registered

or recorded in New Zealand and are flying the flag of New

Zealand; or

(h) goods taken from the seabed, or the subsoil beneath the

seabed, of the territorial sea of New Zealand or of the

continental shelf of New Zealand:

(i) by New Zealand; or

(ii) by a New Zealand citizen; or

(iii) by a body corporate incorporated in New Zealand;

but only if New Zealand has the right to exploit that part of

the seabed; or

(i) waste and scrap that has been derived from production

operations in New Zealand, or from used goods collected in

New Zealand, and that is fit only for the recovery of raw

materials; or

(j) goods produced entirely in New Zealand, or in New Zealand

and Australia, exclusively from goods referred to in

paragraphs (a) to (i) or from their derivatives.

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Division 1E New Zealand originating goods

Section 153ZID

444 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Subdivision C—Goods produced in New Zealand or New

Zealand and Australia from originating materials

153ZID Goods produced in New Zealand or New Zealand and

Australia from originating materials

Goods are New Zealand originating goods if they are produced

entirely in New Zealand, or entirely in New Zealand and Australia,

from originating materials only.

Subdivision D—Goods produced in New Zealand or New

Zealand and Australia from non-originating

materials

153ZIE Goods produced in New Zealand or New Zealand and

Australia from non-originating materials

(1) Goods are New Zealand originating goods if:

(a) they are classified to a heading or subheading of the

Harmonized System specified in column 1 or 2 of the table in

Schedule 1 to the Customs (New Zealand Rules of Origin)

Regulations 2006; and

(b) they are produced entirely in New Zealand, or entirely in

New Zealand and Australia, from non-originating materials

only or from non-originating materials and originating

materials; and

(c) each requirement that is specified in the regulations to apply

in relation to the goods is satisfied.

Change in tariff classification

(2) The regulations may specify that each non-originating material

used or consumed in the production of the goods is required to

satisfy a specified change in tariff classification.

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Section 153ZIE

Customs Act 1901 445

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(3) The regulations may also specify when a non-originating material

used or consumed in the production of the goods is taken to satisfy

the change in tariff classification.

(4) If:

(a) the requirement referred to in subsection (2) applies in

relation to the goods; and

(b) one or more of the non-originating materials used or

consumed in the production of the goods do not satisfy the

change in tariff classification;

then the requirement referred to in subsection (2) is taken to be

satisfied if the total value of those non-originating materials does

not exceed 10% of the customs value of the goods.

Regional value content

(5) The regulations may specify that the goods are required to have a

regional value content of at least a specified percentage.

(6) If:

(a) the goods are required to have a regional value content of at

least a particular percentage; and

(b) the goods are imported into Australia with standard

accessories, standard spare parts or standard tools; and

(c) the accessories, spare parts or tools are not invoiced

separately from the goods; and

(d) the quantities and value of the accessories, spare parts or

tools are customary for the goods;

then the regulations must require the value of the accessories, spare

parts or tools to be taken into account as originating materials or

non-originating materials, as the case may be, for the purposes of

working out the regional value content of the goods.

Note: The value of the accessories, spare parts or tools is to be worked out in

accordance with the regulations: see subsection 153ZIB(3).

(7) For the purposes of subsection (6), disregard section 153ZIG in

working out whether the accessories, spare parts or tools are

originating materials or non-originating materials.

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Division 1E New Zealand originating goods

Section 153ZIF

446 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(8) However, subsection (6) does not apply if the accessories, spare

parts or tools are imported solely for the purpose of artificially

raising the regional value content of the goods.

No limit on regulations

(9) Subsections (2) and (5) do not limit paragraph (1)(c).

153ZIF Packaging materials and containers

(1) If:

(a) goods are packaged for retail sale in packaging material or a

container; and

(b) the packaging material or container is classified with the

goods in accordance with Rule 5 of the General Rules for the

Interpretation of the Harmonized System provided for by the

Convention;

then the packaging material or container is to be disregarded for

the purposes of this Subdivision (with 1 exception).

Exception

(2) If the goods are required to have a regional value content of at least

a particular percentage, the regulations must require the value of

the packaging material or container to be taken into account as

originating materials or non-originating materials, as the case may

be, for the purposes of working out the regional value content of

the goods.

Note: The value of the packaging material or container is to be worked out

in accordance with the regulations: see subsection 153ZIB(3).

Subdivision E—Goods that are standard accessories, spare

parts or tools

153ZIG Goods that are standard accessories, spare parts or tools

Goods are New Zealand originating goods if:

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Section 153ZIH

Customs Act 1901 447

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) they are standard accessories, standard spare parts or standard

tools in relation to other goods; and

(b) the other goods are imported into Australia with the

accessories, spare parts or tools; and

(c) the accessories, spare parts or tools are not imported solely

for the purpose of artificially raising the regional value

content of the other goods; and

(d) the other goods are New Zealand originating goods; and

(e) the accessories, spare parts or tools are not invoiced

separately from the other goods; and

(f) the quantities and value of the accessories, spare parts or

tools are customary for the goods.

Subdivision F—Goods wholly manufactured in New Zealand

153ZIH Goods wholly manufactured in New Zealand

(1) Goods are New Zealand originating goods if they are wholly

manufactured in New Zealand from one or more of the following:

(a) unmanufactured raw products;

(b) materials wholly manufactured in Australia or New Zealand

or Australia and New Zealand;

(c) materials covered by subsection (2).

(2) The Comptroller-General of Customs may, by legislative

instrument, determine specified materials imported into New

Zealand to be manufactured raw materials of New Zealand.

Subdivision G—Non-qualifying operations

153ZIJ Non-qualifying operations

(1) Goods are not New Zealand originating goods under this Division

merely because of the following operations:

(a) operations to preserve goods in good condition for the

purposes of transport or storage;

(b) disassembly of goods;

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Part VIII The duties

Division 1E New Zealand originating goods

Section 153ZIK

448 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(c) affixing of marks, labels or other similar distinguishing signs

on goods or their packaging;

(d) packaging, changes to packaging, the breaking up or

assembly of packages or presenting goods for transport or

sale;

(e) quality control inspections;

(f) any combination of operations referred to in paragraphs (a) to

(e).

(2) This section applies despite any other provision of this Division.

Subdivision H—Consignment

153ZIK Consignment

(1) Goods are not New Zealand originating goods under this Division

if:

(a) they are transported through a country or place other than

New Zealand or Australia; and

(b) they undergo subsequent production or any other operation in

that country or place (other than unloading, reloading,

storing, repacking, relabelling or any operation that is

necessary to preserve them in good condition or to transport

them to Australia).

(2) This section applies despite any other provision of this Division.

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The duties Part VIII

Chilean originating goods Division 1F

Section 153ZJA

Customs Act 1901 449

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 1F—Chilean originating goods

Subdivision A—Preliminary

153ZJA Simplified outline

The following is a simplified outline of this Division:

• This Division defines Chilean originating goods. Preferential

rates of customs duty under the Customs Tariff Act 1995 apply

to Chilean originating goods that are imported into Australia.

• Subdivision B provides that goods are Chilean originating

goods if they are wholly obtained goods of Chile.

• Subdivision C provides that goods are Chilean originating

goods if they are produced entirely in the territory of Chile

from originating materials only.

• Subdivision D sets out when goods are Chilean originating

goods because they are produced entirely in the territory of

Chile, or in the territory of Chile and the territory of Australia,

from non-originating materials only or from non-originating

materials and originating materials.

• Subdivision E sets out when goods are Chilean originating

goods because they are accessories, spare parts, tools or

instructional or other information resources imported with

other goods.

• Subdivision F provides that goods are not Chilean originating

goods under this Division merely because of certain

operations.

• Subdivision G deals with how the consignment of goods

affects whether the goods are Chilean originating goods.

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Division 1F Chilean originating goods

Section 153ZJB

450 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

153ZJB Interpretation

Definitions

(1) In this Division:

Agreement means the Australia-Chile Free Trade Agreement, done

at Canberra on 30 July 2008, as amended from time to time.

Note: In 2008, the text of the Agreement was accessible through the

Australian Treaties Library on the AustLII website

(www.austlii.edu.au).

Australian originating goods means goods that are Australian

originating goods under a law of Chile that implements the

Agreement.

Certificate of Origin means a certificate that is in force and that

complies with the requirements of paragraph 2 of Article 4.16 of

the Agreement.

Chilean originating goods means goods that, under this Division,

are Chilean originating goods.

composite goods has the same meaning as it has in the Agreement.

Convention means the International Convention on the

Harmonized Commodity Description and Coding System done at

Brussels on 14 June 1983 [1988] ATS 30, as in force from time to

time.

Note: The text of the Convention is set out in Australian Treaty Series 1988

No. 30. In 2008, the text of a Convention in the Australian Treaty

Series was accessible through the Australian Treaties Library on the

AustLII website (www.austlii.edu.au).

customs value of goods has the meaning given by section 159.

Harmonized System means the Harmonized Commodity

Description and Coding System (as in force from time to time) that

is established by or under the Convention.

indirect materials means:

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Section 153ZJB

Customs Act 1901 451

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) goods or energy used in the production, testing or inspection

of goods, but not physically incorporated in the goods; or

(b) goods or energy used in the maintenance of buildings or the

operation of equipment associated with the production of

goods;

including:

(c) fuel (within its ordinary meaning); and

(d) tools, dies and moulds; and

(e) spare parts and materials; and

(f) lubricants, greases, compounding materials and other similar

goods; and

(g) gloves, glasses, footwear, clothing, safety equipment and

supplies; and

(h) catalysts and solvents.

Interpretation Rules means the General Rules (as in force from

time to time) for the Interpretation of the Harmonized System

provided for by the Convention.

non-originating materials means goods that are not originating

materials.

originating materials means:

(a) Chilean originating goods that are used in the production of

other goods; or

(b) Australian originating goods that are used in the production

of other goods; or

(c) indirect materials.

person of Chile means person of a Party within the meaning,

insofar as it relates to Chile, of Article 2.1 of the Agreement.

produce means grow, farm, raise, breed, mine, harvest, fish, trap,

hunt, capture, gather, collect, extract, manufacture, process or

assemble.

territorial sea has the same meaning as in the Seas and Submerged

Lands Act 1973.

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Division 1F Chilean originating goods

Section 153ZJC

452 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

territory of Australia means territory within the meaning, insofar

as it relates to Australia, of Article 2.1 of the Agreement.

territory of Chile means territory within the meaning, insofar as it

relates to Chile, of Article 2.1 of the Agreement.

Regional value content of goods

(2) The regional value content of goods for the purposes of this

Division is to be worked out in accordance with the regulations.

The regulations may prescribe different regional value content

rules for different kinds of goods.

Value of goods

(3) The value of goods for the purposes of this Division is to be

worked out in accordance with the regulations. The regulations

may prescribe different valuation rules for different kinds of goods.

Tariff classifications

(4) In specifying tariff classifications for the purposes of this Division,

the regulations may refer to the Harmonized System.

(5) Subsection 4(3A) does not apply for the purposes of this Division.

Subdivision B—Wholly obtained goods of Chile

153ZJC Wholly obtained goods of Chile

(1) Goods are Chilean originating goods if:

(a) they are wholly obtained goods of Chile; and

(b) the importer of the goods has, at the time the goods are

imported, a Certificate of Origin, or a copy of one, for the

goods.

(2) Goods are wholly obtained goods of Chile if, and only if, the

goods are:

(a) minerals extracted in or from the territory of Chile; or

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Section 153ZJD

Customs Act 1901 453

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) goods listed in Section II of the Harmonized System that are

harvested, picked or gathered in the territory of Chile; or

(c) live animals born and raised in the territory of Chile; or

(d) goods obtained from live animals in the territory of Chile; or

(e) goods obtained from hunting, trapping, fishing, gathering,

capturing or aquaculture conducted in the territory of Chile;

or

(f) fish, shellfish or other marine life taken from the high seas by

ships that are registered or recorded in Chile and are flying

the flag of Chile; or

(g) goods obtained or produced from goods referred to in

paragraph (f) on board factory ships that are registered or

recorded in Chile and are flying the flag of Chile; or

(h) goods taken from the seabed, or beneath the seabed, outside

the territorial sea of Chile:

(i) by Chile; or

(ii) by a person of Chile;

but only if Chile has the right to exploit that part of the

seabed in accordance with international law; or

(i) waste and scrap that have been derived from production

operations in the territory of Chile, or from used goods

collected in the territory of Chile, and that are fit only for the

recovery of raw materials; or

(j) goods obtained or produced entirely in the territory of Chile

exclusively from goods referred to in paragraphs (a) to (i).

Subdivision C—Goods produced in Chile from originating

materials

153ZJD Goods produced in Chile from originating materials

Goods are Chilean originating goods if:

(a) they are produced entirely in the territory of Chile from

originating materials only; and

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Division 1F Chilean originating goods

Section 153ZJE

454 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) the importer of the goods has, at the time the goods are

imported, a Certificate of Origin, or a copy of one, for the

goods.

Subdivision D—Goods produced in Chile, or Chile and

Australia, from non-originating materials

153ZJE Goods produced in Chile, or Chile and Australia, from

non-originating materials

(1) Goods are Chilean originating goods if:

(a) they are classified to a heading or subheading of the

Harmonized System specified in column 1 of the table in

Schedule 1 to the Customs (Chilean Rules of Origin)

Regulations 2008; and

(b) they are produced entirely in the territory of Chile, or entirely

in the territory of Chile and the territory of Australia, from

non-originating materials only or from non-originating

materials and originating materials; and

(c) each requirement that is specified in the regulations to apply

in relation to the goods is satisfied; and

(d) the importer of the goods has, at the time the goods are

imported, a Certificate of Origin, or a copy of one, for the

goods.

This subsection is subject to subsections (9) and (10).

Change in tariff classification

(2) The regulations may specify that each non-originating material

used in the production of the goods is required to satisfy a specified

change in tariff classification.

(3) The regulations may also specify when a non-originating material

used in the production of the goods is taken to satisfy the change in

tariff classification.

(4) If:

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Chilean originating goods Division 1F

Section 153ZJE

Customs Act 1901 455

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) the requirement referred to in subsection (2) applies in

relation to the goods; and

(b) one or more of the non-originating materials used in the

production of the goods do not satisfy the change in tariff

classification;

then the requirement referred to in subsection (2) is taken to be

satisfied if the total value of those non-originating materials does

not exceed 10% of the customs value of the goods.

Regional value content

(5) The regulations may specify that the goods are required to have a

regional value content of at least a specified percentage.

(6) If:

(a) the goods are required to have a regional value content of at

least a particular percentage; and

(b) the goods are imported into Australia with accessories, spare

parts, tools or instructional or other information resources;

and

(c) the accessories, spare parts, tools or instructional or other

information resources are not invoiced separately from the

goods; and

(d) the quantities and value of the accessories, spare parts, tools

or instructional or other information resources are customary

for the goods; and

(e) the accessories, spare parts, tools or instructional or other

information resources are non-originating materials;

then the regulations must require the value of the accessories, spare

parts, tools or instructional or other information resources to be

taken into account as non-originating materials for the purposes of

working out the regional value content of the goods.

Note: The value of the accessories, spare parts, tools or instructional or other

information resources is to be worked out in accordance with the

regulations: see subsection 153ZJB(3).

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Part VIII The duties

Division 1F Chilean originating goods

Section 153ZJE

456 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(7) For the purposes of subsection (6), disregard section 153ZJG in

working out whether the accessories, spare parts, tools or

instructional or other information resources are non-originating

materials.

No limit on regulations

(8) Subsections (2) and (5) do not limit paragraph (1)(c).

Goods put up in a set for retail sale

(9) If:

(a) the goods are put up in a set for retail sale; and

(b) the goods are classified in accordance with Rule 3 of the

Interpretation Rules;

the goods are Chilean originating goods under this section only if:

(c) all of the goods in the set, considered individually, are

Chilean originating goods under this Division; or

(d) the total value of the goods in the set that are not Chilean

originating goods under this Division does not exceed 25%

of the customs value of the set of goods.

Note: The value of the goods in the set is to be worked out in accordance

with the regulations: see subsection 153ZJB(3).

Composite goods

(10) If:

(a) the goods are composite goods; and

(b) the goods are classified in accordance with Rule 3 of the

Interpretation Rules;

the goods are Chilean originating goods under this section only if:

(c) all of the components of the composite goods, considered

individually, are Chilean originating goods under this

Division; or

(d) the total value of the components of the composite goods that

are not Chilean originating goods under this Division does

not exceed 25% of the customs value of the goods.

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Section 153ZJF

Customs Act 1901 457

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Note: The value of the components of the composite goods is to be worked

out in accordance with the regulations: see subsection 153ZJB(3).

153ZJF Packaging materials and containers

(1) If:

(a) goods are packaged for retail sale in packaging material or a

container; and

(b) the packaging material or container is classified with the

goods in accordance with Rule 5 of the Interpretation Rules;

then the packaging material or container is to be disregarded for

the purposes of this Subdivision (with 1 exception).

Exception

(2) If:

(a) the goods are required to have a regional value content of at

least a particular percentage; and

(b) the packaging material or container is a non-originating

material;

the regulations must require the value of the packaging material or

container to be taken into account as a non-originating material for

the purposes of working out the regional value content of the

goods.

Note: The value of the packaging material or container is to be worked out

in accordance with the regulations: see subsection 153ZJB(3).

Subdivision E—Goods that are accessories, spare parts, tools or

instructional or other information resources

153ZJG Goods that are accessories, spare parts, tools or

instructional or other information resources

Goods are Chilean originating goods if:

(a) they are accessories, spare parts, tools or instructional or

other information resources in relation to other goods; and

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Section 153ZJH

458 Customs Act 1901

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(b) the other goods are imported into Australia with the

accessories, spare parts, tools or instructional or other

information resources; and

(c) the other goods are Chilean originating goods; and

(d) the accessories, spare parts, tools or instructional or other

information resources are not invoiced separately from the

other goods; and

(e) the quantities and value of the accessories, spare parts, tools

or instructional or other information resources are customary

for the other goods.

Subdivision F—Non-qualifying operations

153ZJH Non-qualifying operations

(1) Goods are not Chilean originating goods under this Division

merely because of the following operations:

(a) operations to preserve goods in good condition for the

purpose of storage of the goods during transport;

(b) changing of packaging or the breaking up or assembly of

packages;

(c) disassembly of goods;

(d) placing goods in bottles, cases or boxes or other simple

packaging operations;

(e) making up of sets of goods;

(f) any combination of operations referred to in paragraphs (a) to

(e).

(2) This section applies despite any other provision of this Division.

Subdivision G—Consignment

153ZJI Consignment

(1) Goods are not Chilean originating goods under this Division if:

(a) they are transported through a country or place other than

Chile or Australia; and

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Section 153ZJI

Customs Act 1901 459

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) they undergo subsequent production or any other operation in

that country or place (other than unloading, reloading,

storing, repacking, relabelling, exhibition or any operation

that is necessary to preserve them in good condition or to

transport them to Australia).

(2) This section applies despite any other provision of this Division.

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Division 1G ASEAN-Australia-New Zealand (AANZ) originating goods

Section 153ZKA

460 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 1G—ASEAN-Australia-New Zealand (AANZ)

originating goods

Subdivision A—Preliminary

153ZKA Simplified outline

The following is a simplified outline of this Division:

• This Division defines AANZ originating goods (short for

ASEAN-Australia-New Zealand originating goods).

Preferential rates of customs duty under the Customs Tariff

Act 1995 apply to AANZ originating goods that are imported

into Australia.

• Subdivision B provides that goods are AANZ originating

goods if they are wholly obtained goods of a Party.

• Subdivision C provides that goods are AANZ originating

goods if they are produced entirely in a Party from originating

materials only.

• Subdivision D sets out when goods are AANZ originating

goods because they are produced from non-originating

materials only or from non-originating materials and

originating materials.

• Subdivision E sets out when goods are AANZ originating

goods because they are accessories, spare parts, tools or

instructional or other information materials imported with

other goods.

• Subdivision F deals with how the consignment of goods

affects whether the goods are AANZ originating goods.

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Section 153ZKB

Customs Act 1901 461

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

153ZKB Interpretation

Definitions

(1) In this Division:

AANZ originating goods means goods that, under this Division,

are AANZ originating goods.

Agreement means the Agreement Establishing the

ASEAN-Australia-New Zealand Free Trade Area, done at Thailand

on 27 February 2009, as amended from time to time.

Note: In 2009, the text of the Agreement was accessible through the

Australian Treaties Library on the AustLII website

(www.austlii.edu.au).

aquaculture has the meaning given by Article 1 of Chapter 3 of the

Agreement.

Certificate of Origin means a certificate that is in force and that

complies with the requirements of Rule 7 of the Annex to

Chapter 3 of the Agreement.

Convention means the International Convention on the

Harmonized Commodity Description and Coding System done at

Brussels on 14 June 1983, as in force from time to time.

Note: The text of the Convention is set out in Australian Treaty Series 1988

No. 30 ([1988] ATS 30). In 2009, the text of a Convention in the

Australian Treaty Series was accessible through the Australian

Treaties Library on the AustLII website (www.austlii.edu.au).

customs value of goods has the meaning given by section 159.

Harmonized System means the Harmonized Commodity

Description and Coding System (as in force from time to time) that

is established by or under the Convention.

in a Party includes:

(a) the territorial sea of a Party; and

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(b) the exclusive economic zone of a Party over which the Party

exercises sovereign rights or jurisdiction in accordance with

international law; and

(c) the continental shelf of a Party over which the Party exercises

sovereign rights or jurisdiction in accordance with

international law.

indirect materials means:

(a) goods or energy used in the production, testing or inspection

of goods, but not physically incorporated in the goods; or

(b) goods or energy used in the maintenance of buildings or the

operation of equipment associated with the production of

goods;

including:

(c) fuel (within its ordinary meaning); and

(d) tools, dies and moulds; and

(e) spare parts and materials; and

(f) lubricants, greases, compounding materials and other similar

goods; and

(g) gloves, glasses, footwear, clothing, safety equipment and

supplies; and

(h) catalysts and solvents.

Interpretation Rules means the General Rules (as in force from

time to time) for the Interpretation of the Harmonized System

provided for by the Convention.

non-originating materials means goods that are not originating

materials.

originating materials means:

(a) AANZ originating goods that are used or consumed in the

production of other goods; or

(b) indirect materials.

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Section 153ZKB

Customs Act 1901 463

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Party means a Party (within the meaning of the Agreement) for

which the Agreement has entered into force.

Note: See also subsection (7).

produce means grow, farm, raise, breed, mine, harvest, fish, trap,

hunt, capture, gather, collect, extract, manufacture, process or

assemble.

territorial sea has the same meaning as in the Seas and Submerged

Lands Act 1973.

Regional value content of goods

(2) The regional value content of goods for the purposes of this

Division is to be worked out in accordance with the regulations.

The regulations may prescribe different regional value content

rules for different kinds of goods.

Value of goods

(3) The value of goods for the purposes of this Division is to be

worked out in accordance with the regulations. The regulations

may prescribe different valuation rules for different kinds of goods.

Tariff classifications

(4) In specifying tariff classifications for the purposes of this Division,

the regulations may refer to the Harmonized System.

(5) Subsection 4(3A) does not apply for the purposes of this Division.

Incorporation of other instruments

(6) For the purposes of this Division, the regulations may apply, adopt

or incorporate any matter contained in any instrument or other

writing as in force or existing from time to time.

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Section 153ZKC

464 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Notification of entry into force of Agreement for a Party

(7) The Minister must announce by notice in the Gazette the day on

which the Agreement enters into force for a Party (other than

Australia). For the purposes of this subsection, Party means a Party

(within the meaning of the Agreement).

(8) A notice referred to in subsection (7) is not a legislative instrument.

Subdivision B—Wholly obtained goods of a Party

153ZKC Wholly obtained goods of a Party

(1) Goods are AANZ originating goods if:

(a) they are wholly obtained goods of a Party; and

(b) the importer of the goods has, at the time the goods are

imported, a Certificate of Origin, or a copy of one, for the

goods.

(2) Goods are wholly obtained goods of a Party if, and only if, the

goods are:

(a) plants, or goods obtained from plants, that are grown,

harvested, picked or gathered in a Party (including fruit,

flowers, vegetables, trees, seaweed, fungi and live plants); or

(b) live animals born and raised in a Party; or

(c) goods obtained from live animals in a Party; or

(d) goods obtained from hunting, trapping, fishing, farming,

aquaculture, gathering or capturing in a Party; or

(e) minerals or other naturally occurring substances extracted or

taken in a Party; or

(f) fish, shellfish or other marine goods taken from the high seas,

in accordance with international law, by ships that are

registered or recorded in a Party and are flying, or are entitled

to fly, the flag of that Party; or

(g) goods produced from goods referred to in paragraph (f) on

board factory ships that are registered or recorded in a Party

and are flying, or are entitled to fly, the flag of that Party; or

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Section 153ZKD

Customs Act 1901 465

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(h) goods taken by a Party, or a person of a Party, from the

seabed, or beneath the seabed, outside:

(i) the exclusive economic zone of that Party; and

(ii) the continental shelf of that Party; and

(iii) an area over which a third party exercises jurisdiction;

and taken under exploitation rights granted in accordance

with international law; or

(i) waste and scrap that has been derived from production or

consumption in a Party and that is fit only for the recovery of

raw materials; or

(j) used goods that are collected in a Party and that are fit only

for the recovery of raw materials; or

(k) goods produced or obtained entirely in a Party exclusively

from goods referred to in paragraphs (a) to (j) or from their

derivatives.

Subdivision C—Goods produced from originating materials

153ZKD Goods produced from originating materials

Goods are AANZ originating goods if:

(a) they are produced entirely in a Party from originating

materials only; and

(b) the importer of the goods has, at the time the goods are

imported, a Certificate of Origin, or a copy of one, for the

goods.

Subdivision D—Goods produced from non-originating

materials

153ZKE Goods produced from non-originating materials and

classified in the tariff table

(1) Goods are AANZ originating goods if:

(a) they are classified to a heading or subheading of the

Harmonized System specified in column 1 or 2 of the table in

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Schedule 1 to the Customs (ASEAN-Australia-New Zealand

Rules of Origin) Regulations 2009; and

(b) each requirement that is specified in the regulations to apply

in relation to the goods is satisfied; and

(c) the importer of the goods has, at the time the goods are

imported, a Certificate of Origin, or a copy of one, for the

goods.

Change in tariff classification

(2) The regulations may specify that each non-originating material

used or consumed in the production of the goods is required to

satisfy a specified change in tariff classification.

(3) The regulations may also specify when a non-originating material

used or consumed in the production of the goods is taken to satisfy

the change in tariff classification.

(4) If:

(a) the requirement referred to in subsection (2) applies in

relation to the goods; and

(b) one or more of the non-originating materials used or

consumed in the production of the goods do not satisfy the

change in tariff classification;

then the requirement referred to in subsection (2) is taken to be

satisfied if the total value of those non-originating materials does

not exceed 10% of the customs value of the goods.

(5) If:

(a) the requirement referred to in subsection (2) applies in

relation to the goods; and

(b) the goods are classified to any of Chapters 50 to 63 of the

Harmonized System; and

(c) one or more of the non-originating materials used or

consumed in the production of the goods do not satisfy the

change in tariff classification;

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Section 153ZKE

Customs Act 1901 467

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then the requirement referred to in subsection (2) is taken to be

satisfied if the total weight of those non-originating materials does

not exceed 10% of the total weight of the goods.

Regional value content

(6) The regulations may specify that the goods are required to have a

regional value content of at least a specified percentage.

(7) If:

(a) the goods are required to have a regional value content of at

least a particular percentage; and

(b) the goods are imported into Australia with accessories, spare

parts, tools or instructional or other information materials;

and

(c) the accessories, spare parts, tools or instructional or other

information materials are not invoiced separately from the

goods; and

(d) the quantities and value of the accessories, spare parts, tools

or instructional or other information materials are customary

for the goods;

then the regulations must require the value of the accessories, spare

parts, tools or instructional or other information materials to be

taken into account as originating materials or non-originating

materials, as the case may be, for the purposes of working out the

regional value content of the goods.

Note: The value of the accessories, spare parts, tools or instructional or other

information materials is to be worked out in accordance with the

regulations: see subsection 153ZKB(3).

(8) For the purposes of subsection (7), disregard section 153ZKI in

working out whether the accessories, spare parts, tools or

instructional or other information materials are originating

materials or non-originating materials.

(9) However, subsection (7) does not apply if the accessories, spare

parts, tools or instructional or other information materials are

imported solely for the purpose of artificially raising the regional

value content of the goods.

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Section 153ZKF

468 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

No limit on regulations

(10) Subsections (2) and (6) do not limit paragraph (1)(b).

153ZKF Goods produced from non-originating materials and not

classified in the tariff table

Regional value content of at least 40%

(1) Goods are AANZ originating goods if:

(a) they are classified to a heading or subheading of the

Harmonized System that is not specified in column 1 or 2 of

the table in Schedule 1 to the Customs

(ASEAN-Australia-New Zealand Rules of Origin)

Regulations 2009; and

(b) the final process in their production was performed in a

Party; and

(c) the goods have a regional value content of at least 40%; and

(d) the importer of the goods has, at the time the goods are

imported, a Certificate of Origin, or a copy of one, for the

goods.

(2) For the purposes of subsection (1), if:

(a) the goods are imported into Australia with accessories, spare

parts, tools or instructional or other information materials;

and

(b) the accessories, spare parts, tools or instructional or other

information materials are not invoiced separately from the

goods; and

(c) the quantities and value of the accessories, spare parts, tools

or instructional or other information materials are customary

for the goods;

then the regulations must require the value of the accessories, spare

parts, tools or instructional or other information materials to be

taken into account as originating materials or non-originating

materials, as the case may be, for the purposes of working out the

regional value content of the goods.

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Section 153ZKF

Customs Act 1901 469

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Note: The value of the accessories, spare parts, tools or instructional or other

information materials is to be worked out in accordance with the

regulations: see subsection 153ZKB(3).

(3) For the purposes of subsection (2), disregard section 153ZKI in

working out whether the accessories, spare parts, tools or

instructional or other information materials are originating

materials or non-originating materials.

(4) However, subsection (2) does not apply if the accessories, spare

parts, tools or instructional or other information materials are

imported solely for the purpose of artificially raising the regional

value content of the goods.

Change in tariff classification at heading level

(5) Goods are AANZ originating goods if:

(a) they are classified to a heading or subheading of the

Harmonized System that is not specified in column 1 or 2 of

the table in Schedule 1 to the Customs

(ASEAN-Australia-New Zealand Rules of Origin)

Regulations 2009; and

(b) they are produced entirely in one or more Parties from

non-originating materials only or from non-originating

materials and originating materials; and

(c) each non-originating material used or consumed in the

production of the goods undergoes a change in tariff

classification that is a change to a heading of the Harmonized

System from any other heading of the Harmonized System;

and

(d) the importer of the goods has, at the time the goods are

imported, a Certificate of Origin, or a copy of one, for the

goods.

(6) For the purposes of paragraph (5)(c), if one or more of the

non-originating materials used or consumed in the production of

the goods do not satisfy the change in tariff classification referred

to in that paragraph, then that paragraph is taken to be satisfied if

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Section 153ZKG

470 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

the total value of those non-originating materials does not exceed

10% of the customs value of the goods.

(7) For the purposes of paragraph (5)(c), if:

(a) the goods are classified to any of Chapters 50 to 63 of the

Harmonized System; and

(b) one or more of the non-originating materials used or

consumed in the production of the goods do not satisfy the

change in tariff classification referred to in that paragraph;

then that paragraph is taken to be satisfied if the total weight of

those non-originating materials does not exceed 10% of the total

weight of the goods.

153ZKG Non-qualifying operations or processes

(1) This section applies for the purposes of working out if goods are

AANZ originating goods under:

(a) subsection 153ZKE(1) where, in relation to

paragraph 153ZKE(1)(b), the goods are claimed to be AANZ

originating goods solely on the basis that the goods have a

regional value content of at least a particular percentage; or

(b) subsection 153ZKF(1).

(2) The goods are not AANZ originating goods merely because of the

following:

(a) operations or processes to preserve goods in good condition

for the purpose of transport or storage of the goods;

(b) operations or processes to facilitate the shipment or

transportation of goods;

(c) packaging (other than encapsulation of electronics) for

transportation or sale or presenting goods for transportation

or sale;

(d) simple processes of sifting, classifying, washing, cutting,

slitting, bending, coiling, uncoiling or other similar simple

processes;

(e) affixing of marks, labels or other distinguishing signs on

goods or on their packaging;

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Section 153ZKH

Customs Act 1901 471

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(f) dilution with water or another substance that does not

materially alter the characteristics of goods;

(g) any combination of things referred to in paragraphs (a) to (f).

153ZKH Packaging materials and containers

(1) If:

(a) goods are packaged for retail sale in packaging material or a

container; and

(b) the packaging material or container is classified with the

goods in accordance with Rule 5 of the Interpretation Rules;

then the packaging material or container is to be disregarded for

the purposes of this Subdivision (with one exception).

Exception

(2) If the goods are required to have a regional value content of at least

a particular percentage, the regulations must require the value of

the packaging material or container to be taken into account as

originating materials or non-originating materials, as the case may

be, for the purposes of working out the regional value content of

the goods.

Note: The value of the packaging material or container is to be worked out

in accordance with the regulations: see subsection 153ZKB(3).

Subdivision E—Goods that are accessories, spare parts, tools or

instructional or other information materials

153ZKI Goods that are accessories, spare parts, tools or

instructional or other information materials

Goods are AANZ originating goods if:

(a) they are accessories, spare parts, tools or instructional or

other information materials in relation to other goods; and

(b) the other goods are imported into Australia with the

accessories, spare parts, tools or instructional or other

information materials; and

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(c) the accessories, spare parts, tools or instructional or other

information materials are not imported solely for the purpose

of artificially raising the regional value content of the other

goods; and

(d) the other goods are AANZ originating goods; and

(e) the accessories, spare parts, tools or instructional or other

information materials are not invoiced separately from the

other goods; and

(f) the quantities and value of the accessories, spare parts, tools

or instructional or other information materials are customary

for the other goods.

Subdivision F—Consignment

153ZKJ Consignment

(1) Goods are not AANZ originating goods under this Division if:

(a) the goods are transported through a country or place other

than a Party; and

(b) at least one of the following applies:

(i) the goods undergo subsequent production or any other

operation in that country or place (other than unloading,

reloading, storing or any operation that is necessary to

preserve the goods in good condition or to transport the

goods to Australia);

(ii) the goods enter the commerce of that country or place;

(iii) the transport through that country or place is not

justified by geographical, economic or logistical

reasons.

(2) This section applies despite any other provision of this Division.

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Section 153ZLA

Customs Act 1901 473

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 1H—Malaysian originating goods

Subdivision A—Preliminary

153ZLA Simplified outline

The following is a simplified outline of this Division:

• This Division defines Malaysian originating goods.

Preferential rates of customs duty under the Customs Tariff

Act 1995 apply to Malaysian originating goods that are

imported into Australia.

• Subdivision B provides that goods are Malaysian originating

goods if they are wholly obtained or produced in Malaysia or

in Malaysia and Australia.

• Subdivision C provides that goods are Malaysian originating

goods if they are produced entirely in Malaysia, or in

Malaysia and Australia, from originating materials only.

• Subdivision D sets out when goods are Malaysian originating

goods because they are produced entirely in Malaysia, or in

Malaysia and Australia, from non-originating materials only

or from non-originating materials and originating materials.

• Subdivision E sets out when goods are Malaysian originating

goods because they are accessories, spare parts, tools or

instructional or other information materials imported with

other goods.

• Subdivision F deals with how the consignment of goods

affects whether the goods are Malaysian originating goods.

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Section 153ZLB

474 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

153ZLB Interpretation

Definitions

(1) In this Division:

Agreement means the Malaysia-Australia Free Trade Agreement,

done at Kuala Lumpur on 22 May 2012, as amended from time to

time.

Note: In 2012, the text of the Agreement was accessible through the

Australian Treaties Library on the AustLII website

(www.austlii.edu.au).

aquaculture has the meaning given by Article 3.1 of the

Agreement.

Australian originating goods means goods that are Australian

originating goods under a law of Malaysia that implements the

Agreement.

Certificate of Origin means a certificate that is in force and that

complies with the requirements of Articles 3.15 and 3.16, and

Rule 7 of the Annex to Chapter 3, of the Agreement.

Convention means the International Convention on the

Harmonized Commodity Description and Coding System done at

Brussels on 14 June 1983, as in force from time to time.

Note: The text of the Convention is set out in Australian Treaty Series 1988

No. 30 ([1988] ATS 30). In 2012, the text of a Convention in the

Australian Treaty Series was accessible through the Australian

Treaties Library on the AustLII website (www.austlii.edu.au).

customs value of goods has the meaning given by section 159.

Declaration of Origin means a declaration that is in force and that

complies with the requirements of Article 3.15, and Rule 7 of the

Annex to Chapter 3, of the Agreement.

Harmonized System means the Harmonized Commodity

Description and Coding System (as in force from time to time) that

is established by or under the Convention.

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Section 153ZLB

Customs Act 1901 475

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indirect materials means:

(a) goods or energy used in the production, testing or inspection

of goods, but not physically incorporated in the goods; or

(b) goods or energy used in the maintenance of buildings or the

operation of equipment associated with the production of

goods;

including:

(c) fuel (within its ordinary meaning); and

(d) tools, dies and moulds; and

(e) spare parts and materials; and

(f) lubricants, greases, compounding materials and other similar

goods; and

(g) gloves, glasses, footwear, clothing, safety equipment and

supplies; and

(h) catalysts and solvents.

Interpretation Rules means the General Rules (as in force from

time to time) for the Interpretation of the Harmonized System

provided for by the Convention.

juridical person has the meaning given by Article 1.2 of the

Agreement.

Malaysian originating goods means goods that, under this

Division, are Malaysian originating goods.

non-originating materials means goods that are not originating

materials.

originating materials means:

(a) Malaysian originating goods that are used in the production

of other goods; or

(b) Australian originating goods that are used in the production

of other goods; or

(c) indirect materials.

person of Malaysia means:

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Section 153ZLB

476 Customs Act 1901

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(a) a natural person of a Party within the meaning, so far as it

relates to Malaysia, of Article 1.2 of the Agreement; or

(b) a juridical person of Malaysia.

planted has the meaning given by Article 3.1 of the Agreement.

produce means grow, plant, mine, harvest, farm, raise, breed,

extract, gather, collect, capture, fish, trap, hunt, manufacture,

process or assemble.

territory of Australia means territory within the meaning, so far as

it relates to Australia, of Article 1.2 of the Agreement.

territory of Malaysia means territory within the meaning, so far as

it relates to Malaysia, of Article 1.2 of the Agreement.

Regional value content of goods

(2) The regional value content of goods for the purposes of this

Division is to be worked out in accordance with the regulations.

The regulations may prescribe different regional value content

rules for different kinds of goods.

Value of goods

(3) The value of goods for the purposes of this Division is to be

worked out in accordance with the regulations. The regulations

may prescribe different valuation rules for different kinds of goods.

Tariff classifications

(4) In prescribing tariff classifications for the purposes of this

Division, the regulations may refer to the Harmonized System.

(5) Subsection 4(3A) does not apply for the purposes of this Division.

Incorporation of other instruments

(6) Despite subsection 14(2) of the Legislation Act 2003, regulations

made for the purposes of this Division may make provision in

relation to a matter by applying, adopting or incorporating, with or

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Section 153ZLC

Customs Act 1901 477

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

without modification, any matter contained in an instrument or

other writing as in force or existing from time to time.

Subdivision B—Goods wholly obtained or produced in

Malaysia or in Malaysia and Australia

153ZLC Goods wholly obtained or produced in Malaysia or in

Malaysia and Australia

(1) Goods are Malaysian originating goods if:

(a) they are wholly obtained or produced in Malaysia or in

Malaysia and Australia; and

(b) the importer of the goods has, at the time the goods are

imported, a Declaration of Origin or a Certificate of Origin,

or a copy of one, for the goods.

(2) Goods are wholly obtained or produced in Malaysia or in

Malaysia and Australia if, and only if, the goods are:

(a) minerals, or other naturally occurring substances, extracted or

taken in the territory of Malaysia; or

(b) plants formed, naturally grown or planted in the territory of

Malaysia or in the territory of Malaysia and the territory of

Australia, or products obtained in the territory of Malaysia

from such plants; or

(c) live animals born and raised in the territory of Malaysia, or in

the territory of Malaysia and the territory of Australia; or

(d) goods obtained from live animals in the territory of Malaysia;

or

(e) goods obtained directly from hunting, trapping, fishing,

gathering, capturing or aquaculture conducted in the territory

of Malaysia; or

(f) fish, shellfish or plant or other marine life taken from the

high seas by ships that are registered in Malaysia and are

flying the flag of Malaysia; or

(g) goods obtained or produced from goods referred to in

paragraph (f) on board factory ships that are registered in

Malaysia and are flying the flag of Malaysia; or

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Division 1H Malaysian originating goods

Section 153ZLD

478 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(h) goods taken by Malaysia, or a person of Malaysia, from the

seabed, or beneath the seabed, outside:

(i) the exclusive economic zone of Malaysia; and

(ii) the continental shelf of Malaysia; and

(iii) an area over which a third party exercises jurisdiction;

and taken under exploitation rights granted in accordance

with international law; or

(i) waste and scrap that has been derived from production or

consumption in the territory of Malaysia and that is fit only

for the recovery of raw materials; or

(j) used goods that are collected in the territory of Malaysia and

that are fit only for the recovery of raw materials; or

(k) goods produced or obtained entirely in the territory of

Malaysia, or in the territory of Malaysia and the territory of

Australia, exclusively from goods referred to in

paragraphs (a) to (j) or from their derivatives.

Subdivision C—Goods produced in Malaysia, or in Malaysia

and Australia, from originating materials

153ZLD Goods produced in Malaysia, or in Malaysia and Australia,

from originating materials

Goods are Malaysian originating goods if:

(a) they are produced entirely in the territory of Malaysia, or

entirely in the territory of Malaysia and the territory of

Australia, from originating materials only; and

(b) the importer of the goods has, at the time the goods are

imported, a Declaration of Origin or a Certificate of Origin,

or a copy of one, for the goods.

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Section 153ZLE

Customs Act 1901 479

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Subdivision D—Goods produced in Malaysia, or in Malaysia

and Australia, from non-originating materials

153ZLE Goods produced in Malaysia, or in Malaysia and Australia,

from non-originating materials

(1) Goods are Malaysian originating goods if:

(a) they are classified to a heading or subheading of the

Harmonized System specified in column 1 or 2 of the table in

Schedule 1 to the Customs (Malaysian Rules of Origin)

Regulation 2012; and

(b) they are produced entirely in the territory of Malaysia, or

entirely in the territory of Malaysia and the territory of

Australia, from non-originating materials only or from

non-originating materials and originating materials; and

(c) each requirement that is prescribed by the regulations to

apply in relation to the goods is satisfied; and

(d) the importer of the goods has, at the time the goods are

imported, a Declaration of Origin or a Certificate of Origin,

or a copy of one, for the goods.

Change in tariff classification

(2) The regulations may prescribe that each non-originating material

used in the production of the goods is required to satisfy a

prescribed change in tariff classification.

(3) The regulations may also prescribe when a non-originating

material used in the production of the goods is taken to satisfy the

change in tariff classification.

(4) If:

(a) the requirement referred to in subsection (2) applies in

relation to the goods; and

(b) one or more of the non-originating materials used in the

production of the goods do not satisfy the change in tariff

classification;

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Division 1H Malaysian originating goods

Section 153ZLE

480 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

then the requirement referred to in subsection (2) is taken to be

satisfied if the total value of those non-originating materials does

not exceed 10% of the customs value of the goods.

(5) If:

(a) the requirement referred to in subsection (2) applies in

relation to the goods; and

(b) the goods are classified to any of Chapters 50 to 63 of the

Harmonized System; and

(c) one or more of the non-originating materials used in the

production of the goods do not satisfy the change in tariff

classification;

then the requirement referred to in subsection (2) is taken to be

satisfied if the total weight of those non-originating materials does

not exceed 10% of the total weight of the goods.

Regional value content

(6) The regulations may prescribe that the goods are required to have a

regional value content of at least a prescribed percentage.

(7) If:

(a) the goods are required to have a regional value content of at

least a particular percentage; and

(b) the goods are imported into Australia with accessories, spare

parts, tools or instructional or other information materials;

and

(c) the accessories, spare parts, tools or instructional or other

information materials are not invoiced separately from the

goods; and

(d) the quantities and value of the accessories, spare parts, tools

or instructional or other information materials are customary

for the goods;

then the regulations must require the value of the accessories, spare

parts, tools or instructional or other information materials to be

taken into account as originating materials or non-originating

materials, as the case may be, for the purposes of working out the

regional value content of the goods.

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Section 153ZLF

Customs Act 1901 481

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Note: The value of the accessories, spare parts, tools or instructional or other

information materials is to be worked out in accordance with the

regulations: see subsection 153ZLB(3).

(8) For the purposes of subsection (7), disregard section 153ZLH in

working out whether the accessories, spare parts, tools or

instructional or other information materials are originating

materials or non-originating materials.

No limit on regulations

(9) Subsections (2) and (6) do not limit paragraph (1)(c).

153ZLF Packaging materials and containers

(1) If:

(a) goods are packaged for retail sale in packaging material or a

container; and

(b) the packaging material or container is classified with the

goods in accordance with Rule 5 of the Interpretation Rules;

then the packaging material or container is to be disregarded for

the purposes of this Subdivision.

Regional value content

(2) However, if the goods are required to have a regional value content

of at least a particular percentage, the regulations must require the

value of the packaging material or container to be taken into

account as originating materials or non-originating materials, as the

case may be, for the purposes of working out the regional value

content of the goods.

(3) If the packaging material or container is not customary for the

goods, the regulations must require the value of the packaging

material or container to be taken into account as non-originating

materials for the purposes of working out the regional value

content of the goods.

Note: The value of the packaging material or container is to be worked out

in accordance with the regulations: see subsection 153ZLB(3).

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Part VIII The duties

Division 1H Malaysian originating goods

Section 153ZLG

482 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

153ZLG Non-qualifying operations

Goods are not Malaysian originating goods under this Subdivision

merely because of the following:

(a) operations to preserve goods in good condition for the

purpose of transport or storage of the goods;

(b) operations to facilitate the shipment or transportation of

goods;

(c) disassembly of goods;

(d) affixing of marks, labels or other distinguishing signs on

goods or on their packaging;

(e) placing goods in bottles, cases or boxes or other simple

packaging operations;

(f) changing of packaging or the breaking up or assembly of

packages;

(g) the reclassification of goods without any physical change in

the goods;

(h) any combination of things referred to in paragraphs (a) to (g).

Subdivision E—Goods that are accessories, spare parts, tools or

instructional or other information materials

153ZLH Goods that are accessories, spare parts, tools or

instructional or other information materials

Goods are Malaysian originating goods if:

(a) they are accessories, spare parts, tools or instructional or

other information materials in relation to other goods; and

(b) the other goods are imported into Australia with the

accessories, spare parts, tools or instructional or other

information materials; and

(c) the other goods are Malaysian originating goods; and

(d) the accessories, spare parts, tools or instructional or other

information materials are not invoiced separately from the

other goods; and

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Section 153ZLI

Customs Act 1901 483

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(e) the quantities and value of the accessories, spare parts, tools

or instructional or other information materials are customary

for the other goods.

Subdivision F—Consignment

153ZLI Consignment

(1) Goods are not Malaysian originating goods under this Division if:

(a) they are transported through a country or place other than

Malaysia or Australia; and

(b) they undergo subsequent production or any other operation in

that country or place (other than unloading, reloading,

storing, repacking, relabelling, exhibition or any operation

that is necessary to preserve them in good condition or to

transport them to Australia).

(2) This section applies despite any other provision of this Division.

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Part VIII The duties

Division 1J Korean originating goods

Section 153ZMA

484 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 1J—Korean originating goods

Subdivision A—Preliminary

153ZMA Simplified outline of this Division

• This Division defines Korean originating goods. Preferential

rates of customs duty under the Customs Tariff Act 1995 apply

to Korean originating goods that are imported into Australia.

• Subdivision B provides that goods are Korean originating

goods if they are wholly obtained in Korea or in Korea and

Australia.

• Subdivision C provides that goods are Korean originating

goods if they are produced entirely in Korea, or in Korea and

Australia, from originating materials only.

• Subdivision D sets out when goods are Korean originating

goods because they are produced entirely in Korea, or in

Korea and Australia, from non-originating materials only or

from non-originating materials and originating materials.

• Subdivision E provides that goods are not Korean originating

goods under this Division merely because of certain

operations.

• Subdivision F deals with other matters, such as how the

consignment of goods affects whether the goods are Korean

originating goods.

153ZMB Interpretation

Definitions

(1) In this Division:

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Section 153ZMB

Customs Act 1901 485

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Agreement means the Korea-Australia Free Trade Agreement,

done at Seoul on 8 April 2014, as amended from time to time.

Note: The Agreement could in 2014 be viewed in the Australian Treaties

Library on the AustLII website (http://www.austlii.edu.au).

aquaculture has the meaning given by Article 3.30 of the

Agreement.

Australian originating goods means goods that are Australian

originating goods under a law of Korea that implements the

Agreement.

Certificate of Origin means a certificate that is in force and that

complies with the requirements of Article 3.15 of the Agreement.

Convention means the International Convention on the

Harmonized Commodity Description and Coding System done at

Brussels on 14 June 1983, as in force from time to time.

Note: The Convention is in Australian Treaty Series 1988 No. 30 ([1988]

ATS 30) and could in 2014 be viewed in the Australian Treaties

Library on the AustLII website (http://www.austlii.edu.au).

customs value of goods has the meaning given by section 159.

enterprise has the meaning given by Article 1.4 of the Agreement.

Harmonized System means the Harmonized Commodity

Description and Coding System (as in force from time to time) that

is established by or under the Convention.

indirect materials means:

(a) goods or energy used in the production, testing or inspection

of goods, but not physically incorporated in the goods; or

(b) goods or energy used in the maintenance or operation of

equipment or buildings associated with the production of

goods;

including:

(c) fuel (within its ordinary meaning); and

(d) tools, dies and moulds; and

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Section 153ZMB

486 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(e) spare parts and materials; and

(f) lubricants, greases, compounding materials and other similar

goods; and

(g) gloves, glasses, footwear, clothing, safety equipment and

supplies; and

(h) catalysts and solvents.

Interpretation Rules means the General Rules (as in force from

time to time) for the Interpretation of the Harmonized System

provided for by the Convention.

Korea means the Republic of Korea.

Korean originating goods means goods that, under this Division,

are Korean originating goods.

non-originating materials means goods that are not originating

materials.

originating materials means:

(a) Korean originating goods that are used in the production of

other goods; or

(b) Australian originating goods that are used in the production

of other goods; or

(c) indirect materials.

person of Korea means:

(a) a national within the meaning, so far as it relates to Korea, of

Article 1.4 of the Agreement; or

(b) an enterprise of Korea.

produce means grow, mine, harvest, fish, breed, raise, trap, hunt,

manufacture, process, assemble or disassemble.

territorial sea has the same meaning as in the Seas and Submerged

Lands Act 1973.

territory of Australia means territory within the meaning, so far as

it relates to Australia, of Article 1.4 of the Agreement.

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Section 153ZMC

Customs Act 1901 487

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

territory of Korea means territory within the meaning, so far as it

relates to Korea, of Article 1.4 of the Agreement.

vegetable goods has the same meaning as it has in the Agreement.

Regional value content of goods

(2) The regional value content of goods for the purposes of this

Division is to be worked out in accordance with the regulations.

The regulations may prescribe different regional value content

rules for different kinds of goods.

Value of goods

(3) The value of goods for the purposes of this Division is to be

worked out in accordance with the regulations. The regulations

may prescribe different valuation rules for different kinds of goods.

Tariff classifications

(4) In prescribing tariff classifications for the purposes of this

Division, the regulations may refer to the Harmonized System.

(5) Subsection 4(3A) does not apply for the purposes of this Division.

Incorporation of other instruments

(6) Despite subsection 14(2) of the Legislation Act 2003, regulations

made for the purposes of this Division may make provision in

relation to a matter by applying, adopting or incorporating, with or

without modification, any matter contained in an instrument or

other writing as in force or existing from time to time.

Subdivision B—Goods wholly obtained in Korea or in Korea

and Australia

153ZMC Goods wholly obtained in Korea or in Korea and Australia

(1) Goods are Korean originating goods if:

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Section 153ZMC

488 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) they are wholly obtained in Korea or in Korea and Australia;

and

(b) either:

(i) the importer of the goods has, at the time for working

out the rate of import duty on the goods, a Certificate of

Origin, or a copy of one, for the goods; or

(ii) Australia has waived the requirement for a Certificate of

Origin for the goods.

(2) Goods are wholly obtained in Korea or in Korea and Australia if,

and only if, the goods are:

(a) minerals, or other natural resources, taken or extracted from

the territory of Korea; or

(b) vegetable goods grown, harvested, picked or gathered in the

territory of Korea, or in the territory of Korea and the

territory of Australia; or

(c) live animals born and raised in the territory of Korea, or in

the territory of Korea and the territory of Australia; or

(d) goods obtained from live animals referred to in paragraph (c);

or

(e) goods obtained from hunting, trapping, gathering, capturing,

aquaculture or fishing conducted in Korea or the territorial

sea of Korea; or

(f) fish, shellfish or other marine life taken from the sea, seabed,

ocean floor or subsoil outside the territorial sea of Korea by

ships that are registered or recorded in Korea and are entitled

to fly the flag of Korea; or

(g) goods produced, from goods referred to in paragraph (f), on

board factory ships that are registered or recorded in Korea

and are entitled to fly the flag of Korea; or

(h) goods, other than fish, shellfish or other marine life, taken or

extracted from the seabed, ocean floor or subsoil outside the

territory of Korea by Korea, or a person of Korea, but only if

Korea, or the person of Korea, has the right to exploit that

part of the seabed, ocean floor or subsoil; or

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Section 153ZMD

Customs Act 1901 489

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(i) goods taken from outer space by Korea, or a person of Korea,

and that are not processed in a country other than Korea or

Australia; or

(j) waste and scrap that:

(i) has been derived from production in the territory of

Korea; or

(ii) has been derived from used goods that are collected in

the territory of Korea and that are fit only for the

recovery of raw materials; or

(k) goods that are collected in the territory of Korea, that can no

longer perform their original purpose and that are fit only for

the recovery of raw materials; or

(l) goods produced entirely in the territory of Korea, or entirely

in the territory of Korea and the territory of Australia,

exclusively from goods referred to in paragraphs (a) to (k) or

from their derivatives.

Subdivision C—Goods produced in Korea, or in Korea and

Australia, from originating materials

153ZMD Goods produced in Korea, or in Korea and Australia, from

originating materials

Goods are Korean originating goods if:

(a) they are produced entirely in the territory of Korea, or

entirely in the territory of Korea and the territory of

Australia, from originating materials only; and

(b) either:

(i) the importer of the goods has, at the time for working

out the rate of import duty on the goods, a Certificate of

Origin, or a copy of one, for the goods; or

(ii) Australia has waived the requirement for a Certificate of

Origin for the goods.

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Section 153ZME

490 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Subdivision D—Goods produced in Korea, or in Korea and

Australia, from non-originating materials

153ZME Goods produced in Korea, or in Korea and Australia, from

non-originating materials

(1) Goods are Korean originating goods if:

(a) they are classified to a heading or subheading of the

Harmonized System specified in column 1 or 2 of the table in

Schedule 1 to the Customs (Korean Rules of Origin)

Regulation 2014; and

(b) they are produced entirely in the territory of Korea, or

entirely in the territory of Korea and the territory of

Australia, from non-originating materials only or from

non-originating materials and originating materials; and

(c) each requirement that is prescribed by the regulations to

apply in relation to the goods is satisfied; and

(d) either:

(i) the importer of the goods has, at the time for working

out the rate of import duty on the goods, a Certificate of

Origin, or a copy of one, for the goods; or

(ii) Australia has waived the requirement for a Certificate of

Origin for the goods.

Change in tariff classification

(2) The regulations may prescribe that each non-originating material

used in the production of the goods is required to satisfy a

prescribed change in tariff classification.

(3) The regulations may also prescribe when a non-originating

material used in the production of the goods is taken to satisfy the

change in tariff classification.

(4) If:

(a) the requirement referred to in subsection (2) applies in

relation to the goods; and

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Section 153ZME

Customs Act 1901 491

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) one or more of the non-originating materials used in the

production of the goods do not satisfy the change in tariff

classification;

then the requirement referred to in subsection (2) is taken to be

satisfied if the total value of those non-originating materials does

not exceed 10% of the customs value of the goods.

(5) Subsection (4) does not apply in relation to goods that are

classified to a heading or subheading of the Harmonized System

falling within the following:

(a) heading 0301 to 0303 or 0305 to 0308 of Chapter 3;

(b) heading 0701 to subheading 0710.10 or heading 0713 to

0714 of Chapter 7;

(c) heading 0801 to 0810 or subheading 0813.10 to 0813.40 of

Chapter 8.

(6) If:

(a) the requirement referred to in subsection (2) applies in

relation to the goods; and

(b) the goods are classified to any of Chapters 50 to 63 of the

Harmonized System; and

(c) one or more of the non-originating materials used in the

production of the goods do not satisfy the change in tariff

classification;

then the requirement referred to in subsection (2) is taken to be

satisfied if the total weight of those non-originating materials does

not exceed 10% of the total weight of the goods.

Regional value content

(7) The regulations may prescribe that the goods are required to have a

regional value content of at least a prescribed percentage.

(8) If:

(a) the goods are required to have a regional value content of at

least a particular percentage; and

(b) the goods are imported into Australia with accessories, spare

parts or tools; and

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Section 153ZMF

492 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(c) the accessories, spare parts or tools are not invoiced

separately from the goods; and

(d) the quantities and value of the accessories, spare parts or

tools are customary for the goods;

then the regulations must require the value of the accessories, spare

parts or tools to be taken into account as originating materials or

non-originating materials, as the case may be, for the purposes of

working out the regional value content of the goods.

Note: The value of the accessories, spare parts or tools is to be worked out in

accordance with the regulations: see subsection 153ZMB(3).

No limit on regulations

(9) Subsections (2) and (7) do not limit paragraph (1)(c).

153ZMF Packaging materials and containers

(1) If:

(a) goods are packaged for retail sale in packaging material or a

container; and

(b) the packaging material or container is classified with the

goods in accordance with Rule 5 of the Interpretation Rules;

then the packaging material or container is to be disregarded for

the purposes of this Subdivision.

Regional value content

(2) However, if the goods are required to have a regional value content

of at least a particular percentage, the regulations must require the

value of the packaging material or container to be taken into

account as originating materials or non-originating materials, as the

case may be, for the purposes of working out the regional value

content of the goods.

Note: The value of the packaging material or container is to be worked out

in accordance with the regulations: see subsection 153ZMB(3).

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Section 153ZMG

Customs Act 1901 493

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Subdivision E—Non-qualifying operations

153ZMG Non-qualifying operations

(1) Goods are not Korean originating goods under this Division merely

because of the following operations or processes:

(a) operations to preserve goods in good condition for the

purpose of transport or storage of the goods;

(b) changing of packaging or the breaking up or assembly of

packages;

(c) washing, cleaning or removal of dust, oxide, oil, paint or

other coverings;

(d) sharpening or simple processes of grinding, crushing or

cutting;

(e) simple placing in bottles, cans, flasks, bags, cases or boxes,

fixing on cards or boards or other simple packaging

operations;

(f) affixing or printing marks, labels, logos or other

distinguishing signs on goods or on their packaging;

(g) disassembly of goods;

(h) the reclassification of goods without any physical change in

the goods;

(i) any combination of things referred to in paragraphs (a) to (h).

(2) This section applies despite any other provision of this Division.

Subdivision F—Other matters

153ZMH Consignment

(1) Goods are not Korean originating goods under this Division if they

are transported through a country other than Korea or Australia and

either or both of the following apply:

(a) they undergo subsequent production or any other operation in

that country (other than unloading, reloading, storing,

repacking, relabelling, splitting up of loads for transport or

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Division 1J Korean originating goods

Section 153ZMI

494 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

any operation that is necessary to preserve them in good

condition or to transport them to Australia);

(b) they do not remain under customs control at all times while

they are in that country.

(2) This section applies despite any other provision of this Division.

153ZMI Outward processing zones on the Korean Peninsula

Goods are not prevented from being Korean originating goods

under this Division if they contain materials that:

(a) have been exported from Korea; and

(b) have undergone processing in an area designated as an

outward processing zone in accordance with Annex 3-B to

Chapter 3 of the Agreement; and

(c) have been re-imported to Korea after that processing.

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The duties Part VIII

Japanese originating goods Division 1K

Section 153ZNA

Customs Act 1901 495

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 1K—Japanese originating goods

Subdivision A—Preliminary

153ZNA Simplified outline of this Division

• This Division defines Japanese originating goods.

Preferential rates of customs duty under the Customs Tariff

Act 1995 apply to Japanese originating goods that are

imported into Australia.

• Subdivision B provides that goods are Japanese originating

goods if they are wholly obtained in Japan.

• Subdivision C provides that goods are Japanese originating

goods if they are produced entirely in Japan from originating

materials only.

• Subdivision D sets out when goods are Japanese originating

goods because they are produced entirely in Japan, or in Japan

and Australia, from non-originating materials only or from

non-originating materials and originating materials.

• Subdivision E deals with how the consignment of goods

affects whether the goods are Japanese originating goods.

153ZNB Interpretation

Definitions

(1) In this Division:

Agreement means the Japan-Australia Economic Partnership

Agreement, done at Canberra on 8 July 2014, as amended from

time to time.

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Section 153ZNB

496 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Note: The Agreement could in 2014 be viewed in the Australian Treaties

Library on the AustLII website (http://www.austlii.edu.au).

Area of Japan means Area within the meaning, so far as it relates

to Japan, of Article 1.2 of the Agreement.

Australian originating goods means goods that are Australian

originating goods under a law of Japan that implements the

Agreement.

Certificate of Origin means a certificate that is in force and that

complies with the requirements of Article 3.15 of the Agreement.

Convention means the International Convention on the

Harmonized Commodity Description and Coding System done at

Brussels on 14 June 1983, as in force from time to time.

Note: The Convention is in Australian Treaty Series 1988 No. 30 ([1988]

ATS 30) and could in 2014 be viewed in the Australian Treaties

Library on the AustLII website (http://www.austlii.edu.au).

customs value of goods has the meaning given by section 159.

enterprise has the meaning given by Article 1.2 of the Agreement.

factory ships of Japan means factory ships of the Party within the

meaning, so far as it relates to Japan, of Article 3.1 of the

Agreement.

Harmonized System means the Harmonized Commodity

Description and Coding System (as in force from time to time) that

is established by or under the Convention.

indirect materials means:

(a) goods or energy used in the production, testing or inspection

of goods, but not physically incorporated in the goods; or

(b) goods or energy used in the maintenance or operation of

equipment or buildings associated with the production of

goods;

including:

(c) fuel (within its ordinary meaning); and

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Section 153ZNB

Customs Act 1901 497

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(d) tools, dies and moulds; and

(e) spare parts and materials; and

(f) lubricants, greases, compounding materials and other similar

goods; and

(g) gloves, glasses, footwear, clothing, safety equipment and

supplies; and

(h) catalysts and solvents.

Interpretation Rules means the General Rules (as in force from

time to time) for the Interpretation of the Harmonized System

provided for by the Convention.

Japanese originating goods means goods that, under this Division,

are Japanese originating goods.

non-originating materials means goods that are not originating

materials.

originating materials means:

(a) Japanese originating goods that are used in the production of

other goods; or

(b) Australian originating goods that are used in the production

of other goods; or

(c) indirect materials.

origin certification document means a document that is in force

and that complies with the requirements of Article 3.16 of the

Agreement.

person of Japan means:

(a) a natural person of a Party within the meaning, so far as it

relates to Japan, of Article 1.2 of the Agreement; or

(b) an enterprise of Japan.

produce means manufacture, assemble, process, raise, grow, breed,

mine, extract, harvest, fish, trap, gather, collect, hunt or capture.

sea-fishing has the same meaning as it has in the Agreement.

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Section 153ZNC

498 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

territorial sea has the same meaning as in the Seas and Submerged

Lands Act 1973.

vessels of Japan means vessels of the Party within the meaning, so

far as it relates to Japan, of Article 3.1 of the Agreement.

Regional value content of goods

(2) The regional value content of goods for the purposes of this

Division is to be worked out in accordance with the regulations.

The regulations may prescribe different regional value content

rules for different kinds of goods.

Value of goods

(3) The value of goods for the purposes of this Division is to be

worked out in accordance with the regulations. The regulations

may prescribe different valuation rules for different kinds of goods.

Tariff classifications

(4) In prescribing tariff classifications for the purposes of this

Division, the regulations may refer to the Harmonized System.

(5) Subsection 4(3A) does not apply for the purposes of this Division.

Incorporation of other instruments

(6) Despite subsection 14(2) of the Legislation Act 2003, regulations

made for the purposes of this Division may make provision in

relation to a matter by applying, adopting or incorporating, with or

without modification, any matter contained in an instrument or

other writing as in force or existing from time to time.

Subdivision B—Goods wholly obtained in Japan

153ZNC Goods wholly obtained in Japan

(1) Goods are Japanese originating goods if:

(a) they are wholly obtained in Japan; and

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Section 153ZNC

Customs Act 1901 499

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(b) either:

(i) the importer of the goods has, at the time the goods are

imported, a Certificate of Origin or an origin

certification document, or a copy of one, for the goods;

or

(ii) Australia has waived the requirement for a Certificate of

Origin or an origin certification document for the goods.

(2) Goods are wholly obtained in Japan if, and only if, the goods are:

(a) live animals born and raised in the Area of Japan, other than

the sea outside the territorial sea of Japan; or

(b) animals obtained from hunting, trapping, fishing, gathering

or capturing in the Area of Japan, other than the sea outside

the territorial sea of Japan; or

(c) goods obtained from live animals in the Area of Japan; or

(d) plants, fungi or algae harvested, picked or gathered in the

Area of Japan; or

(e) minerals, or other naturally occurring substances, extracted or

taken from the Area of Japan, other than the seabed, or

subsoil beneath the seabed, outside the territorial sea of

Japan; or

(f) goods of sea-fishing, or other goods, taken by vessels of

Japan from the sea outside the territorial sea of Japan and the

territorial sea of Australia; or

(g) goods produced on board factory ships of Japan from goods

referred to in paragraph (f); or

(h) goods taken by Japan, or a person of Japan, from the seabed,

or subsoil beneath the seabed, outside the territorial sea of

Japan, but only if Japan has rights to exploit that part of the

seabed or subsoil in accordance with international law; or

(i) goods that are collected in Japan, that can no longer perform

their original purpose, that are not capable of being restored

or repaired and that are fit only for disposal or for the

recovery of raw materials; or

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Section 153ZND

500 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(j) waste and scrap that has been derived from production or

consumption in Japan and that is fit only for disposal or for

the recovery of raw materials; or

(k) raw materials recovered in Japan from goods that can no

longer perform their original purpose and that are not capable

of being restored or repaired; or

(l) goods produced in the Area of Japan exclusively from goods

referred to in paragraphs (a) to (k).

Subdivision C—Goods produced in Japan from originating

materials

153ZND Goods produced in Japan from originating materials

Goods are Japanese originating goods if:

(a) they are produced entirely in Japan from originating

materials only; and

(b) either:

(i) the importer of the goods has, at the time the goods are

imported, a Certificate of Origin or an origin

certification document, or a copy of one, for the goods;

or

(ii) Australia has waived the requirement for a Certificate of

Origin or an origin certification document for the goods.

Subdivision D—Goods produced in Japan, or in Japan and

Australia, from non-originating materials

153ZNE Goods produced in Japan, or in Japan and Australia, from

non-originating materials

(1) Goods are Japanese originating goods if:

(a) they are classified to a heading or subheading of the

Harmonized System specified in column 1 of the table in

Schedule 1 to the Customs (Japanese Rules of Origin)

Regulation 2014; and

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Section 153ZNE

Customs Act 1901 501

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) they are produced entirely in Japan, or entirely in Japan and

Australia, from non-originating materials only or from

non-originating materials and originating materials; and

(c) each requirement that is prescribed by the regulations to

apply in relation to the goods is satisfied; and

(d) either:

(i) the importer of the goods has, at the time the goods are

imported, a Certificate of Origin or an origin

certification document, or a copy of one, for the goods;

or

(ii) Australia has waived the requirement for a Certificate of

Origin or an origin certification document for the goods.

Change in tariff classification

(2) The regulations may prescribe that each non-originating material

used in the production of the goods is required to satisfy a

prescribed change in tariff classification.

(3) The regulations may also prescribe when a non-originating

material used in the production of the goods is taken to satisfy the

change in tariff classification.

(4) If:

(a) the requirement referred to in subsection (2) applies in

relation to the goods; and

(b) one or more of the non-originating materials used in the

production of the goods do not satisfy the change in tariff

classification;

then the requirement referred to in subsection (2) is taken to be

satisfied if the total value of those non-originating materials does

not exceed 10% of the customs value of the goods.

(5) If:

(a) the requirement referred to in subsection (2) applies in

relation to the goods; and

(b) the goods are classified to any of Chapters 50 to 63 of the

Harmonized System; and

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Section 153ZNF

502 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(c) one or more of the non-originating materials used in the

production of the goods do not satisfy the change in tariff

classification;

then the requirement referred to in subsection (2) is taken to be

satisfied if the total weight of those non-originating materials does

not exceed 10% of the total weight of the goods.

Regional value content

(6) The regulations may prescribe that the goods are required to have a

regional value content of at least a prescribed percentage.

(7) If:

(a) the goods are required to have a regional value content of at

least a particular percentage; and

(b) the goods are imported into Australia with accessories, spare

parts or tools; and

(c) the accessories, spare parts or tools are not invoiced

separately from the goods; and

(d) the quantities and value of the accessories, spare parts or

tools are customary for the goods;

then the regulations must require the value of the accessories, spare

parts or tools to be taken into account as originating materials or

non-originating materials, as the case may be, for the purposes of

working out the regional value content of the goods.

Note: The value of the accessories, spare parts or tools is to be worked out in

accordance with the regulations: see subsection 153ZNB(3).

No limit on regulations

(8) Subsections (2) and (6) do not limit paragraph (1)(c).

153ZNF Packaging materials and containers

(1) If:

(a) goods are packaged for retail sale in packaging material or a

container; and

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Section 153ZNG

Customs Act 1901 503

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) the packaging material or container is classified with the

goods in accordance with Rule 5 of the Interpretation Rules;

then the packaging material or container is to be disregarded for

the purposes of this Subdivision.

Regional value content

(2) However, if the goods are required to have a regional value content

of at least a particular percentage, the regulations must require the

value of the packaging material or container to be taken into

account as originating materials or non-originating materials, as the

case may be, for the purposes of working out the regional value

content of the goods.

Note: The value of the packaging material or container is to be worked out

in accordance with the regulations: see subsection 153ZNB(3).

153ZNG Non-qualifying operations

Goods are not Japanese originating goods under this Subdivision

merely because of the following operations or processes:

(a) operations to preserve goods in good condition for the

purpose of transport or storage of the goods (such as drying,

freezing and keeping goods in brine);

(b) changing of packaging or the breaking up or assembly of

packages;

(c) disassembly of goods;

(d) placing in bottles, cases or boxes or other simple packaging

operations;

(e) collecting of parts or components for unassembled goods

(where the unassembled goods would be classified to a

heading of the Harmonized System in accordance with

Rule 2(a) of the Interpretation Rules);

(f) making-up of sets of goods;

(g) the reclassification of goods without any physical change in

the goods;

(h) any combination of things referred to in paragraphs (a) to (g).

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Section 153ZNH

504 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Subdivision E—Consignment

153ZNH Consignment

(1) Goods are not Japanese originating goods under this Division if the

goods are transported through a country other than Japan or

Australia and either or both of the following apply:

(a) the goods undergo subsequent production or any other

operation in that country (other than repacking, relabelling,

splitting up of the goods, unloading, reloading, storing or any

operation that is necessary to preserve the goods in good

condition or to transport the goods to Australia);

(b) the goods do not remain under customs control at all times

while the goods are in that country.

(2) This section applies despite any other provision of this Division.

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Section 153ZOA

Customs Act 1901 505

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 1L—Chinese originating goods

Subdivision A—Preliminary

153ZOA Simplified outline of this Division

• This Division defines Chinese originating goods. Preferential

rates of customs duty under the Customs Tariff Act 1995 apply

to Chinese originating goods that are imported into Australia.

• Subdivision B provides that goods are Chinese originating

goods if they are wholly obtained or produced in the territory

of China.

• Subdivision C provides that goods are Chinese originating

goods if they are produced entirely in the territory of China, or

entirely in the territory of China and the territory of Australia,

from originating materials only.

• Subdivision D sets out when goods are Chinese originating

goods because they are produced entirely in the territory of

China, or entirely in the territory of China and the territory of

Australia, from non-originating materials only or from

non-originating materials and originating materials.

• Subdivision E sets out when goods are Chinese originating

goods because they are accessories, spare parts or tools

imported with other goods.

• Subdivision F provides that goods are not Chinese originating

goods under this Division merely because of certain

operations.

• Subdivision G deals with how the consignment of goods

affects whether the goods are Chinese originating goods.

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Section 153ZOB

506 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

153ZOB Interpretation

Definitions

(1) In this Division:

Agreement means the China-Australia Free Trade Agreement,

done at Canberra on 17 June 2015, as amended from time to time.

Note: The Agreement could in 2015 be viewed in the Australian Treaties

Library on the AustLII website (http://www.austlii.edu.au).

Australian originating goods means goods that are Australian

originating goods under a law of China that implements the

Agreement.

Certificate of Origin means a certificate that is in force and that

complies with the requirements of Article 3.14 of the Agreement.

Chinese originating goods means goods that, under this Division,

are Chinese originating goods.

Convention means the International Convention on the

Harmonized Commodity Description and Coding System done at

Brussels on 14 June 1983, as in force from time to time.

Note: The Convention is in Australian Treaty Series 1988 No. 30 ([1988]

ATS 30) and could in 2015 be viewed in the Australian Treaties

Library on the AustLII website (http://www.austlii.edu.au).

customs value of goods has the meaning given by section 159.

Declaration of Origin means a declaration that is in force and that

complies with the requirements of Article 3.15 of the Agreement.

Harmonized System means the Harmonized Commodity

Description and Coding System (as in force from time to time) that

is established by or under the Convention.

indirect materials means:

(a) goods or energy used in the production, testing or inspection

of goods, but not physically incorporated in the goods; or

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Section 153ZOB

Customs Act 1901 507

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(b) goods or energy used in the maintenance or operation of

equipment or buildings associated with the production of

goods;

including:

(c) fuel (within its ordinary meaning); and

(d) tools, dies and moulds; and

(e) spare parts and materials; and

(f) lubricants, greases, compounding materials and other similar

goods; and

(g) gloves, glasses, footwear, clothing, safety equipment and

supplies; and

(h) catalysts and solvents.

Interpretation Rules means the General Rules (as in force from

time to time) for the Interpretation of the Harmonized System

provided for by the Convention.

non-originating materials means goods that are not originating

materials.

originating materials means:

(a) Chinese originating goods that are used in the production of

other goods; or

(b) Australian originating goods that are used in the production

of other goods; or

(c) indirect materials.

plant has the same meaning as it has in the Agreement.

produce means grow, raise, mine, harvest, fish, farm, trap, hunt,

capture, gather, collect, breed, extract, manufacture, process or

assemble.

territory of a non-party has the same meaning as it has in the

Agreement, and includes the customs territory of the following

members of the World Trade Organization established by the

World Trade Organization Agreement:

(a) Hong Kong, China;

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Section 153ZOB

508 Customs Act 1901

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(b) Macao, China;

(c) Separate Customs Territory of Taiwan, Penghu, Kinmen and

Matsu.

territory of Australia means territory within the meaning, so far as

it relates to Australia, of Article 1.3 of the Agreement.

territory of China means territory within the meaning, so far as it

relates to China, of Article 1.3 of the Agreement, and does not

include the customs territory of the following members of the

World Trade Organization established by the World Trade

Organization Agreement:

(a) Hong Kong, China;

(b) Macao, China;

(c) Separate Customs Territory of Taiwan, Penghu, Kinmen and

Matsu.

World Trade Organization Agreement means the Marrakesh

Agreement establishing the World Trade Organization, done at

Marrakesh on 15 April 1994.

Note: The Agreement is in Australian Treaty Series 1995 No. 8 ([1995] ATS

8) and could in 2015 be viewed in the Australian Treaties Library on

the AustLII website (http://www.austlii.edu.au).

Regional value content of goods

(2) The regional value content of goods for the purposes of this

Division is to be worked out in accordance with the regulations.

The regulations may prescribe different regional value content

rules for different kinds of goods.

Value of goods

(3) The value of goods for the purposes of this Division is to be

worked out in accordance with the regulations. The regulations

may prescribe different valuation rules for different kinds of goods.

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Section 153ZOC

Customs Act 1901 509

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Tariff classifications

(4) In prescribing tariff classifications for the purposes of this

Division, the regulations may refer to the Harmonized System.

(5) Subsection 4(3A) does not apply for the purposes of this Division.

Incorporation of other instruments

(6) Despite subsection 14(2) of the Legislation Act 2003, regulations

made for the purposes of this Division may make provision in

relation to a matter by applying, adopting or incorporating, with or

without modification, any matter contained in an instrument or

other writing as in force or existing from time to time.

Subdivision B—Goods wholly obtained or produced in the

territory of China

153ZOC Goods wholly obtained or produced in the territory of

China

(1) Goods are Chinese originating goods if:

(a) they are wholly obtained or produced in the territory of

China; and

(b) either:

(i) the importer of the goods has, at the time the goods are

imported, a Certificate of Origin or a Declaration of

Origin, or a copy of one, for the goods; or

(ii) Australia has waived the requirement for a Certificate of

Origin or a Declaration of Origin for the goods.

(2) Goods are wholly obtained or produced in the territory of China

if, and only if, the goods are:

(a) live animals born and raised in the territory of China; or

(b) goods obtained in the territory of China from live animals

referred to in paragraph (a); or

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Section 153ZOD

510 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(c) goods obtained directly from hunting, trapping, fishing,

aquaculture, gathering or capturing conducted in the territory

of China; or

(d) plants, or plant products, harvested, picked or gathered in the

territory of China; or

(e) minerals, or other naturally occurring substances, extracted or

taken in the territory of China; or

(f) goods, other than fish, shellfish, plant or other marine life,

extracted or taken from the waters, seabed or subsoil beneath

the seabed outside the territory of China, but only if China

has the right to exploit such waters, seabed or subsoil in

accordance with international law and the law of China; or

(g) fish, shellfish, plant or other marine life taken from the high

seas by a vessel registered with China and flying the flag of

China; or

(h) goods obtained or produced from goods referred to in

paragraph (g) on board factory ships that are registered with

China and flying the flag of China; or

(i) waste and scrap that:

(i) has been derived from production in the territory of

China; or

(ii) has been derived from used goods that are collected in

the territory of China and that are fit only for the

recovery of raw materials; or

(j) goods produced entirely in the territory of China exclusively

from goods referred to in paragraphs (a) to (i).

Subdivision C—Goods produced in China, or in China and

Australia, from originating materials

153ZOD Goods produced in China, or in China and Australia, from

originating materials

Goods are Chinese originating goods if:

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Section 153ZOE

Customs Act 1901 511

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(a) they are produced entirely in the territory of China, or

entirely in the territory of China and the territory of

Australia, from originating materials only; and

(b) either:

(i) the importer of the goods has, at the time the goods are

imported, a Certificate of Origin or a Declaration of

Origin, or a copy of one, for the goods; or

(ii) Australia has waived the requirement for a Certificate of

Origin or a Declaration of Origin for the goods.

Subdivision D—Goods produced in China, or in China and

Australia, from non-originating materials

153ZOE Goods produced in China, or in China and Australia, from

non-originating materials

(1) Goods are Chinese originating goods if:

(a) they are classified to a Chapter, heading or subheading of the

Harmonized System specified in column 1 of the table in

Part 2 of Schedule 1 to the regulations made for the purposes

of this Subdivision; and

(b) they are produced entirely in the territory of China, or

entirely in the territory of China and the territory of

Australia, from non-originating materials only or from

non-originating materials and originating materials; and

(c) each requirement that is prescribed by the regulations to

apply in relation to the goods is satisfied; and

(d) either:

(i) the importer of the goods has, at the time the goods are

imported, a Certificate of Origin or a Declaration of

Origin, or a copy of one, for the goods; or

(ii) Australia has waived the requirement for a Certificate of

Origin or a Declaration of Origin for the goods.

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Section 153ZOE

512 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Change in tariff classification

(2) The regulations may prescribe that each non-originating material

used in the production of the goods is required to satisfy a

prescribed change in tariff classification.

(3) The regulations may also prescribe when a non-originating

material used in the production of the goods is taken to satisfy the

change in tariff classification.

(4) If:

(a) the requirement referred to in subsection (2) applies in

relation to the goods; and

(b) one or more of the non-originating materials used in the

production of the goods do not satisfy the change in tariff

classification;

then the requirement referred to in subsection (2) is taken to be

satisfied if the total value of those non-originating materials does

not exceed 10% of the customs value of the goods.

Regional value content

(5) The regulations may prescribe that the goods are required to have a

regional value content of at least a prescribed percentage.

(6) If:

(a) the goods are required to have a regional value content of at

least a particular percentage; and

(b) the goods are imported into Australia with accessories, spare

parts or tools; and

(c) the accessories, spare parts or tools are classified and

invoiced with the goods and are included in the price of the

goods; and

(d) the quantities and value of the accessories, spare parts or

tools are customary for the goods; and

(e) the accessories, spare parts or tools are non-originating

materials;

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Section 153ZOF

Customs Act 1901 513

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then the regulations must require the value of the accessories, spare

parts or tools to be taken into account as non-originating materials

for the purposes of working out the regional value content of the

goods.

Note: The value of the accessories, spare parts or tools is to be worked out in

accordance with the regulations: see subsection 153ZOB(3).

(7) For the purposes of subsection (6), disregard section 153ZOG in

working out whether the accessories, spare parts or tools are

non-originating materials.

No limit on regulations

(8) Subsections (2) and (5) do not limit paragraph (1)(c).

153ZOF Packaging materials and containers

(1) If:

(a) goods are packaged for retail sale in packaging material or a

container; and

(b) the packaging material or container is classified with the

goods in accordance with Rule 5 of the Interpretation Rules;

then the packaging material or container is to be disregarded for

the purposes of this Subdivision.

Regional value content

(2) However, if:

(a) the goods are required to have a regional value content of at

least a particular percentage; and

(b) the packaging material or container is a non-originating

material;

then the regulations must require the value of the packaging

material or container to be taken into account as a non-originating

material for the purposes of working out the regional value content

of the goods.

Note: The value of the packaging material or container is to be worked out

in accordance with the regulations: see subsection 153ZOB(3).

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Section 153ZOG

514 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Subdivision E—Goods that are accessories, spare parts or tools

153ZOG Goods that are accessories, spare parts or tools

Goods are Chinese originating goods if:

(a) they are accessories, spare parts or tools in relation to other

goods; and

(b) the other goods are imported into Australia with the

accessories, spare parts or tools; and

(c) the other goods are Chinese originating goods; and

(d) the accessories, spare parts or tools are classified and

invoiced with the other goods and are included in the price of

the other goods; and

(e) the accessories, spare parts or tools are not imported solely

for the purpose of artificially raising the regional value

content of the other goods; and

(f) the quantities and value of the accessories, spare parts or

tools are customary for the other goods.

Subdivision F—Non-qualifying operations

153ZOH Non-qualifying operations

(1) Goods are not Chinese originating goods under this Division

merely because of the following operations or processes:

(a) operations or processes to preserve goods in good condition

for the purpose of transport or storage of the goods;

(b) packaging or repackaging;

(c) sifting, screening, sorting, classifying, grading or matching

(including the making up of sets of goods);

(d) placing in bottles, cans, flasks, bags, cases or boxes, fixing

on cards or boards or other simple packaging operations;

(e) affixing or printing marks, labels, logos or other like

distinguishing signs on goods or on their packaging;

(f) disassembly of goods.

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(2) This section applies despite any other provision of this Division.

Subdivision G—Consignment

153ZOI Consignment

(1) Goods are not Chinese originating goods under this Division if the

goods are transported through the territory of a non-party and one

or more of the following apply:

(a) the goods undergo any operation in the territory of the

non-party (other than unloading, reloading, repacking,

relabelling for the purpose of satisfying the requirements of

Australia, splitting up of the goods for further transport,

temporary storage or any operation that is necessary to

preserve the goods in good condition);

(b) if the goods undergo temporary storage in the territory of the

non-party—the goods remain in the territory of the non-party

for a period exceeding 12 months;

(c) the goods do not remain under customs control at all times

while the goods are in the territory of the non-party.

(2) Without limiting paragraph (1)(c), the regulations may make

provision for the circumstances in which goods are under customs

control while the goods are in the territory of a non-party.

(3) This section applies despite any other provision of this Division.

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154 Interpretation

(1) In this Division, unless the contrary intention appears:

about the same time has the meaning given by subsection (2).

acquire, in relation to goods, includes purchase, receive in

exchange for other goods, take on lease, take on hire, take on

hire-purchase and take under licence.

Australian inland freight, in relation to imported goods, means:

(a) if any amount (other than an amount of an Australian inland

insurance) was paid or is payable by a trader of the goods to

a person other than a person related to a trader of the goods

in respect of:

(i) the transportation of the goods on or after their

importation into Australia; or

(ii) the obtaining of any commercial or other documentation

required in respect of the transportation referred to in

subparagraph (i) or in respect of the importation of the

goods;

and a Collector is satisfied of the correctness of that

amount—that amount;

(b) if any amount (other than an amount of Australian inland

insurance) was paid or is payable by a trader of the goods to

a person related to a trader of the goods in respect of the

provision of a service referred to in subparagraph (a)(i) or (ii)

and a Collector:

(i) is satisfied that the amount is the same, or substantially

the same, as the amount that would be payable to a

person not so related; and

(ii) is satisfied of the correctness of that amount;

that amount; or

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(c) if any amount (other than an amount of Australian inland

insurance) was paid or is payable by a trader in respect of the

provision of a service referred to in subparagraph (a)(i) or (ii)

but a Collector is not satisfied as required by paragraph (a) or

(b), whichever is applicable—such an amount as a Collector

determines, having regard to the ordinary costs payable in

respect of the provision of the same service to a trader in

respect of the same class of goods as the imported goods,

under the same conditions, by a person who is not related to a

trader of goods of that class, on or after their importation into

Australia;

or, if more than one of paragraphs (a), (b) and (c) is applicable to

the goods, the sum of the amounts ascertained in accordance with

the applicable paragraphs.

Australian inland insurance, in relation to imported goods,

means:

(a) if any amount was paid or is payable by a trader of the goods

to a person other than a person related to a trader of the

goods in respect of insurance in relation to the transportation

of the goods on or after importation into Australia and a

Collector is satisfied of the correctness of that amount—that

amount;

(b) if any amount was paid or is payable by a trader of the goods

to a person related to a trader of the goods in respect of

insurance of the kind referred to in paragraph (a) and a

Collector:

(i) is satisfied that the amount is the same, or substantially

the same, as the amount that would be payable to a

person not so related; and

(ii) is satisfied of the correctness of that amount;

that amount; or

(c) if any amount was paid or is payable by a trader in respect of

insurance of a kind referred to in paragraph (a) but a

Collector is not satisfied as required by paragraph (a) or (b),

whichever is applicable—such an amount as a Collector

determines, having regard to the ordinary cost of the same

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kind of insurance to a trader in respect of the same class of

goods as the imported goods, under the same conditions,

where the insurer is not related to a trader of goods of that

class;

or, if more than one of paragraphs (a), (b) and (c) is applicable to

the goods, the sum of the amounts ascertained in accordance with

the applicable paragraphs.

buying commission has the meaning given by section 155.

comparable goods, in relation to imported goods, means:

(a) the imported goods;

(b) identical goods; or

(c) similar goods.

computed value, in relation to imported goods, has the meaning

given by section 161F.

computed valued goods means exporter’s goods:

(a) whose owner has, before the payment of duty in respect of

the goods (whether before or after any determination of a

value of the goods) requested a Collector to take their

customs value to be their computed value in preference to

their deductive value; and

(b) whose computed value can be determined by the Collector.

customs value, in relation to imported goods, has the meaning

given by section 159.

deductible administrative costs, in relation to goods in a sale,

means any costs that are payable on or after the importation of the

goods into Australia in relation to the activities of, or services

performed by, any local, State or Commonwealth public authorities

or officers, any licensed Customs broker, or any other person in

Australia, in connection with the importation and subsequent

delivery of the goods.

deductible financing costs, in relation to goods in a sale, means

any interest payable under a written contract, agreement or

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arrangement under which the purchaser is permitted to delay the

payment of the price in return for the payment of that interest

(whether or not also in return for an increase in the price or for the

payment of an additional amount), being a contract, agreement or

arrangement entered into between the purchaser and the vendor or

another person in relation to the purchase of the goods, where:

(a) the interest is distinguished to the satisfaction of a Collector

from the price actually paid or payable for the goods;

(b) if a Collector requires the purchaser to demonstrate to the

satisfaction of a Collector that identical or similar goods are

actually sold at the last-mentioned price—the purchaser so

demonstrates; and

(c) if a Collector requires the purchaser to demonstrate to the

satisfaction of a Collector that the rate of the interest does not

exceed the rate of interest in similar contracts, agreements or

arrangements entered into in the country where, and at the

time when, finance under the first-mentioned contract,

agreement or arrangement was provided—the purchaser so

demonstrates.

deductive (contemporary sales) value, in relation to imported

goods, has the meaning given by section 161C.

deductive (derived goods sales) value, in relation to imported

goods, has the meaning given by section 161E.

deductive (later sales) value, in relation to imported goods, has the

meaning given by section 161D.

deductive value, in relation to imported goods, means their:

(a) deductive (contemporary sales) value;

(b) deductive (later sales) value; or

(c) deductive (derived goods sales) value.

exempted container means a container that:

(a) is not a pallet; and

(b) is or has been permitted to be temporarily imported into

Australia free of Customs duty under section 162A.

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exempted pallet means a pallet that is or has been permitted to be

temporarily imported into Australia free of Customs duty under

either section 162A or 162B.

exporter’s goods means imported goods exported to Australia by

their producer.

fall-back value, in relation to imported goods, has the meaning

given by section 161G.

foreign inland freight, in relation to imported goods, means:

(a) if any amount (other than an amount of foreign inland

insurance) was paid or is payable by a trader of the goods to

a person other than a person related to a trader of the goods

in respect of:

(i) the transportation of the goods within a foreign country

before they left their place of export; or

(ii) the obtaining of any commercial or other documentation

(other than documentation required in respect of

overseas freight or overseas insurance) required in

respect of the transportation referred to in

subparagraph (i) or in respect of the transportation of

the goods from the foreign country concerned;

and a Collector is satisfied of the correctness of that

amount—that amount;

(b) if any amount (other than an amount of foreign inland

insurance) was paid or is payable by a trader of the goods to

a person related to a trader of the goods in respect of the

provision of service referred to in subparagraph (a)(i) or (ii)

and a Collector:

(i) is satisfied that the amount is the same, or substantially

the same, as the amount that would be payable to a

person not so related; and

(ii) is satisfied of the correctness of that amount;

that amount; or

(c) if any amount (other than an amount of foreign inland

insurance) was paid or is payable by a trader in respect of the

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provision of a service referred to in subparagraph (a)(i) or (ii)

but a Collector is not satisfied as required by paragraph (a) or

(b), whichever is applicable—such an amount as a Collector

determines, having regard to the ordinary costs payable in

respect of the provision of the same service to a trader, in

respect of the same class of goods as the imported goods,

under the same conditions, by a person who is not related to a

trader of goods of that class, before leaving the same place of

export;

or, if more than one of paragraphs (a), (b) and (c) is applicable to

the goods, the sum of the amounts ascertained in accordance with

the applicable paragraphs.

foreign inland insurance, in relation to imported goods, means:

(a) if any amount was paid or is payable by a trader of the goods

to a person other than a person related to a trader of the

goods in respect of insurance in relation to the transportation

of the goods within a foreign country before they left their

place of export and a Collector is satisfied of the correctness

of that amount—that amount;

(b) if any amount was paid or is payable by a trader of the goods

to a person related to a trader of the goods in respect of

insurance of the kind referred to in paragraph (a) and a

Collector:

(i) is satisfied that the amount is the same, or substantially

the same, as the amount that would be payable to a

person not so related; and

(ii) is satisfied of the correctness of that amount;

that amount; or

(c) if any amount was paid or is payable by a trader in respect of

insurance of a kind referred to in paragraph (a) but a

Collector is not satisfied as required by paragraph (a) or (b),

whichever is applicable—such an amount as a Collector

determines, having regard to the ordinary cost of the same

kind of insurance to a trader in respect of the same class of

goods as the imported goods, under the same conditions,

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where the insurer is not related to a trader of goods of that

class;

or, if more than one of paragraphs (a), (b) and (c) is applicable to

the goods, the sum of the amounts ascertained in accordance with

the applicable paragraphs.

identical goods, in relation to imported goods, has the meaning

given by section 156.

identical goods value, in relation to imported goods, has the

meaning given by section 161A.

import sales transaction, in relation to imported goods, means:

(a) where there was one, and only one, contract of sale for the

importation of the goods into Australia entered into before

they became subject to customs control and it was also a

contract for their exportation from a foreign country—that

contract;

(b) where there was one, and only one, contract of sale for the

importation of the goods into Australia entered into before

they became subject to customs control and it was not also a

contract for their exportation from a foreign country—that

contract; or

(c) where there were 2 or more contracts of sale for the

importation of the goods into Australia entered into before

they became subject to customs control—whichever of the

contracts was made last;

and includes:

(d) any contract, agreement or arrangement, whether formal or

informal, to which the vendor, the purchaser or an agent of,

or a person related to, the vendor or purchaser is a party that

provides for an increase in the value of the goods the subject

of the contract of sale referred to in paragraph (a), (b) or (c)

prior to their importation; and

(e) any other contract, agreement or arrangement relating to the

contract of sale referred to in paragraph (a), (b) or (c) that a

Collector determines is so closely connected with that

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contract and to the goods the subject of that contract that

together they form a single transaction.

overseas freight, in relation to imported goods, means:

(a) if any amount (other than an amount of overseas insurance)

was paid or is payable by a trader of the goods to a person

other than a person related to a trader of the goods in respect

of the transportation of the goods from their place of export

to Australia, the goods are not self transported goods and a

Collector is satisfied of the correctness of that amount—that

amount;

(b) if any amount (other than an amount of overseas insurance)

was paid or is payable by a trader of the goods to a person

related to a trader of the goods in respect of the transportation

referred to in paragraph (a), the goods concerned are not self

transported goods and a Collector:

(i) is satisfied that the amount is the same, or substantially

the same, as the amount that would be payable to a

person not so related; and

(ii) is satisfied of the correctness of that amount;

that amount; or

(c) if any amount (other than an amount of overseas insurance)

was paid or is payable by a trader in respect of the

transportation referred to in paragraph (a) but the goods

concerned are self transported goods or a Collector is not

satisfied as required by paragraph (a) or (b), whichever is

applicable—such an amount, as a Collector determines,

having regard to the ordinary costs of the transportation of

goods of the same class as the imported goods:

(i) if the imported goods are self transported goods—under

the most commercially viable conditions; or

(ii) if the imported goods are not self transported goods—

under the same conditions as the imported goods;

by a person who is not related to a trader of goods of that

class, between the same foreign country and Australia;

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or, if more than one of paragraphs (a), (b) and (c) is applicable to

the goods, the sum of the amounts ascertained in accordance with

the applicable paragraphs.

overseas insurance, in relation to imported goods, means:

(a) if any amount was paid or is payable by a trader of the goods

to a person other than a person related to a trader of the

goods in respect of insurance in relation to the transportation

of the goods from their place of export to Australia, the

goods are not self transported goods and a Collector is

satisfied of the correctness of that amount—that amount;

(b) if any amount was paid or is payable by a trader of the goods

to a person related to a trader of the goods in respect of

insurance of the kind referred to in paragraph (a), the goods

concerned are not self transported goods, and a Collector:

(i) is satisfied that the amount is the same, or substantially

the same, as the amount that would be payable to a

person not so related; and

(ii) is satisfied of the correctness of that amount;

that amount; or

(c) if any amount was paid or is payable in respect of insurance

of a kind referred to in paragraph (a) but the goods concerned

are self transported goods or a Collector is not satisfied as

required by paragraph (a) or (b) whichever is applicable—

such an amount as a Collector determines, having regard to

the ordinary cost of insurance in relation to the transportation

of goods of the same class as the imported goods:

(i) if the imported goods are self transported goods—under

the most commercially viable conditions; or

(ii) if the imported goods are not self transported goods—

under the same conditions as the imported goods;

where the insurer is not related to a trader of the transported

goods;

or, if more than one of paragraphs (a), (b) and (c) is applicable to

the goods, the sum of the amounts ascertained in accordance with

the applicable paragraphs.

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place of export, in relation to imported goods, means:

(a) where, while in the country from which they were exported

the goods were posted to Australia—the place where they

were so posted;

(b) where, while in the country from which they were exported,

the goods, not being goods referred to in paragraph (a), were

packed in a container—the place where they were so packed;

(c) where the goods, being self transported goods, were exported

from a country by sea or air—the place, or last place, in that

country from which the goods departed for Australia;

(d) where the goods, not being goods referred to in

paragraph (a), (b) or (c), were exported from a country by sea

or air—the place, or first place, in that country where the

goods were placed on board a ship or aircraft for export from

that country;

(e) where the goods, not being goods referred to in

paragraph (a), (b), (c) or (d), were exported from a country

by land, or by river, canal or other inland waterway—the

place at which the goods finally crossed the border from that

country into another country in the course of their

transportation to Australia; or

(f) in any other case—a place determined by a Collector.

price, in relation to goods the subject of a contract of sale, means

an amount determined by a Collector, after disregarding rebates in

relation to those goods, to be the sum of:

(a) all payments that have been made, or are to be made, directly

or indirectly, in relation to such goods, by or on behalf of the

purchaser:

(i) to the vendor;

(ii) to any person related to the vendor unless a Collector is

satisfied that the vendor has not derived and will not

derive any direct or indirect benefit from the payment;

or

(iii) to any other person for the direct or indirect benefit of

the vendor;

in accordance with the contract of sale; and

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(b) all payments that have been made, or are to be made, directly

or indirectly, in relation to such goods, by or on behalf of the

purchaser:

(i) to the vendor;

(ii) to any person related to the vendor unless a Collector is

satisfied that the vendor has not derived and will not

derive any direct or indirect benefit from the payment;

or

(iii) to any other person for the direct or indirect benefit of

the vendor;

under any other contract, agreement or arrangement, whether

formal or informal, being a contract, agreement or

arrangement for the doing of anything to increase the value

of the goods or that a Collector is satisfied is so closely

connected with the contract of sale referred to in

paragraph (a) and to the goods the subject of that contract

that together they form a single transaction;

whether the payment is made in money or by letter of credit,

negotiable instrument or otherwise, and includes:

(c) the value, as determined by a Collector, of any goods or

services supplied, or to be supplied, by, or on behalf of, the

purchaser as part of the consideration passing from the

purchaser under the contract of sale referred to in

paragraph (a); and

(d) the value, as determined by a Collector, of any goods or

services supplied, or to be supplied, directly or indirectly, by,

or on behalf of, the purchaser:

(i) to the vendor;

(ii) to any person related to the vendor unless the Collector

is satisfied that the vendor has not derived and will not

derive any direct or indirect benefit from the payment;

or

(iii) to any other person for the direct or indirect benefit of

the vendor;

under a contract, agreement or arrangement of the kind

referred to in paragraph (b);

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but does not include the amount of any duty of Customs (including

any dumping or countervailing duty imposed under the Customs

Tariff (Anti-Dumping) Act 1975), any sales tax, or any other duty

or tax, that is payable by law because of the importation into, or

subsequent use, sale or disposition in, Australia of the goods.

price related costs, in relation to imported goods, means:

(a) production assist costs in respect of the goods;

(b) packing costs for materials and labour paid or payable,

directly or indirectly, by or on behalf of the purchaser in

respect of the goods (including, but without limiting the

generality of the foregoing, costs of fumigating, cleaning,

coating, wrapping or otherwise preparing the goods for their

exportation from a foreign country or otherwise placing them

in the condition in which they are imported into Australia,

but not including the cost of any exempted pallet or

exempted container concerned in their exportation);

(c) foreign inland freight and foreign inland insurance in relation

to the goods paid or payable, directly or indirectly, by or on

behalf of the purchaser;

(d) commission, other than a buying commission, or brokerage,

paid or payable, directly or indirectly, by or on behalf of the

purchaser in respect of the goods; or

(e) all royalties or licence fees paid or payable, directly or

indirectly, by or on behalf of the purchaser to the vendor or

to another person under the import sales transaction, not

being royalties or licence fees:

(i) that do not relate to the imported goods in the condition,

or substantially in the condition, in which they are

imported into Australia;

(ii) whose only relationship to the imported goods in the

condition in which they are imported into Australia is

insubstantial or incidental;

(iii) that are merely for the right to reproduce the imported

goods within Australia; or

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(iv) that are payable for the assembly, erection, construction

or maintenance of imported goods after their

importation into Australia or for any technical

assistance in respect of the goods after their importation;

and

(f) the whole or any part of the proceeds of any subsequent use,

resale or disposal of the goods, by or on behalf of the

purchaser, that have accrued, or will accrue, to the vendor.

produce includes grow, manufacture, mine, process and treat.

production assist costs, in relation to imported goods (including

imported goods that are comparable goods or derived goods in

relation to other imported goods), means the sum of:

(a) the purchaser’s material costs;

(b) the purchaser’s tooling costs;

(c) the purchaser’s work costs; and

(d) the purchaser’s subsidiary costs;

in relation to those first-mentioned imported goods.

production materials, in relation to the imported goods, means:

(a) materials, components or other goods that form part of the

imported goods; and

(b) materials consumed in the production of the imported goods.

production tooling, in relation to imported goods, means tools,

dies, moulds or other machinery or equipment used in the

production of the imported goods.

production work means art work, design work, development work

and engineering work and includes models, plans and sketches.

purchaser, in relation to imported goods, means the purchaser

under the import sales transaction for the goods.

purchaser’s material costs, in relation to imported goods, means

the sum of the following amounts relating to production materials

supplied, directly or indirectly, by the purchaser free of charge or

at a reduced cost:

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(a) an amount equal to:

(i) where the materials were acquired by the purchaser

from a person who was not related to the purchaser at

the time of acquisition—the value of the materials at the

time of acquisition by the purchaser;

(ii) where the materials were acquired by the purchaser

from a person who was related to the purchaser at the

time of acquisition and who did not produce the

materials—the value of the materials at the time of

acquisition by the purchaser; or

(iii) where the materials were produced by the purchaser or

by a person who was related to the purchaser at the time

of production of the goods—the cost of production;

(b) the cost of transporting the materials after their acquisition or

production by the purchaser to the place of production of the

imported goods;

(c) the cost of repairs and modifications of the materials after

their acquisition or production by the purchaser.

purchaser’s subsidiary costs, in relation to imported goods, means

such part of the sum of the following amounts relating to

subsidiary goods, or subsidiary services, supplied, directly or

indirectly, by the purchaser free of charge or at a reduced price as a

Collector considers should be apportioned to the production of the

imported goods:

(a) an amount equal to:

(i) where the subsidiary goods relate to work goods and

were available generally to the public in Australia or

elsewhere at the time of acquisition by the purchaser (in

this definition called available goods)—the cost to the

public of acquiring the available goods;

(ii) where the subsidiary goods (other than available goods)

were acquired by the purchaser from a person who was

not related to the purchaser at the time of acquisition—

the value of the subsidiary goods at the time of

acquisition by the purchaser;

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(iii) where the subsidiary goods (other than available goods)

were acquired by the purchaser from a person who was

related to the purchaser at the time of acquisition and

who did not produce the goods—the value of the

subsidiary goods at the time of acquisition by the

purchaser; or

(iv) where the subsidiary goods (other than available goods)

were produced by the purchaser or by a person who was

related to the purchaser at the time of the production of

the goods—the cost of that production;

(b) the cost of transporting the subsidiary goods (other than

goods that relate to work goods) after their acquisition or

production by the purchaser to the place of production of the

production materials or production tooling, as the case

requires;

(c) the cost of repairs and modifications of subsidiary goods,

(other than goods that relate to work goods), after their

acquisition or production by the purchaser;

(d) the cost of repairs and modifications outside Australia of

subsidiary goods that relate to work goods after the

acquisition or production of the subsidiary goods by the

purchaser;

(e) an amount equal to:

(i) where the subsidiary services were supplied by a person

who was not related to the purchaser at the time of the

supply—the value of the subsidiary services at the time

of that supply; or

(ii) in any other case—such amount as the Collector

determines to be the value of the subsidiary services;

(f) the cost of the supply of any further services in relation to the

subsidiary services (other than services that relate to work

services);

(g) the cost of the supply outside Australia of any further

services in relation to the subsidiary services that relate to

work services.

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purchaser’s tooling costs, in relation to imported goods, means

such part of the sum of the following amounts relating to

production tooling supplied, directly or indirectly, by the purchaser

free of charge or at a reduced price as a Collector considers should

be apportioned to the production of the imported goods:

(a) an amount equal to:

(i) where the tooling was acquired by the purchaser from a

person who was not related to the purchaser at the time

of acquisition—the value of the tooling at the time of

acquisition by the purchaser;

(ii) where the tooling was acquired by the purchaser from a

person who was related to the purchaser at the time of

acquisition and who did not produce the tooling—the

value of the tooling at the time of acquisition by the

purchaser; or

(iii) where the tooling was produced by the purchaser or by a

person who was related to the purchaser at the time of

production of the tools—the cost of production;

(b) the cost of transporting the tooling after its acquisition or

production by the purchaser to the place of production of the

imported goods;

(c) the cost of repairs and modifications of the tooling after its

acquisition or production by the purchaser.

purchaser’s work costs, in relation to imported goods, means such

part of the sum of the following amounts relating to work goods, or

work services, supplied, directly or indirectly, by the purchaser free

of charge or at a reduced price, as a Collector considers should be

apportioned to the production of the imported goods:

(a) an amount equal to:

(i) where the work goods were available generally to the

public in Australia or elsewhere at the time of

acquisition by the purchaser (in this definition called

available goods)—the cost to the public of acquiring the

goods;

(ii) where the work goods (other than available goods) were

acquired by the purchaser from a person who was not

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related to the purchaser at the time of acquisition—the

value of the work goods at the time of acquisition by the

purchaser;

(iii) where the work goods (other than available goods) were

acquired by the purchaser from a person who was

related to the purchaser at the time of acquisition and

who did not produce the work goods—the value of the

work goods at the time of acquisition by the purchaser;

or

(iv) where the work goods (other than available goods) were

produced by the purchaser or by a person who was

related to the purchaser at the time of the production of

the work goods—the cost of that production;

(b) the cost of transporting the work goods, after their acquisition

or production by the purchaser to the place of production of

the imported goods;

(c) the cost of repairs and modifications outside Australia of the

work goods after their acquisition by the purchaser;

(d) an amount equal to:

(i) where the work services were supplied by a person who

was not related to the purchaser at the time of the

supply—the value of the work services at the time of

that supply; or

(ii) in any other case—such amount as the Collector

determines to be the value of the work services;

(e) the cost of the supply outside Australia of any further

services in relation to the work services.

rebate, in relation to goods the subject of a contract for sale, means

any rebate of, or other decrease in, the amount that would

constitute the price of the goods other than such a rebate or

decrease the benefit of which has been received when that amount

is being determined.

related, in relation to persons, has the meaning given by

subsection (3).

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request goods means goods whose owner has requested a Collector

to determine their deductive (derived goods sales) value.

royalty, in relation to imported goods, means royalty within the

meaning given by section 157.

self transported goods means:

(a) a ship imported otherwise than in another ship or an aircraft;

or

(b) an aircraft imported otherwise than in a ship or another

aircraft.

similar goods, in relation to imported goods, has the meaning

given by section 156.

similar goods value, in relation to imported goods, has the

meaning given by section 161B.

subsidiary goods, in relation to imported goods, means goods

supplied, directly or indirectly, by the purchaser in relation to the

production of production materials, production tooling, work

goods, or work services, supplied, directly or indirectly by the

purchaser (whether or not free of charge or at a reduced cost) in

relation to the production of the imported goods.

subsidiary services, in relation to imported goods, means services

supplied, directly or indirectly, by the purchaser in relation to the

production of production materials, production tooling, work

goods, or work services, supplied, directly or indirectly by the

purchaser (whether or not free of charge or at a reduced cost) in

relation to the production of the imported goods.

trade mark means a mark of a kind capable of registration under

the Trade Marks Act 1955, whether or not it is registered under that

Act or any other law, but does not include a mark that relates to a

service.

trader, in relation to goods, means a vendor, exporter, purchaser or

importer of the goods.

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transaction value, in relation to imported goods, has the meaning

given by section 161.

transportation includes transportation by post and storage or

handling incidental to transportation.

value unrelated amount, in relation to goods in a sale, means:

(a) where the sale is on commission—the amount of commission

usually earned in connection with the sale of other goods of

the same class and in the same quantity as the goods in the

sale, being a sale of other goods in Australia at the same

trade level as the first-mentioned goods;

(b) where the sale is not on commission—the amount usually

added for profit and general expenses (including all costs,

direct or indirect, of marketing), taken as a whole, in

connection with the sale of other goods of the same class or

kind and in the same quantity as the goods in the sale, being a

sale of other goods in Australia at the same trade level as the

first-mentioned goods;

(c) Australian inland freight and Australian inland insurance in

respect of the goods in the sale or of the goods from which

the goods in the sale were derived;

(d) the amount of any duties of Customs and other taxes payable

because of the importation into, or the sale in, Australia of

the goods in the sale or of goods from which the goods in the

sale were derived; and

(e) overseas freight and overseas insurance in relation to the

goods in the sale or of the goods from which the goods in the

sale were derived.

vendor, in relation to imported goods, means the vendor under the

import sales transaction for the goods.

work goods, in relation to imported goods, means goods relating to

production work that was:

(a) required for the production of the imported goods; and

(b) undertaken outside Australia.

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work services, in relation to imported goods, means services

relating to production work that was:

(a) required for the production of the imported goods; and

(b) undertaken outside Australia.

(2) For the purposes of this Division, an event occurs about the same

time as another event if the first event occurs:

(a) on the same day as the other event; or

(b) within the 45 days immediately before, or the 45 days

immediately after, the day on which the other event occurs.

(3) For the purposes of this Division, 2 persons shall be deemed to be

related to each other if, and only if:

(a) both being natural persons:

(i) they are members of the same family; or

(ii) one of them is an officer or director of a body corporate

controlled, directly or indirectly, by the other;

(b) both being bodies corporate:

(i) both of them are controlled, directly or indirectly, by a

third person (whether or not a body corporate);

(ii) both of them together control, directly or indirectly, a

third body corporate;

(iii) the same person (whether or not a body corporate) is in

a position to cast, or control the casting of, 5% or more

of the maximum number of votes that might be cast at a

general meeting of each of them;

(c) one of them, being a body corporate, is, directly or indirectly,

controlled by the other (whether or not a body corporate);

(d) one of them, being a natural person, is an employee, officer

or director of the other (whether or not a body corporate); or

(e) they are members of the same partnership.

Note: In relation to the reference to member of a family in

subparagraph (3)(a)(i), see also section 4AAA.

(4) A person, whether or not a body corporate, shall be taken to control

another body corporate for the purposes of subsection (3) if that

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person has the capacity to impose any restraint or restrictions upon,

or to exercise any direction over, that other body corporate.

(5) Without, by implication, affecting the meaning of any reference to

an owner of goods in any other provision of this Act, a reference in

this Division to the owner of goods, being a ship or aircraft, shall

not be taken to include a person acting as agent for the owner or

receiving freight or other charges payable in respect of the ship or

aircraft.

155 Interpretation—Buying commission

(1) Subject to subsection (2), a reference in this Division to a buying

commission in relation to imported goods is a reference to an

amount paid or payable by or on behalf of the purchaser of the

goods directly or indirectly to a person who, as an agent of the

purchaser, represented the purchaser in the purchase of the goods

in the import sales transaction.

(2) An amount paid by a purchaser of imported goods to another

person in the circumstances referred to in subsection (1) shall be

taken not to be a buying commission unless a Collector is satisfied

that that other person did not and does not:

(a) produce, in whole or in part, or control the production, in

whole or in part of:

(i) the imported goods, or any other goods whose value

would be taken into account in determining, or

attempting to determine, the transaction value of the

imported goods; or

(ii) any other goods of the same class as goods referred to in

subparagraph (i);

(b) supply, or control the supply of, any services:

(i) whose value would be taken into account in

determining, or attempting to determine, the price of the

imported goods; or

(ii) any other services of the same class as the services

referred to in subparagraph (i);

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(c) transport the imported goods, or any other goods referred to

in subparagraph (a)(i), within any foreign country, between a

foreign country and Australia, or within Australia, for any

purpose associated with the manufacture or importation of

those imported goods;

(d) purchase, exchange, sell, or otherwise trade any of the goods

referred to in subparagraph (a)(i) or supply any of the

services referred to in subparagraph (b)(i) other than in the

capacity of an agent of the purchaser;

(e) in relation to any of the goods referred to in

subparagraph (a)(i) or any of the services referred to in

subparagraph (b)(i):

(i) act as an agent for, or in any other way represent, the

producer, supplier, or vendor of the goods or services;

or

(ii) otherwise be associated with any such person except as

the agent of the purchaser; or

(f) claim or receive, directly or indirectly, the benefit of any

commission, fee or other payment, in the form of money,

letter of credit, negotiable instruments, or any goods or

services, from any person as a consequence of the import

sales transaction, other than commission received from the

purchaser for the services rendered by that person in that

transaction.

156 Interpretation—Identical goods and similar goods

(1) 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:

(a) are the same in all material respects, including physical

characteristics, quality and reputation, as the imported goods;

(b) were produced in the same country as the imported goods;

and

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(c) were produced by or on behalf of the producer of the

imported goods;

but not being goods in relation to which:

(d) art work, design work, development work, engineering work

undertaken, or substantially undertaken, in Australia; or

(e) 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.

(2) 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.

(3) 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:

(a) closely resemble the imported goods in respect of component

materials and parts and in respect of physical characteristics;

(b) 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;

(c) were produced in the same country as the imported goods;

and

(d) were produced by or on behalf of the producer of the

imported goods;

but not being goods in relation to which:

(e) art work, design work, development work or engineering

work undertaken, or substantially undertaken, in Australia; or

(f) models, plans or sketches prepared, or substantially prepared,

in Australia;

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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.

(4) 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.

157 Interpretation—Royalties

(1) A reference in this Division to a royalty includes a reference to an

amount paid or credited (however described or computed and

whether the payment or credit is periodical or not) to the extent to

which the amount is paid or credited as consideration for:

(a) the making, use, exercise or vending of an invention or the

right to make, use, exercise or vend an invention;

(b) the use of, or the right to use:

(i) a design or trade mark;

(ii) confidential information; or

(iii) machinery, implements, apparatus or other equipment;

(c) the supply of scientific, technical, industrial, commercial or

other knowledge or information;

(d) the supply of any assistance that is ancillary and subsidiary

to, and is furnished as a means of enabling the application or

enjoyment of, any matter falling within any of the foregoing

paragraphs; or

(e) a total or partial forbearance in respect of any matter falling

within any of the foregoing paragraphs (including

paragraph (d)).

(2) Where:

(a) a person pays an amount of royalty in respect of goods at a

time when the goods are not imported goods;

(b) the goods are imported goods before or after the payment;

and

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(c) the payment is made in connection with a scheme entered

into or carried out for the purpose of the payment not being

royalty for the purposes of this Division;

the payment shall be deemed, for the purposes of this Division, to

have been made at a time when the goods were imported goods.

(3) In this section:

design means a design of a kind capable of being registered under

the Designs Act 2003, whether or not it is registered under that Act

or any other law.

payment, in relation to an amount, includes the incurring of a

liability to pay, and the crediting of, the amount.

scheme means:

(a) an agreement, arrangement, understanding, promise or

undertaking, whether formal or informal, whether express or

implied and whether or not enforceable, or intended to be

enforceable, by legal proceedings; or

(b) a plan, proposal, action, course of action or course of

conduct, whether unilateral or otherwise.

use, includes hire-out, lease-out, rent-out, sell, market, distribute or

otherwise trade in or dispose of.

(4) For the purposes of this section, a scheme shall be taken to be

entered into or carried out for a particular purpose if the person

who has, or one or more of the persons who have, entered into or

carried out the scheme or a part of the scheme did so for that

purpose or for purposes including that purpose.

158 Interpretation—Transportation costs

Where the purchaser of imported goods:

(a) has supplied any production material, production tooling or

work goods in relation to those imported goods to a person in

a foreign country for the purposes related to the production of

those imported goods; or

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(b) has supplied any subsidiary goods to a person in a foreign

country for purposes related to the production of production

materials, production tooling, work goods or work services in

relation to those imported goods;

references in this Division to the cost of transporting that

production material or production tooling or those work goods or

subsidiary goods, after its or their acquisition or production by the

purchaser, to the place of production in that foreign country shall

be taken to include:

(c) the packing costs for materials and labour paid or payable by

or on behalf of the purchaser in relation to that production

material, or production tooling or those work goods or

subsidiary goods including, but without limiting the

generality of the foregoing, costs of fumigating, cleaning,

coating, wrapping or otherwise preparing the material tooling

or goods for transportation to the place of production of the

imported goods;

(d) any amount paid or payable by or on behalf of the purchaser

in relation to that production material or production tooling

or those work goods or subsidiary goods that would:

(i) if that foreign country were Australia;

(ii) if any other country from which that material or tooling

or those goods were exported were a foreign country;

and

(iii) if that material or tooling or those goods were imported

goods;

be an amount of foreign inland freight or foreign inland

insurance, overseas freight or overseas insurance, or

Australian inland freight or Australian inland insurance; and

(e) all duties of Customs, sales tax, or other duties or taxes paid

or payable in consequence of the importation of that

production tooling or those work goods or subsidiary goods

or in consequence of any other use, sale or disposition in that

foreign country.

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159 Value of imported goods

(1) Unless the contrary intention appears in this Act or in another Act,

the value of imported goods for the purposes of an Act imposing

duty is their customs value and the Collector shall determine that

customs value in accordance with this section.

(2) Where a Collector can determine the transaction value of imported

goods, their customs value is their transaction value.

(3) Where a Collector cannot determine the transaction value of

imported goods but can determine their identical goods value, their

customs value is their identical goods value.

(4) Where a Collector:

(a) cannot determine the transaction value of imported goods;

and

(b) cannot determine their identical goods value;

but can determine their similar goods value, their customs value is

their similar goods value.

(5) Where a Collector:

(a) cannot determine the transaction value of imported goods,

not being computed valued goods;

(b) cannot determine their identical goods value; and

(c) cannot determine their similar goods value;

but can determine their deductive (contemporary sales) value, their

customs value is their deductive (contemporary sales) value.

(6) Where a Collector:

(a) cannot determine the transaction value of imported goods,

not being computed valued goods;

(b) cannot determine their identical goods value;

(c) cannot determine their similar goods value; and

(d) cannot determine their deductive (contemporary sales) value;

but can determine their deductive (later sales) value, their customs

value is their deductive (later sales) value.

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(7) Where a Collector:

(a) cannot determine the transaction value of imported goods,

not being computed valued goods but being request goods;

(b) cannot determine their identical goods value;

(c) cannot determine their similar goods value;

(d) cannot determine their deductive (contemporary sales) value;

and

(e) cannot determine their deductive (later sales) value;

but can determine their deductive (derived goods sales) value, their

customs value is their deductive (derived goods sales) value.

(8) Where a Collector:

(a) cannot determine the transaction value of exporter’s goods,

not being computed valued goods;

(b) cannot determine their identical goods value;

(c) cannot determine their similar goods value;

(d) where they are request goods, cannot determine any of their

deductive values; and

(e) where they are not request goods:

(i) cannot determine their deductive (contemporary sales)

value; and

(ii) cannot determine their deductive (later sales) value;

but can determine their computed value, their customs value is

their computed value.

(9) Where a Collector:

(a) cannot determine the transaction value of imported goods,

being computed valued goods;

(b) cannot determine their identical goods value; and

(c) cannot determine their similar goods value;

their customs value is their computed value.

(10) Where a Collector:

(a) cannot determine the transaction value of imported goods;

(b) cannot determine their identical goods value;

(c) cannot determine their similar goods value;

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(d) where they are request goods, cannot determine any of their

deductive values;

(e) where they are not request goods:

(i) cannot determine their deductive (contemporary sales)

value; and

(ii) cannot determine their deductive (later sales) value; and

(f) where they are exporter’s goods, cannot determine their

computed value;

their customs value is their fall-back value.

160 Inability to determine a value of imported goods by reason of

insufficient or unreliable information

(1) Where a Collector is not satisfied that there is sufficient reliable

information available to the Collector, being information of a kind

referred to in subsection (2), to enable him or her to determine a

value of imported goods in accordance with a provision of this

Division for determining their customs value, the Collector may

determine, in writing, that he or she is not so satisfied and the

Collector shall thereupon be taken to be unable to determine that

first-mentioned value.

(2) Where a Collector is not satisfied that there is sufficient reliable

information available to the Collector to enable him or her to

determine the quantity and correctness of any amount that is

required to be taken into account in determining a value of those

goods in accordance with a provision of this Division for

determining the customs value of imported goods, then:

(a) where that amount would ordinarily form part of their

customs value under the particular valuation method set out

in that provision—the Collector shall determine, in writing,

that he or she is not so satisfied and the Collector shall

thereupon be taken to be unable to use that method;

(b) where that amount would ordinarily be deducted from the

amount that would otherwise be their customs value under

the particular valuation method set out in that provision:

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(i) if the Collector determines, in writing, that he or she is

not so satisfied and that he or she does not desire to use

the method—the Collector shall thereupon be taken to

be unable to use that method; and

(ii) if the Collector determines, in writing, that he or she is

not so satisfied but that he or she desires to use the

method—the Collector may use the method but no

deduction shall be allowed on account of that amount.

161 Transaction value

(1) The transaction value of imported goods is an amount equal to the

sum of their adjusted price in their import sales transaction and of

their price related costs to the extent that those costs have not been

taken into account in determining the price of the goods.

(2) In this section:

adjusted price, in relation to imported goods, means the price of

the goods determined by a Collector who deducts from the amount

that, but for this subsection, would be the amount of that price,

such amounts as the Collector considers necessary to take account

of the following matters:

(a) deductible financing costs in relation to the goods;

(b) any costs that the Collector is satisfied:

(i) are payable for the assembly, erection, construction or

maintenance of, or any technical assistance in respect

of, the goods;

(ii) are incurred after importation of the goods into

Australia; and

(iii) are capable of being accurately quantified by reference

to the import sales transaction relating to the goods;

(c) Australian inland freight and Australian inland insurance in

relation to the goods;

(d) deductible administrative costs in relation to the goods;

(e) overseas freight and overseas insurance in relation to the

goods.

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161A Identical goods value

(1) The identical goods value of imported goods is their value

calculated as if the value of each of their units were:

(a) the unit price of comparable identical goods; or

(b) if, because 2 or more lots of goods are treated as comparable

identical goods, there are 2 or more such unit prices—the

lower or lowest of those unit prices.

(2) In this section:

comparable identical goods, in relation to imported goods, means

identical goods that a Collector is satisfied:

(a) were exported to Australia about the same time as the

imported goods; and

(b) either:

(i) were sold in the same, or substantially the same,

quantities, as the imported goods in an import sales

transaction at the same trade level as the import sales

transaction of the imported goods; or

(ii) are of a kind that reasonable inquiry by the Collector

has not shown to be so sold.

unit price, in relation to comparable identical goods, means their

transaction value:

(a) adjusted to such extent as a Collector considers necessary so

that that value is what it would have been if:

(i) their foreign inland freight and foreign inland insurance

had been what that freight and insurance would have

been if the goods had been transported, and only

transported, over the distances over which, and in the

modes in which, the imported goods with which they

are comparable identical goods were transported;

(ii) the trade levels of the import sales transactions of the

comparable identical goods had been those of the import

sales transaction of the imported goods; and

(iii) the comparable identical goods had been sold in their

import sales transactions in the quantity in which the

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imported goods were sold in their import sales

transaction; and

(b) divided by the number of units of the comparable identical

goods.

161B Similar goods value

(1) The similar goods value of imported goods is their value calculated

as if the value of each of their units were:

(a) the unit price of comparable similar goods; or

(b) if, because 2 or more lots of goods are treated as comparable

similar goods, there are 2 or more such unit prices—the

lower or lowest of those unit prices.

(2) In this section:

comparable similar goods, in relation to imported goods, means

similar goods that a Collector is satisfied:

(a) were exported to Australia about the same time as the

imported goods; and

(b) either:

(i) were sold in the same, or substantially the same,

quantities, as the imported goods in an import sales

transaction at the same trade level as the import sales

transaction of the imported goods; or

(ii) are of a kind that reasonable inquiry by the Collector

has not shown to be so sold.

unit price, in relation to comparable similar goods, means their

transaction value:

(a) adjusted to such extent as a Collector considers necessary so

that that value is what it would have been if:

(i) their foreign inland freight and foreign inland insurance

had been what that freight and insurance would have

been if the goods had been transported, and only

transported, over the distances over which, and in the

modes in which, the imported goods with which they

are comparable similar goods were transported;

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(ii) the trade levels of the import sales transactions of the

comparable similar goods had been those of the import

sales transaction of the imported goods; and

(iii) the comparable similar goods had been sold in their

import sales transactions in the quantity in which the

imported goods were sold in their import sales

transaction; and

(b) divided by the number of units of the comparable similar

goods.

161C Deductive (contemporary sales) value

(1) The deductive (contemporary sales) value of imported goods is

their value calculated as if the value of each of their units were the

unit price of comparable goods sold in the reference sale or sales.

(2) In this section:

contemporary sale, in relation to comparable goods comparable

with imported goods, means a sale known to a Collector of the

comparable goods in Australia in the condition in which they were

imported, being a sale:

(a) at about the same time as the time of importation of the

imported goods;

(b) at the first trade level at which the comparable goods were

sold after their importation;

(c) in circumstances where, in the opinion of the Collector, the

purchaser of the comparable goods:

(i) was not, at the time of the sale, related to the vendor of

the comparable goods; and

(ii) did not incur any production assist costs in relation to

the comparable goods; and

(d) that was, in the opinion of the Collector, a sale of a sufficient

number of units of comparable goods as to permit an

appropriate determination of their price per unit.

reference sale, in relation to comparable goods, means:

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(a) where there was only one contemporary sale of the goods—

that sale;

(b) where:

(i) there were 2 or more such sales; and

(ii) the comparable goods were sold in those sales at the one

unit price;

each of those sales;

(c) where:

(i) there were 2 or more such sales;

(ii) the comparable goods were sold in those sales at 2 or

more unit prices; and

(iii) a higher number of units of comparable goods were sold

in those sales at one of those unit price than were sold in

those sales at any other single particular unit price;

the sale, or each of the sales, in which comparable goods

were sold at the particular unit price first-mentioned in

subparagraph (iii);

(d) where:

(i) there were 2 or more such sales;

(ii) the comparable goods were sold in those sales at 2 or

more unit prices; and

(iii) an equal number of units of comparable goods were

sold in those sales at each of those unit prices;

the sale or sales in which the comparable goods were sold at

the lower or lowest of the unit prices; and

(e) where:

(i) there were 2 or more such sales;

(ii) the comparable goods were sold in those sales at 2 or

more unit prices; and

(iii) an equal number of units of comparable goods were

sold in those sales at 2 or more of those unit prices and

that number was not exceeded by the number of units of

comparable goods sold in those sales at any other single

particular unit price;

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the sale, or sales, at which comparable goods were sold at the

lower or lowest of the unit prices first-mentioned in

subparagraph (iii).

unit price, in relation to comparable goods sold in a contemporary

sale, means the price of the goods in that sale:

(a) reduced by the sum of value unrelated amounts, deductible

administrative costs, and deductible financing costs, in

relation to the comparable goods; and

(b) divided by the number of units of the comparable goods.

(3) The following example illustrates the operation of paragraph (c) of

the definition of reference sale in subsection (2):

Facts:

There were 2 contemporary sales of 5 units of comparable goods at

a unit price of $100.

There were 6 contemporary sales of 3 units of comparable goods at

a unit price of $40.

There was one contemporary sale of 4 units of comparable goods

at a unit price of $40.

There was one contemporary sale of 7 units of comparable goods

at a unit price of $60.

There were 3 contemporary sales of 2 units of comparable goods at

a unit price of $60.

This means that:

10 units of comparable goods were sold in contemporary sales at

$100.

22 units of comparable goods were sold in contemporary sales at

$40.

13 units of comparable goods were sold in contemporary sales at

$60.

Result:

More units of comparable goods were sold in contemporary sales

at $40 than were sold in such sales at any other unit price.

Therefore, the reference sales are the sales at the unit price of $40.

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(4) The following example illustrates the operation of paragraph (e) of

the definition of reference sale in subsection (2):

Facts:

There was one contemporary sale of 10 units of comparable goods

at a unit price of $60.

There were 2 contemporary sales of 2 units of comparable goods at

a unit price of $20.

There was one contemporary sale of 6 units of comparable goods

at a unit price of $20.

There were 8 contemporary sales of 1 unit of comparable goods at

a unit price of $80.

There was one contemporary sale of 5 units of comparable goods

at a unit price of $70.

There were 2 contemporary sales of 2 units of comparable goods at

a unit price of $70.

There were 2 contemporary sales of 1 unit of comparable goods at

a unit price of $50.

There were 2 contemporary sales of 4 units of comparable goods at

a unit price of $50.

Result:

An equal number of units of comparable goods (10) were sold in

contemporary sales at 3 unit prices ($60, $20, $50).

This number is not exceeded by 8 units of comparable goods sold

in contemporary sales at $80 or by 9 units of comparable goods

sold in contemporary sales at $70.

Therefore, reference sales are the sales at the unit price of $20.

161D Deductive (later sales) value

(1) The deductive (later sales) value of imported goods is their value

calculated as if the value of each of the units were the unit price of

comparable goods sold in the reference sale or sales.

(2) In this section:

later sale, in relation to comparable goods compared with imported

goods, means a sale known to a Collector of the comparable goods

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in Australia in the condition in which they were imported, being a

sale:

(a) during the 90 days that began on the day of importation of

the imported goods;

(b) at the first trade level at which the comparable goods were

sold after their importation;

(c) in circumstances where, in the opinion of the Collector, the

purchaser of the comparable goods:

(i) was not, at the time of the sale, related to the vendor of

the comparable goods; and

(ii) did not incur any production assist costs in relation to

the comparable goods; and

(d) was, in the opinion of the Collector, a sale of a sufficient

number of units of comparable goods as to permit an

appropriate determination of their price per unit.

reference sale, in relation to comparable goods, means:

(a) where there was only one later sale of the goods—that sale;

(b) where there were 2 or more such sales and one of them was

on an earlier day than the other or others—that sale; or

(c) where there were 2 or more such sales on a common day and

no such sale occurred on an earlier day:

(i) if one of the sales on the common day was of a higher

number of units of the comparable goods than the other

or others on the common day—that sale of a higher

number; or

(ii) if 2 or more of the sales on the common day were of the

same number of units of comparable goods and no other

sale on the common day was of a higher number of such

units—whichever of those 2 or more sales of the same

number of units was the sale in which comparable

goods were sold at the lower or lowest unit price.

unit price, in relation to comparable goods sold in a later sale,

means the price of the goods in that sale:

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(a) reduced by the sum of value unrelated amounts, deductible

administrative costs, and deductible financing costs, in

relation to the comparable goods; and

(b) divided by the number of units of the comparable goods.

161E Deductive (derived goods sales) value

(1) The deductive (derived goods sales) value of imported goods is

their value calculated as if the value of each of their units were the

unit price of derived goods derived from them sold in the reference

sale or sales.

(2) In this section:

derived goods, in relation to imported goods, means the imported

goods after they have been assembled, packaged or further

processed in Australia.

derived goods sale, in relation to derived goods derived from

imported goods, means a sale known to a Collector of derived

goods in Australia, being a sale:

(a) during the 90 days that began on the day of importation of

the imported goods;

(b) at the first trade level at which the derived goods were sold

after that importation;

(c) in circumstances where, in the opinion of the Collector, the

purchaser of the derived goods:

(i) was not related to the vendor of the derived goods at the

time of the sale; and

(ii) did not incur any production assist costs in relation to

the derived goods; and

(d) that was, in the opinion of the Collector, a sale of a sufficient

number of units of derived goods as to permit an appropriate

determination of the price per unit of the goods.

reference sale, in relation to derived goods, means:

(a) where there was only one derived goods sale—that sale;

(b) where:

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(i) there were 2 or more such sales; and

(ii) derived goods were sold in those sales at the one unit

price;

each of those sales;

(c) where:

(i) there were 2 or more such sales;

(ii) the derived goods were sold in those sales at 2 or more

unit prices; and

(iii) a higher number of units of derived goods were sold in

those sales at one of those unit prices than were sold in

those sales at any other single particular unit price;

the sale, or each of the sales, in which derived goods were

sold at the particular unit price first-mentioned in

subparagraph (iii);

(d) where:

(i) there were 2 or more such sales;

(ii) derived goods were sold in those sales at 2 or more unit

prices; and

(iii) an equal number of units of derived goods were sold in

those sales at each of those unit prices;

the sale or sales in which the derived goods were sold at the

lower or lowest of the unit prices; and

(e) where:

(i) there were 2 or more such sales;

(ii) derived goods were sold in those sales at 2 or more unit

prices; and

(iii) an equal number of units of derived goods were sold in

those sales at 2 or more of those unit prices and that

number was not exceeded by the number of units of

derived goods sold in those sales at any other single

particular unit price;

the sale, or sales, at which derived goods were sold at the

lower or lowest of the unit prices first-mentioned in

subparagraph (iii).

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unit price, in relation to derived goods derived from imported

goods and sold in a derived goods sale, means the price of the

derived goods in that sale:

(a) reduced by the sum of:

(i) value unrelated amounts, in relation to the derived

goods;

(ii) deductible administrative costs in relation to the derived

goods;

(iii) deductible financing costs in relation to the derived

goods; and

(iv) the amount of the value added to the derived goods that

is attributable to the assembly, packaging or further

processing of the imported goods in Australia; and

(b) divided by the number of units of the derived goods.

161F Computed value

(1) The computed value of imported goods is such part of the sum of

the following amounts as a Collector considers should be

apportioned to their production:

(a) Australian arranged material costs;

(b) Australian arranged subsidiary costs;

(c) Australian arranged tooling costs;

(d) Australian arranged work costs;

(e) the value of all other goods used in their production and not

included in paragraphs (a) to (d), inclusive;

(f) the costs, charges and expenses incurred by their producer in

relation to their production and not included in paragraphs (a)

to (e), inclusive;

(g) the profit and expenses (including all costs, direct or indirect,

of marketing but not including costs and expenses included

in paragraphs (a) to (f), inclusive) that are usually added to

the sale for export to Australia of goods of the same class as

the imported goods from the country of export of the

imported goods, being a sale of goods by their producer to a

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purchaser who is not, at the time of sale, related to the

producer;

(h) packing costs for materials and labour incurred in respect of

the goods (including, but without limiting the generality of

the foregoing, costs of fumigating, cleaning, coating,

wrapping or otherwise preparing the goods for their

exportation from a foreign country or otherwise placing them

in the condition in which they are imported into Australia but

not including the costs of any exempted pallet or exempted

container concerned in their exportation), being costs that are

not included in paragraphs (a) to (g), inclusive;

(j) foreign inland freight and foreign inland insurance that is

usually added to a sale referred to in paragraph (g) and that is

not included in paragraphs (a) to (h), inclusive.

(2) In this section, Australian arrange material costs, Australian

arranged subsidiary costs, Australian arranged tooling costs and

Australian arranged work costs, in relation to imported goods,

have the meanings that purchaser’s material costs, purchaser’s

subsidiary costs, purchaser’s tooling costs and purchaser’s work

costs respectively, would have, in relation to imported goods, if the

references in the 4 last-mentioned definitions to purchaser were

references to a person in Australia.

161G Fall-back value

The fall-back value of imported goods is such value as a Collector

determines, having regard to the other methods of valuation under

this Division in the order in which those methods would ordinarily

be considered under section 159 and of such other matters as the

Collector considers relevant, but not having regard to any of the

following matters:

(a) the selling price in Australia of goods produced in Australia;

(b) any system that provides for the acceptance for the purposes

of this Act of the higher of 2 alternative values;

(c) the price of goods on the domestic market of the country

from which the imported goods were exported;

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(d) the cost of production of goods, other than the computed

value of identical goods or similar goods;

(e) the price of goods sold for export to a country other than

Australia and not imported into Australia;

(f) any system that provides for minimum values for the

purposes of this Act;

(g) arbitrary or fictitious values.

161H When transaction value unable to be determined

(1) Without limiting section 160, a Collector cannot determine the

transaction value of imported goods for the purposes of this

Division, including, but without limiting the generality of the

foregoing, section 161A or 161B, if the Collector:

(a) after reasonable inquiry, is not aware of any import sales

transaction in relation to the goods;

(b) has, in accordance with subsection (3), (5) or (7), decided

that the transaction value of the goods cannot be determined;

or

(c) is satisfied that the disposition or use of the goods by the

purchaser is subject to restrictions, not being restrictions of

the following kinds:

(i) restrictions imposed or required by, or by any public

officer or authority acting in accordance with, any law

in force in Australia;

(ii) restrictions that limit the geographical area in which the

goods may be sold;

(iii) restrictions that do not substantially affect the

commercial value of the goods.

(2) Where, in relation to goods required to be valued, a Collector:

(a) is satisfied that the purchaser and the vendor of imported

goods were, at the time of the goods’ import sales

transaction, related persons; and

(b) considers that that relationship may have influenced the price

of the goods;

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the Collector shall, by notice in writing served, personally or by

post, on the purchaser of the goods:

(c) advise the purchaser of:

(i) the view that the Collector has formed of the possible

effect on the price of the goods of the relationship

between the purchaser and the vendor;

(ii) the reasons for forming that view; and

(iii) the fact that, because of that view, the Collector may be

required to decide under subsection (3) that the

transaction value of the goods cannot be determined;

and

(d) invite the purchaser to put before the Collector, within a

period specified in the notice (not being a period of less than

28 days), such further information as the purchaser considers

might serve to satisfy the Collector as to any of the matters

set out in subsection (3).

(3) On the expiration of the period specified in a notice under

subsection (2), the Collector shall, unless the purchaser of the

imported goods has satisfied the Collector that:

(a) a relationship between the purchaser and the vendor of the

goods did not influence the price of the goods; or

(b) the amount of the transaction value that would be determined

in respect of the goods if the purchaser and the vendor had

not been related at the time of the import sales transaction for

the goods divided by the number of the units of the goods

closely approximates, having regard to all relevant factors:

(i) the unit price within the meaning of section 161A of

identical goods that were exported to Australia about the

same time as the imported goods;

(ii) the unit price within the meaning of section 161B of

similar goods that were exported to Australia about the

same time as the imported goods;

(iii) the unit price of identical goods or similar goods sold in

a contemporary sale within the meaning of section 161C

as determined in accordance with that section; or

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(iv) the computed unit price of identical goods or similar

goods that were imported into Australia about the same

time as the imported goods being the computed value of

those identical or similar goods determined in

accordance with section 161F divided by the number of

units of those identical or similar goods;

be taken to be unable to determine the transaction value of the

goods.

(4) Where, in relation to goods required to be valued, a Collector is of

the opinion that the price at which the goods were sold in their

import sales transaction is different from the price at which goods

that are identical goods or similar goods to the first-mentioned

goods would normally be sold in an import sales transaction

similar to the first-mentioned import sales transaction, the

Collector shall, by notice in writing served, personally or by post,

on the purchaser:

(a) advise the purchaser of the Collector’s opinion; and

(b) require the purchaser to satisfy the Collector, within the

period specified in the notice, not being a period of less than

28 days, that the price difference was not designed to obtain a

reduction of, or to avoid duty.

(5) On the expiration of the period specified in a notice under

subsection (4) in relation to imported goods, the Collector shall,

unless the purchaser of the goods to whom the notice was given

has satisfied the Collector as required by the notice, be taken to be

unable to determine the transaction value of the goods.

(6) Where, in relation to services provided in respect of goods required

to be valued, a Collector is of the opinion that the services were

provided in relation to the goods under the terms of their import

sales transaction at a price different from the price normally paid

for the provision of identical or similar services in relation to goods

that are identical goods or similar goods to the first-mentioned

goods, sold in an import sales transaction similar to the

first-mentioned import sales transaction, the Collector shall, by

notice in writing served, personally or by post, on the purchaser:

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(a) advise the purchaser of the Collector’s opinion; and

(b) require the purchaser to satisfy the Collector, within the

period specified in the notice, not being a period of less than

28 days, that the price difference was not designed to obtain a

reduction of, or to avoid duty.

(7) On the expiration of the period specified in a notice under

subsection (6) in relation to imported goods, the Collector shall,

unless the purchaser of the goods to whom the notice was given

has satisfied the Collector as required by the notice, be taken to be

unable to determine the transaction value of the goods.

161J Value of goods to be in Australian currency

(1) Where an amount that is, in accordance with this Division, required

to be taken into account for the purpose of ascertaining a value of

any imported goods is an amount in a currency other than

Australian currency, the amount to be so taken into account shall

be the equivalent in Australian currency of that amount,

ascertained according to the ruling rate of exchange in relation to

that other currency in respect of the day of exportation of the

goods.

(2) For the purposes of this section, the Comptroller-General of

Customs may specify, by notice published in the Gazette:

(a) a rate that is to be deemed to be, or to have been, the ruling

rate of exchange, in relation to any currency, in respect of a

day, or of each day occurring during a period, preceding the

day of publication of the notice; or

(b) a rate that is to be deemed to be, or to have been, the ruling

rate of exchange, in relation to any currency, in respect of

each day occurring during a period commencing on the day

of publication of the notice, or on an earlier day specified in

the notice, and ending on the revocation of the notice;

after having regard:

(c) where the ruling rate of exchange is specified in respect of a

day—to commercial rates of exchange that prevailed on or

about that day;

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(d) where the ruling rate of exchange is specified in respect of a

period commencing before the day of publication of the

notice—to commercial rates of exchange that prevailed

during so much of that period as preceded the day of

publication of the notice; and

(e) where the ruling rate of exchange is specified in respect of

any other period—to commercial rates of exchange that last

prevailed before the publication of that notice.

(3) At any time, the ruling rate of exchange in relation to a particular

foreign currency, in respect of a particular day, shall be:

(a) if a rate of exchange has been specified at that time under

subsection (2) as the ruling rate of exchange, in relation to

that currency, in respect of that day, or in respect of a period

that includes that day—the rate so specified; and

(b) if a rate of exchange has not been so specified at that time—

such a rate of exchange as the Comptroller-General of

Customs determines to be the ruling rate of exchange, in

relation to that currency, in respect of that day, after having

regard to commercial rates of exchange prevailing on or

about that day and to such other matters as the

Comptroller-General of Customs considers relevant.

(4) In this section:

day of exportation, in relation to imported goods, means:

(a) where the goods were exported by post from the place of

export and a Collector is satisfied as to the day of posting—

that day;

(b) where the goods departed or were transported from their

place of export in any other way and a Collector is satisfied

as to the day of their departure or transportation—that day;

and

(c) in any other case—a day determined by the Collector.

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161K Owner to be advised of value of goods

(1) Where the Comptroller-General of Customs or a Collector has

determined the customs value of goods in accordance with this

Division, the Comptroller-General of Customs or the Collector

shall cause the value to be recorded on the entry in respect of them

or otherwise advise their owner of the amount.

(2) Where a Collector signifies, in a manner prescribed by the

regulations, his or her acceptance of an estimate of the value of the

goods, whether that estimate appears on the entry in respect of

those goods or in any other statement of information provided in

respect of those goods, the Collector shall, by so signifying, be

taken for the purposes of subsection (1) to have determined the

customs value of the goods and to have advised their owner of that

amount.

(3) If, within 28 days after being advised under subsection (1) of the

customs value of goods determined in accordance with this

Division, an owner of the goods requests a Collector, in writing, to

give the owner particulars of the valuation, the Collector shall,

within 28 days after the making of the request, give the owner a

notice in writing setting out:

(a) the method by which the customs value of the goods was

determined;

(b) the findings of material questions of fact relating to that

determination, the evidence or other material on which those

findings were based and the reasons for that determination;

and

(c) the calculations by which the determination of the value was

made and the information on which those calculations were

based.

(4) Nothing in this section requires, or permits, the giving of

information that:

(a) relates to the personal affairs or business affairs of a person,

other than the person making the request because of which

information was given; and

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(b) is information:

(i) that was supplied in confidence;

(ii) the publication of which would reveal a trade secret;

(iii) that was given in compliance with a duty imposed by an

enactment; or

(iv) the giving of which in accordance with the request

would be in contravention of an enactment, being an

enactment that expressly imposes on the person to

whom the information was given a duty not to divulge

or communicate to any person, or to any person other

than a person included in a prescribed class of persons,

or except in prescribed circumstances, information of

that kind.

(5) In this section, enactment has the same meaning as in the

Administrative Decisions (Judicial Review) Act 1977.

161L Review of determinations and other decisions

(1) At any time after the making of a determination or other decision

by an officer under this Division in relation to goods, the

Comptroller-General of Customs may review the determination or

other decision and may:

(a) affirm the determination or other decision;

(b) vary the determination or other decision; or

(c) revoke the determination or other decision and make any

other determination or decision that is required to be made

for the purpose of determining the customs value of the

goods in accordance with this Division.

(2) Where, by reason that the Comptroller-General of Customs, under

subsection (1), has varied or revoked a determination or other

decision of an officer or has made a determination or other

decision that is required to be made by reason of the revocation of

a determination or other decision of an officer:

(a) an amount of duty that was levied is less than the amount that

should have been levied; or

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Section 161L

564 Customs Act 1901

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(b) an amount of duty that was refunded is greater than the

amount that should have been refunded;

section 165 applies in relation to any demand by the

Comptroller-General of Customs for the payment of the amount of

duty that is unpaid or the amount of refund that was overpaid.

(3) In this section, officer means a Collector or a delegate of the

Comptroller-General of Customs.

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Section 162

Customs Act 1901 565

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 3—Payment and recovery of deposits, refunds,

unpaid duty etc.

162 Delivery of goods upon giving of security or undertaking for

payment of duty, GST and luxury car tax

(1) Where goods the property of a person included in a prescribed

class of persons are imported or a person imports goods included in

a prescribed class or goods intended for a prescribed purpose and

intends to export those goods, the Collector may grant to the

person importing the goods permission to take delivery of those

goods upon giving a security or an undertaking, to the satisfaction

of the Collector, for the payment of:

(a) the duty, if any, on those goods; and

(b) the assessed GST payable on the taxable importation, if any,

that is associated with the import of those goods; and

(c) if a taxable importation of a luxury car is associated with the

import of those goods—the assessed luxury car tax payable

on that taxable importation.

(2) The regulations may prescribe provisions to be complied with in

relation to goods in respect of which permission has been granted

under the last preceding subsection.

(2A) Without limiting the generality of subsection (2), regulations under

that subsection may provide that conditions, restrictions or

requirements specified in the permission granted under

subsection (1) in relation to goods are to be complied with in

relation to the goods.

(3) Where the Collector has granted permission to a person to take

delivery of goods upon giving a security or an undertaking referred

to in subsection (1), the duty (if any) is not payable if:

(a) the provisions of the regulations are complied with; and

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Section 162A

566 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) either:

(i) the goods are exported within a period of 12 months

after the date on which the goods were imported, or

within such further period as the Comptroller-General

of Customs, on the application of the person who

imported the goods, allows; or

(ii) one or more of the circumstances or conditions specified

in the regulations apply in relation to the goods;

and, if security was given by way of deposit of cash or of an

instrument transferable by delivery, the amount deposited or the

instrument shall be returned to the person by whom the security

was given.

Note: In these circumstances, GST and luxury car tax are not payable. See

section 171-5 of the GST Act and section 13-25 of the Luxury Car

Tax Act.

(4) If the circumstances described in paragraphs (3)(a) and (b) do not

exist in relation to the goods:

(a) the security may be enforced according to its tenor; or

(b) if an undertaking to pay the amount of the duty (if any), the

GST (if any) and the luxury car tax (if any) has been given,

that amount may be recovered at any time in a court of

competent jurisdiction by proceedings in the name of the

Collector.

162A Delivery of goods on the giving of a general security or

undertaking for payment of duty, GST and luxury car tax

(1) The regulations may provide that:

(a) goods of a specified class;

(b) goods imported by persons of a specified class;

(c) goods of a specified class imported by persons of a specified

class; or

(d) goods imported for a specified purpose;

may, in accordance with this section, be brought into Australia on a

temporary basis without payment of duty, GST or luxury car tax.

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Section 162A

Customs Act 1901 567

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(1A) Without limiting the generality of subsection (1), regulations under

that subsection may be regulations that apply to goods if:

(a) the goods are specified in an instrument authorised by the

regulations; and

(b) conditions, restrictions or requirements specified in that

instrument are complied with in respect of the goods.

(1B) Without limiting the generality of paragraph (1A)(b), conditions,

restrictions or requirements referred to in that paragraph that apply

to goods may specify, or relate to:

(a) the time during which the goods may remain in Australia; or

(b) the purposes for which the goods may be used while they are

in Australia.

(2) The Comptroller-General of Customs may accept a security given

by a person for the payment of, or an undertaking by a person to

pay, all of the following in relation to specified goods that are

described in regulations made for the purposes of subsection (1)

and that may be imported after a particular date or during a

particular period:

(a) the duty, if any, that may become payable on the goods;

(b) the assessed GST that may become payable on the taxable

importation, if any, that is associated with the import of the

goods;

(c) if a taxable importation of a luxury car is associated with the

import of the goods—the assessed luxury car tax that may

become payable on that taxable importation.

If the Comptroller-General of Customs accepts the security or

undertaking, a Collector may grant to a person who imports some

or all of the specified goods permission to take delivery of the

goods without payment of duty, GST or luxury car tax.

(2A) However, the Collector may grant permission to take delivery of

goods that:

(a) are covered by a security or undertaking described in

subsection (2); and

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568 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) are not accompanied by, and described in, temporary

admission papers issued in accordance with an agreement

between Australia and one or more other countries that

provides for the temporary importation of goods without

payment of duty;

only if the person importing the goods applies to the Collector for

the permission in accordance with section 162AA.

(3) Goods delivered under this section shall, for the purposes of this

Act, be deemed to be entered for home consumption on being so

delivered.

(4) The regulations may prohibit a person to whom goods are

delivered under this section from dealing with the goods in a

manner, or in a manner other than a manner, specified in the

regulations, or from so dealing with the goods except with the

consent of the Comptroller-General of Customs.

(5) Duty is not payable on goods delivered under this section unless:

(a) the goods have been dealt with in contravention of the

regulations; or

(b) the goods are not exported:

(i) within such period, not exceeding 12 months, after the

date on which the goods were imported as is notified to

the person who imported the goods by the Collector

when he or she grants permission to take delivery of the

goods; or

(ii) within such further period as the Comptroller-General

of Customs, on the application of the person who

imported the goods and of the person who gave the

security or undertaking with respect to the goods,

allows;

and none of the circumstances or conditions specified in the

regulations apply in relation to the goods.

Note: GST and luxury car tax are not payable if duty is not payable because

of subsection (5) (or would not be payable because of that subsection

if it were otherwise payable). See section 171-5 of the GST Act and

section 13-25 of the Luxury Car Tax Act.

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Section 162AA

Customs Act 1901 569

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(6) A Collector may give permission for goods delivered under this

section to be taken on board a ship or aircraft for export and, on

permission being so given, the goods shall, for the purposes of this

Act, be deemed to be entered for export.

(6A) However, the Collector may give permission to take aboard a ship

or aircraft for export goods that were delivered under this section

as a result of an application described in subsection (2A) only if the

person proposing to export the goods applies to the Collector for

the permission in accordance with section 162AA.

(7) Where security under this section is given by way of a payment of

money or a deposit of an instrument transferable by delivery, the

money shall not be repaid or the instrument shall not be returned,

as the case may be, until:

(a) no duty is, or may become, payable on goods to which the

security relates that have been imported; and

(b) no GST is, or may become, payable on the taxable

importation (as defined in the GST Act), if any, that is

associated with the import of the goods; and

(c) no luxury car tax is, or may become, payable on the taxable

importation of a luxury car (as defined the Luxury Car Tax

Act), if any, that is associated with the import of the goods.

(8) If the circumstances described in paragraph (5)(a) or (b) exist in

relation to the goods:

(a) a security relating to the goods may be enforced; and

(b) if an undertaking has been given to pay the amount of the

duty (if any), GST (if any) and luxury car tax (if any)

associated with the import of the goods—the amount may be

recovered at any time in a court of competent jurisdiction by

proceedings in the name of the Comptroller-General of

Customs.

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Division 3 Payment and recovery of deposits, refunds, unpaid duty etc.

Section 162AA

570 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

162AA Applications to deal with goods imported temporarily

without duty

(1) This section describes how to make an application that is:

(a) required by subsection 162A(2A) for a permission under

subsection 162A(2) to take delivery of goods; or

(b) required by subsection 162A(6A) for a permission under

subsection 162A(6) to take goods aboard a ship or aircraft for

export.

(2) An application may be communicated to the Collector by

document or computer.

(3) An application communicated by document must:

(a) be in an approved form; and

(b) include the information required by the approved form; and

(c) be signed in the way indicated by the approved form.

(4) An application communicated by computer must:

(a) be communicated by computer in the manner indicated in an

approved statement relating to the application; and

(b) include the information indicated in the approved statement;

and

(c) identify the applicant in the way indicated in the approved

statement.

162B Pallets used in international transport

(1) Where pallets are delivered under section 162A and it would be a

contravention of the Convention by the Commonwealth to collect

duty on the pallets, duty is not payable on the pallets.

(2) Where pallets are to be exported and it would be a contravention of

the Convention by the Commonwealth to require the goods to be

entered for export, the pallets may be exported without being

entered for export.

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Section 163

Customs Act 1901 571

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(3) This section is in addition to, and not in derogation of,

subsections 162A(5) and (6).

(4) In this section:

Convention means the European Convention on Customs

Treatment of Pallets used in International Transport signed in

Geneva on 9 December 1960, as affected by any amendment that

has come into force for Australia.

Note: The text of the Convention is set out in Australian Treaty Series 1969

No. 26.

163 Refunds etc. of duty

(1) Refunds, rebates and remissions of duty may be made:

(a) in respect of goods generally or in respect of the goods

included in a class of goods; and

(b) in such circumstances, and subject to such conditions and

restrictions (if any), as are prescribed, being circumstances,

and conditions and restrictions, that relate to goods generally

or to the goods included in the class of goods.

(1A) The regulations may prescribe the amount, or the means of

determining the amount, of any refund, rebate or remission of duty

that may be made for the purposes of subsection (1).

(1AA) Subject to subsection (1AD), the regulations may prescribe:

(a) the manner of making application, either by document or by

computer, for such refunds, rebates or remissions; and

(b) the procedure to be followed in dealing with such

applications, including procedures for requesting further

information in relation to issues raised in such applications.

(1AB) Regulations made for the purposes of subsection (1AA) that

provide for the making of an application for a refund, rebate or

remission of duty by computer must indicate when that application

is to be taken, for the purposes of this Act, to have been

communicated to the Department.

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Section 163

572 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(1AC) Regulations made for the purposes of subsection (1AA) that

provide for the making of applications for refund, rebate or

remission of duty by computer may include contingency

arrangements to deal with circumstances where the computer

system employed in relation to such applications is down.

(1AD) The regulations may identify circumstances where a person is

entitled to a refund, rebate or remission of duty:

(a) without making an application at all; or

(b) on making an application in respect of which a refund

application fee is not payable.

(1AE) For the avoidance of doubt, if, before or after the commencement

of this subsection, a person has:

(a) altered an electronic copy of an import entry or a

self-assessed clearance declaration as a step in making an

application for a refund or rebate of duty in respect of goods

covered by the entry or declaration; or

(b) altered an electronic copy of an import entry or a

self-assessed clearance declaration as such a step and paid the

application fee (if any) associated with the making of such an

application;

but the person did not or does not, within the time prescribed for

making that application, communicate the altered import entry or

altered self-assessed clearance declaration to the Department,

either manually or, after the commencement of this subsection, by

computer, the person’s actions in modifying that import entry or

self-assessed clearance declaration and paying any such application

fee are of no effect.

(2) For the purposes of this section and of any regulations made for the

purposes of this section, duty, in relation to goods that have been,

or are proposed to be, imported into Australia under Schedule 3 to

the Tariff includes an amount paid to a collector on account of the

duty that will become payable on those goods.

(3) For the purposes of this section and of any regulations made for the

purposes of this section, the amount of duty in respect of which a

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Section 164B

Customs Act 1901 573

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

person may seek a refund, rebate or remission of duty on goods

that are imported into Australia under item 41E of Schedule 4 to

the Tariff is to be taken to be the sum of:

(a) the amount of money (if any) paid as customs duty on the

importation of those goods; and

(b) to the extent that duty credit issued under the former ACIS

Administration Act 1999 has been offset against customs duty

that would otherwise have been payable in respect of those

goods—the amount of customs duty offset by the use of the

credit.

164B Refunds of export duty

Whenever goods in respect of which an export duty of Customs

has been paid are re-imported or brought back to Australia, the

Comptroller-General of Customs may direct the refund of so much

of the duty paid on those goods as he or she considers to be

justified in the circumstances.

165 Recovery of unpaid duty etc.

(1) An amount of duty that is due and payable in respect of goods:

(a) is a debt due to the Commonwealth; and

(b) is payable by the owner of the goods.

(2) An amount of drawback, refund or rebate of duty that is overpaid

to a person:

(a) is a debt due to the Commonwealth; and

(b) is payable by the person.

Demand for payment

(3) The Comptroller-General of Customs may make, in writing, a

demand for payment of an amount that is a debt due to the

Commonwealth under subsection (1) or (2).

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Section 165A

574 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(4) A demand, under subsection (3), for payment of an amount must

specify the amount and include an explanation of how it has been

calculated.

(5) A demand, under subsection (3), for payment of an amount must

be made within 4 years from:

(a) if the amount is a debt due to the Commonwealth under

subsection (1)—the time the amount was to be paid by under

this Act; or

(b) if the amount is a debt due to the Commonwealth under

subsection (2)—the time the amount was paid;

unless the Comptroller-General of Customs is satisfied that the

debt arose as the result of fraud or evasion.

Recovery in court

(6) An amount that is a debt due to the Commonwealth under

subsection (1) or (2) may be sued for and recovered in a court of

competent jurisdiction by proceedings in the name of the Collector

if:

(a) the Comptroller-General of Customs has made a demand for

payment of the amount in accordance with this section; or

(b) the Comptroller-General of Customs is satisfied that the debt

arose as the result of fraud or evasion.

165A Refunds etc. may be applied against unpaid duty

(1) If:

(a) an amount of duty is payable by a person in respect of goods

that have been delivered into home consumption; and

(b) the person would be entitled to an amount of drawback,

refund or rebate of duty in respect of the goods if the amount

of duty payable were paid;

then:

(c) the Comptroller-General of Customs may apply the amount

of the drawback, refund or rebate against the amount of duty

payable; and

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Section 166

Customs Act 1901 575

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(d) the person is taken to have paid, in respect of the goods, an

amount of duty equal to the amount of drawback, refund or

rebate applied; and

(e) the amount of drawback, refund or rebate applied is taken to

have been paid to the person.

(2) If the Comptroller-General of Customs applies an amount of

drawback, refund or rebate against an amount of duty payable, the

Comptroller-General of Customs must give the person who would

have been entitled to receive the amount of drawback, refund or

rebate written notice of:

(a) the amount of drawback, refund or rebate applied; and

(b) if the amount of drawback, refund or rebate applied is less

than the amount of duty payable—the amount of duty that is

still payable by the person.

166 No refund if duty altered

If any practice of the Comptroller-General of Customs relating to

classifying or enumerating any article for duty shall be altered so

that less duty is charged upon such article, no person shall thereby

become entitled to any refund on account of any duty paid before

such alteration.

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Part VIII The duties

Division 4 Disputes as to duty

Section 167

576 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 4—Disputes as to duty

167 Payments under protest

(1) If any dispute arises as to the amount or rate of duty payable in

respect of any goods, or as to the liability of any goods to duty,

under any Customs Tariff, or under any Customs Tariff or Customs

Tariff alteration proposed in the Parliament (not being duty

imposed under the Customs Tariff (Anti-Dumping) Act 1975), the

owner of the goods may pay under protest the sum demanded by

the Collector as the duty payable in respect of the goods, and

thereupon the sum so paid shall, as against the owner of the goods,

be deemed to be the proper duty payable in respect of the goods,

unless the contrary is determined in an action brought in pursuance

of this section.

(2) The owner may, within the times limited in this section, bring an

action against the Collector, in any Commonwealth or State Court

of competent jurisdiction, for the recovery of the whole or any part

of the sum so paid.

(3) For the purposes of this section, a payment is taken to be made

under protest if, and only if:

(a) the owner of the goods or the agent of the owner gives the

Collector notice in accordance with subsection (3A), by

document or electronically, that the payment is made under

protest; and

(b) the Collector receives the notice no later than 7 days after the

day the payment is made.

(3A) A notice given by an owner or agent under subsection (3) must:

(a) contain the words paid under protest; and

(b) identify the import declaration that covers the goods to which

the protest relates; and

(c) if the protest does not relate to all the goods covered by the

import declaration—describe the goods to which the protest

relates; and

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Section 167

Customs Act 1901 577

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(d) include a statement of the grounds on which the protest is

made; and

(e) be signed by the owner or the agent of the owner.

(4) No action shall lie for the recovery of any sum paid to the

Commonwealth as the duty payable in respect of any goods, unless

the payment is made under protest in pursuance of this section and

the action is commenced within the following times:

(a) In case the sum is paid as the duty payable under any

Customs Tariff, within 6 months after the date of the

payment; or

(b) In case the sum is paid as the duty payable under a Customs

Tariff or Customs Tariff alteration proposed in the

Parliament, within 6 months after the Act, by which the

Customs Tariff or Customs Tariff alteration proposed in the

Parliament is made law, is assented to.

(5) Nothing in this section shall affect any rights or powers under

section 163.

(6) In this section:

import declaration includes an import entry, within the meaning of

the unamended Customs Act, that was made under that Act.

unamended Customs Act has the meaning given by section 4 of

the Customs Legislation Amendment (Application of International

Trade Modernisation and Other Measures) Act 2004.

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Part IX Drawbacks

Section 168

578 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Part IX—Drawbacks

168 Drawbacks of import duty

(1) The regulations may make provision for and in relation to allowing

drawbacks of duty paid on goods imported into Australia.

(2) For the purposes of this section and of any regulations made for the

purposes of this section, the amount of duty paid on goods that are

imported into Australia under item 41E of Schedule 4 to the Tariff

is to be taken to be the sum of:

(a) the amount of money (if any) paid as customs duty on the

importation of those goods; and

(b) to the extent that duty credit issued under the former ACIS

Administration Act 1999 has been offset against customs duty

that would otherwise have been payable in respect of those

goods—the amount of customs duty offset by the use of the

credit.

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The coasting trade Part X

Section 175

Customs Act 1901 579

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Part X—The coasting trade

175 Goods not to be transferred between certain vessels

(1) In this section:

Australian aircraft has the same meaning as in the Civil Aviation

Act 1988.

coastal aircraft means an aircraft that is not currently engaged in

making:

(a) an international flight; or

(b) a prescribed flight.

coastal ship means a ship that is not currently engaged in making:

(a) an international voyage; or

(b) a prescribed voyage.

international flight and international voyage have the same

respective meanings as they have in Part VII.

prescribed flight in relation to an aircraft, means a flight in the

course of which the aircraft takes off from a place outside Australia

and lands at a place outside Australia and does not land at a place

in Australia.

prescribed voyage, in relation to a ship, means a voyage in the

course of which the ship:

(a) travels between places outside Australia; or

(b) travels from a place outside Australia and returns to that

place;

and does not call at a place in Australia.

(2) The owner or master of a coastal ship must not allow any goods to

be transferred between the coastal ship and:

(a) a ship that is engaged in making an international voyage or a

prescribed voyage; or

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Section 175

580 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) an aircraft that is engaged in making an international flight or

a prescribed flight.

Penalty: 250 penalty units.

(2A) Subsection (2) applies to a coastal ship that is an Australian ship if

the ship is anywhere outside the territorial sea of a foreign country.

(3) The owner or pilot of a coastal aircraft must not allow any goods to

be transferred between the coastal aircraft and:

(a) an aircraft that is engaged in making an international flight or

a prescribed flight; or

(b) a ship that is engaged in making an international voyage or a

prescribed voyage.

Penalty: 250 penalty units.

(3AA) Subsection (3) applies to a ship that is an Australian ship if the ship

is anywhere outside the territorial sea of a foreign country.

(3A) A person who is:

(a) the owner or master of an Australian ship that is currently

engaged in making an international voyage or a prescribed

voyage; or

(b) the owner or pilot of an Australian aircraft that is currently

engaged in making an international flight or prescribed flight;

must not allow any goods to be transferred between that ship or

aircraft and:

(c) a coastal ship; or

(d) a coastal aircraft.

Penalty: 250 penalty units.

(3AAA) Subsection (3A) applies to an Australian ship described in

paragraph (3A)(a) if the ship is anywhere outside the territorial sea

of a foreign country.

(3B) A person who is:

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The coasting trade Part X

Section 175

Customs Act 1901 581

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) the owner or master of a ship (other than an Australian ship)

that is currently engaged in making an international voyage

or a prescribed voyage; or

(b) the owner or pilot of an aircraft (other than an Australian

aircraft) that is currently engaged in making an international

flight or a prescribed flight;

must not allow any goods to be transferred between that ship or

aircraft and a coastal ship or coastal aircraft if the transfer takes

place in, or in the airspace above (as the case may be), the waters

of the sea within:

(c) the outer limits of the territorial sea of Australia, including

such waters within the limits of a State or an internal

Territory; or

(d) 500 metres of an Australian resources installation or an

Australian sea installation.

Penalty: 250 penalty units.

(3BA) For the purposes of subsections (2), (3), (3A) and (3B), strict

liability applies to such of the following physical elements of

circumstance as are relevant to the offence:

(a) that an aircraft is engaged in making an international flight or

a prescribed flight; or

(b) that a ship is engaged in making an international voyage or a

prescribed voyage.

(3C) Subsection (2), (3), (3A) or (3B) does not apply if a Collector has

given permission (for the transfer of the goods) to:

(a) in the case of subsection (2)—the owner or master of the

coastal ship referred to in that subsection; and

(b) in the case of subsection (3)—the owner or pilot of the

coastal aircraft referred to in that subsection; and

(c) in the case of subsection (3A) or (3B)—the owner or master

of the coastal ship referred to in that subsection or the owner

or pilot of the coastal aircraft referred to in that subsection (as

the case requires).

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Part X The coasting trade

Section 175

582 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(3D) A permission under subsection (3C) may only be given on

application under subsection (3E).

(3E) The owner or master of a coastal ship, or the owner or pilot of a

coastal aircraft, may apply for a permission under subsection (3C).

(3F) An application under subsection (3E) must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain such information as the form requires; and

(d) be signed in the manner indicated in the form.

(3G) The Comptroller-General of Customs may approve different forms

for applications to be made under subsection (3E) in different

circumstances, by different kinds of owners or masters of coastal

ships or owners or pilots of coastal aircraft or in respect of different

kinds of coastal ships or coastal aircraft.

(4) A Collector may, when giving permission under subsection (3C) or

at any time while the permission is in force, impose conditions in

respect of the permission, being conditions that, in the opinion of

the Collector, are necessary for the protection of the revenue or for

the purpose of ensuring compliance with the Customs Acts, and

may, at any time, revoke, suspend, or vary, or cancel a suspension

of, a condition so imposed.

(5) A condition imposed in respect of a permission or a revocation,

suspension, or variation, or a cancellation of a suspension, of such

a condition takes effect when a notice, in writing, of the condition

or of the revocation, suspension or variation, or of the cancellation

of the suspension, is served on the person to whom the permission

has been given or at such later time (if any) as is specified in the

notice.

(6) The Collector may revoke a permission given under this section in

relation to goods at any time before the goods are transferred.

(7) If, in relation to the transfer of any goods, a person required to

comply with a condition imposed in respect of a permission fails to

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The coasting trade Part X

Section 175

Customs Act 1901 583

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

comply with the condition, he or she commits an offence against

this Act punishable upon conviction by a penalty not exceeding

100 penalty units.

(8) Subsection (7) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(9) Subsection (2), (3), (3A) or (3B) does not apply to allowing a

transfer of goods for the purpose of securing the safety of a ship or

an aircraft or saving life.

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Part XA Australian Trusted Trader Programme

Division 1 Preliminary

Section 176

584 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Part XA—Australian Trusted Trader Programme

Division 1—Preliminary

176 Establishment of the Australian Trusted Trader Programme

(1) The Comptroller-General of Customs may, in accordance with this

Part, establish a programme to provide trade facilitation benefits to

entities.

(2) The programme is to be known as the Australian Trusted Trader

Programme.

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Australian Trusted Trader Programme Part XA

Trusted trader agreement Division 2

Section 176A

Customs Act 1901 585

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 2—Trusted trader agreement

Subdivision A—Entry into trusted trader agreement

176A Trusted trader agreement may be entered into

(1) The Comptroller-General of Customs may enter into an agreement

(a trusted trader agreement) with an entity if:

(a) the entity nominates itself to participate in the Australian

Trusted Trader Programme; and

(b) the Comptroller-General of Customs is satisfied that the

entity satisfies the qualification criteria set out in the rules.

(2) In deciding whether to enter into a trusted trader agreement, the

Comptroller-General of Customs must consider:

(a) any matter set out in the rules; and

(b) any other matter that he or she considers relevant.

(3) If the Comptroller-General of Customs enters into a trusted trader

agreement with an entity, the Comptroller-General of Customs

may do either or both of the following:

(a) specify in the agreement one or more of the obligations

covered by subparagraph 179(1)(d)(i);

(b) specify in the agreement:

(i) one or more of the obligations covered by

subparagraph 179(1)(d)(ii); and

(ii) for each such obligation—the way in which the entity

may satisfy the obligation.

Note 1: The effect of specifying an obligation under paragraph (3)(a) is that

the entity will be released from the obligation under Part IV or VI: see

sections 49C and 107.

Note 2: The effect of specifying an obligation under paragraph (3)(b) is that

the entity will be able to satisfy the obligation under Part IV or VI in

the way specified in the agreement: see sections 49C and 107.

Note 3: Parts IV and VI are about the importation and exportation of goods.

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Part XA Australian Trusted Trader Programme

Division 2 Trusted trader agreement

Section 176B

586 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(4) The entity may receive benefits of a kind that are covered by

paragraph 179(1)(e) and are specified in the agreement.

176B Nomination process

(1) A nomination to participate in the Australian Trusted Trader

Programme may be made by an entity by document or

electronically.

(2) A documentary nomination must:

(a) be communicated to the Comptroller-General of Customs;

and

(b) be in an approved form; and

(c) contain the information required by the approved form; and

(d) be signed in a manner indicated by the approved form.

(3) An electronic nomination must communicate such information as

is set out in an approved statement.

Subdivision C—General provisions relating to trusted trader

agreements

178 Terms and conditions of trusted trader agreements

A trusted trader agreement may be subject to:

(a) conditions prescribed by the rules; and

(b) terms and conditions specified in the agreement.

178A Variation, suspension or termination of trusted trader

agreements

(1) The Comptroller-General of Customs may vary, suspend or

terminate a trusted trader agreement if the Comptroller-General of

Customs reasonably believes that the entity to which the agreement

relates has not complied, or is not complying, with:

(a) any condition prescribed by the rules; or

(b) any term or condition specified in the agreement.

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Australian Trusted Trader Programme Part XA

Trusted trader agreement Division 2

Section 178A

Customs Act 1901 587

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(2) In deciding whether to vary, suspend or terminate a trusted trader

agreement, the Comptroller-General of Customs must consider:

(a) any matter set out in the rules; and

(b) any other matter that he or she considers relevant.

(3) If subsection (1) applies, the trusted trader agreement must be

varied, suspended or terminated in accordance with the procedure

prescribed by the rules.

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Part XA Australian Trusted Trader Programme

Division 3 Register of Trusted Trader Agreements

Section 178B

588 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 3—Register of Trusted Trader Agreements

178B Register of Trusted Trader Agreements

(1) The Comptroller-General of Customs may maintain a register, to

be known as the Register of Trusted Trader Agreements,

containing information of a kind prescribed by the rules in relation

to each trusted trader agreement entered into under this Part.

(2) The Register of Trusted Trader Agreements is to be made publicly

available.

(3) The Register of Trusted Trader Agreements is not a legislative

instrument.

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Australian Trusted Trader Programme Part XA

Rules Division 4

Section 179

Customs Act 1901 589

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 4—Rules

179 Rules

(1) The Comptroller-General of Customs may, by legislative

instrument, prescribe rules for and in relation to the following:

(a) the qualification criteria that an entity must satisfy in order

for a trusted trader agreement to be entered into with the

entity under section 176A;

(b) the matters that the Comptroller-General of Customs must

consider when deciding whether to enter into a trusted trader

agreement under section 176A;

(c) the conditions on which an entity participates in the

Australian Trusted Trader Programme;

(d) the kind of obligation:

(i) that an entity may be released from under Part IV (other

than Division 1) or Part VI (other than Division 1); or

(ii) that an entity may be required to satisfy under Part IV

(other than Division 1) or Part VI (other than

Division 1) in a way other than required by the relevant

Part;

(e) the kind of benefits that an entity may receive under a trusted

trader agreement;

(f) any criteria to be satisfied for an entity to receive benefits of

a kind mentioned in paragraph (e);

(g) any other conditions to which a trusted trader agreement may

be subject;

(h) the procedures that the Comptroller-General of Customs

must follow when varying, suspending or terminating a

trusted trader agreement under section 178A;

(i) the matters that the Comptroller-General of Customs must

consider when deciding whether to vary, suspend or

terminate a trusted trader agreement under section 178A;

(j) the kinds of information that may be published on the

Register of Trusted Trader Agreements, including:

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Part XA Australian Trusted Trader Programme

Division 4 Rules

Section 179

590 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(i) that an entity has entered into a trusted trader

agreement; and

(iii) the kinds of benefits that the entity is receiving, or will

receive, under the agreement; and

(iv) whether the agreement is in force; and

(v) whether the agreement is or has been suspended; and

(vi) whether the agreement has been terminated.

(2) For the purpose of paragraph (1)(d):

(a) a rule prescribed for the purposes of subparagraph (1)(d)(i)

must specify that the obligation is one from which an entity

may be released; and

(b) a rule prescribed for the purposes of subparagraph (1)(d)(ii)

must specify that the obligation is one that may be satisfied

by an entity in a way other than required by Part IV (other

than Division 1) or Part VI (other than Division 1).

(3) The Comptroller-General of Customs may, by legislative

instrument, also make rules prescribing matters:

(a) required or permitted by this Part to be prescribed by the

rules; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Part.

(4) To avoid doubt, rules made under this section may not do the

following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

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Agents and customs brokers Part XI

Preliminary Division 1

Section 180

Customs Act 1901 591

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Part XI—Agents and customs brokers

Division 1—Preliminary

180 Interpretation

In this Part, unless the contrary intention appears:

broker’s licence means a licence to act as a customs broker granted

under section 183C (including such a licence renewed under

section 183CJ).

Committee means the National Customs Brokers Licensing

Advisory Committee continued in existence by

subsection 183D(1).

corporate customs broker means a customs broker that is a

company or a partnership.

customs broker means a person who holds a broker’s licence that

is in force, and in relation to a place, means a person who holds a

broker’s licence to act as a customs broker at the place.

customs broker licence application charge means the customs

broker licence application charge imposed by the Customs

Licensing Charges Act 1997 and payable as set out in

section 183CA.

customs broker licence charge means the customs broker licence

charge imposed by the Customs Licensing Charges Act 1997 and

payable as set out in section 183CJA.

nominee, in relation to a customs broker, means another customs

broker whose name is endorsed on the broker’s licence held by the

first-mentioned customs broker as a nominee of the first-mentioned

customs broker.

person means a natural person, a company or a partnership.

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Part XI Agents and customs brokers

Division 1 Preliminary

Section 180

592 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

prescribed offence means:

(a) an offence against this Act; or

(b) an offence punishable under a law of the Commonwealth

(other than this Act), or by a law of a State or of a Territory,

by imprisonment for one year or longer.

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Agents and customs brokers Part XI

Rights and liabilities of agents Division 2

Section 181

Customs Act 1901 593

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 2—Rights and liabilities of agents

181 Authorised agents

(1) Subject to subsection (2), an owner of goods may, in writing,

authorize a person to be his or her agent for the purposes of the

Customs Acts at a place or places specified by the owner.

(2) Where the Comptroller-General of Customs, by notice published in

the Gazette, declares that a place specified in the notice is a place

to which this subsection applies, an owner of goods shall not

authorize a person to be his or her agent for the purposes of the

Customs Acts at that place unless that person is:

(a) a natural person who is an employee of the owner and is not

an employee of any other person; or

(b) a customs broker at that place.

(3) Where an owner of goods authorizes a person to be his or her agent

for the purposes of the Customs Acts at a place, the owner may

comply with the provisions of, or requirements under, the Customs

Acts at that place by:

(a) except where the agent is a corporate customs broker—that

agent; or

(b) where the agent is a customs broker—a nominee of that agent

who is a customs broker at that place.

(4) A person, other than the owner of goods or a person who, in

accordance with this section, may comply with the provisions of,

or requirements under, the Customs Acts on behalf of the owner in

relation to those goods, shall not:

(a) do any act or thing in relation to the goods that is required or

permitted to be done by the owner of the goods under the

Customs Acts; or

(b) represent that he or she is able to do, or able to arrange to be

done, any act or thing in relation to the goods that is required

or permitted to be done by the owner under the Customs

Acts.

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Part XI Agents and customs brokers

Division 2 Rights and liabilities of agents

Section 182

594 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(4A) Subsection (2) does not apply to the making of an export entry.

(5) A person who contravenes subsection (4) commits an offence

punishable upon conviction by a penalty not exceeding 30 penalty

units.

(6) Subsection (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

182 Authority to be produced

(1) Where a person claims to be the agent of an owner of goods for the

purposes of the Customs Acts at a place, an officer may require

that person to produce written authority from the owner

authorizing that person to be such an agent and, if that written

authority is not produced, the officer may refuse to recognize the

authority of that person to act on behalf of the owner at that place.

(2) Where a nominee of a customs broker claims that that customs

broker is the agent of an owner of goods for the purposes of the

Customs Acts at a place, an officer may require the nominee to

produce a copy of the written authority from the owner of the

goods authorizing the customs broker to be such an agent and, if

that written authority is not produced, the officer may refuse to

recognize the authority of the nominee to act on behalf of the

owner at that place.

183 Agents personally liable

(1) Where a person is, holds himself or herself out to be or acts as if he

or she were the agent of an owner of goods for the purposes of the

Customs Acts, that person shall, for the purposes of the Customs

Acts (including liability to penalty), be deemed to be the owner of

those goods.

(2) Where a customs broker is the agent of an owner of goods for the

purposes of the Customs Acts and a person who is, holds himself

or herself out to be or acts as if he or she were a nominee of that

customs broker acts in relation to those goods, that person shall, for

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Agents and customs brokers Part XI

Rights and liabilities of agents Division 2

Section 183A

Customs Act 1901 595

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

the purposes of those Acts, (including liability to penalty), be

deemed to be the owner of those goods.

(3) Any act done, or representation made, by a nominee of a customs

broker for the purposes of the Customs Acts shall be deemed to be

an act done or, a representation made, by that customs broker.

(4) Nothing in this section shall be taken to relieve any owner from

liability.

183A Principal liable for agents acting

(1) Where an agent of, or a nominee of a customs broker that is an

agent of, an owner of goods makes a declaration for the purposes

of this Act in relation to those goods, that declaration shall, for the

purposes of this Act (including the prosecution of an offence

against this Act), be deemed to be made with the knowledge and

consent of the owner.

(2) Notwithstanding any other provision of this Act, a person who is

convicted of an offence by reason of the operation of

subsection (1) shall not be subject to a penalty of imprisonment.

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Part XI Agents and customs brokers

Division 3 Licensing of customs brokers

Section 183B

596 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 3—Licensing of customs brokers

183B Interpretation

(1) In this Division, unless the contrary intention appears, application

means an application under section 183CA.

(2) For the purposes of this Division, a person shall be taken to

participate in the work of a customs broker if:

(a) he or she has authority as a nominee of, or as an agent,

officer or employee of, the customs broker, to do any act or

thing for the purposes of the Customs Acts on behalf of an

owner of goods; or

(b) he or she has authority to direct a person who has authority

referred to in paragraph (a) in the exercise of that authority.

183C Grant of licence

(1) Subject to this Part, the Comptroller-General of Customs may grant

a person a licence in writing, to be known as a broker’s licence, to

act as a customs broker at a place or places specified in the licence.

(2) A broker’s licence granted to a corporate customs broker shall not

specify a place as a place at which the corporate customs broker

may act as a customs broker unless the licence specifies as a

nominee of the corporate customs broker a customs broker at that

place who, in accordance with section 183CD, is eligible to be its

nominee.

183CA Application for licence

(1) An application for a broker’s licence shall:

(a) be in writing; and

(b) specify the place or places at which the applicant proposes to

act as a customs broker; and

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Agents and customs brokers Part XI

Licensing of customs brokers Division 3

Section 183CB

Customs Act 1901 597

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(c) where the application is made by a company or a

partnership—specify the person or each person who, if the

licence is granted, is to be its nominee; and

(ca) where the application is made by a natural person—specify

the person or each person (if any) who, if the licence is

granted, is to be a nominee of the applicant; and

(d) set out the name and address of each person whom the

Comptroller-General of Customs is required to consider for

the purposes of subparagraph 183CC(1)(a)(i) or

paragraph 183CC(1)(b) or (c); and

(e) set out such particulars of the persons and matters that the

Comptroller-General of Customs is required to consider for

the purposes of subparagraph 183CC(1)(a)(ii) and

section 183CD as will enable him or her adequately to

consider those matters; and

(f) contain such other information as is prescribed; and

(g) be accompanied by the customs broker licence application

charge.

(2) Where a person makes an application, he or she shall not propose a

person as his or her nominee at a place unless, at the time the

application is made, that person is eligible, or intends to take all

necessary action to ensure that, if a broker’s licence is granted to

the applicant, he or she will be eligible, to be a nominee of the

applicant at that place.

(3) A person shall not be proposed under paragraph (1)(c) unless he or

she has consented, in writing, to the proposal.

183CB Reference of application to Committee

(1) Where the Comptroller-General of Customs receives an

application, he or she shall refer the application to the Committee

for a report relating to the application and shall not grant, or refuse

to grant, a broker’s licence to the applicant unless he or she has

received and considered the report.

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Part XI Agents and customs brokers

Division 3 Licensing of customs brokers

Section 183CC

598 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(2) Where the Comptroller-General of Customs refers an application to

the Committee under subsection (1), the Committee shall

investigate the matters that the Comptroller-General of Customs is

required to consider in relation to the application and, after its

investigation, report to the Comptroller-General of Customs on

those matters.

183CC Requirements for grant of licence

(1) Where an application is made, the Comptroller-General of

Customs shall not grant a broker’s licence if, in his or her opinion:

(a) where the application is made by a natural person:

(i) the applicant is not a fit and proper person; or

(ii) the applicant is not qualified to be a customs broker; or

(iii) an employee of the applicant who would participate in

the work of the applicant if he or she were a customs

broker is not a fit and proper person; or

(b) where the application is made by a company:

(i) a director of the company who would participate in the

work of the company if it were a customs broker is not a

fit and proper person; or

(ii) an officer or employee of the company who would

participate in the work of the company if it were a

customs broker is not a fit and proper person; or

(iii) the company is not a fit and proper company to hold a

broker’s licence; or

(c) where the application is made by a partnership:

(i) a partner in the partnership is not a fit and proper

person; or

(ii) an employee of the partnership who would participate in

the work of the partnership if it were a customs broker

is not a fit and proper person.

(2) For the purposes of subsection (1), an applicant shall be taken to be

qualified to be a customs broker if, and only if:

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Agents and customs brokers Part XI

Licensing of customs brokers Division 3

Section 183CC

Customs Act 1901 599

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) except where the applicant has been exempted under

subsection (3), the applicant has completed a course of study

or instruction approved under subsection (5); and

(b) the applicant has acquired experience that, in the opinion of

the Comptroller-General of Customs, fits the applicant to be

a customs broker.

(3) The Comptroller-General of Customs may, by writing signed by

him or her, exempt an applicant from the requirements of

paragraph (2)(a) where, having regard to the experience or training

of the applicant, he or she considers that it is appropriate to do so.

(4) The Comptroller-General of Customs shall, in determining whether

a person is a fit and proper person for the purposes of

subsection (1), have regard to:

(a) any conviction of the person for a prescribed offence

committed within the 10 years immediately preceding the

making of the application; and

(aa) whether the person has been refused a transport security

identification card, or has had such a card suspended or

cancelled, within the 10 years immediately preceding the

making of the application; and

(b) whether the person is an undischarged bankrupt; and

(c) any misleading statement made in the application by or in

relation to the person; and

(d) where any statement by the person in the application was

false—whether the person knew that the statement was false.

(4A) The Comptroller-General of Customs shall, in determining whether

a company is a fit and proper company to hold a broker’s licence

for the purposes of subparagraph (1)(b)(iii), have regard to:

(a) any conviction of the company for an offence against this Act

committed within the 10 years immediately preceding the

making of the application and at a time when a person who is

a director, officer or shareholder of the company was a

director, officer or shareholder of the company;

(b) any conviction of the company for an offence under a law of

the Commonwealth, of a State or of a Territory that is

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Part XI Agents and customs brokers

Division 3 Licensing of customs brokers

Section 183CD

600 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

punishable by a fine of $5,000 or more, being an offence

committed within the 10 years immediately preceding the

making of the application and at a time when a person who is

a director, officer or shareholder of the company was a

director, officer or shareholder of the company;

(c) whether a receiver of the property, or part of the property, of

the company has been appointed;

(ca) whether the company is under administration within the

meaning of the Corporations Act 2001;

(cb) whether the company has executed under Part 5.3A of that

Act a deed of company arrangement that has not yet

terminated;

(e) whether the company is being wound up.

(5) The Comptroller-General of Customs may, after obtaining and

considering the advice of the Committee, approve, in writing, a

course or courses of study or instruction that fits or fit a person to

be a customs broker.

183CD Eligibility to be nominee

A person is eligible to be the nominee of a customs broker if, and

only if:

(a) he or she is a natural person; and

(b) he or she is a customs broker; and

(c) he or she does not act as a customs broker in his or her own

right; and

(d) where the first-mentioned customs broker is a company—he

or she is a director or an employee of the company; and

(e) where the first-mentioned customs broker is a partnership—

he or she is a member or an employee of the partnership; and

(g) he or she is not authorized to be an agent in accordance with

subsection 181(1); and

(h) he or she is a customs broker at a place at which the

first-mentioned customs broker is a customs broker.

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Agents and customs brokers Part XI

Licensing of customs brokers Division 3

Section 183CE

Customs Act 1901 601

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

183CE Original endorsement on licence

(1) Where the Comptroller-General of Customs grants a broker’s

licence, he or she shall:

(a) endorse on the licence the name of the place or of each place

at which the holder of the licence may act as a customs

broker; and

(b) endorse on the licence the name of each customs broker who

is a nominee of the licensee and opposite to each such name

the name of the place or of each place at which he or she acts

as a customs broker.

(2) The Comptroller-General of Customs shall not, in pursuance of

subsection (1), endorse a licence so as to show a person as a

nominee of a customs broker at a place if that person is not eligible

to be a nominee of that customs broker at that place.

183CF Variation of licences

(1) Subject to subsection (3), the Comptroller-General of Customs

may, upon application in writing by a customs broker and the

production of the broker’s licence, vary the endorsements on the

licence so that a place is specified, or ceases to be specified, in the

licence as a place at which the holder of the licence may act as a

customs broker.

(2) Subject to subsection (3), the Comptroller-General of Customs

may, upon application in writing by a customs broker and the

production of its broker’s licence, vary the endorsements on the

licence so that a person is specified, or ceases to be specified, in

the licence as a nominee of the customs broker.

(3) The Comptroller-General of Customs shall not vary the

endorsements on a licence so that the licence ceases to comply

with subsection 183C(2).

(4) A person shall not be endorsed under subsection (2) as a nominee

of a customs broker unless he or she has consented, in writing, to

the endorsement.

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Part XI Agents and customs brokers

Division 3 Licensing of customs brokers

Section 183CG

602 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

183CG Licence granted subject to conditions

(1) A broker’s licence is subject to the condition that if:

(a) the holder of the licence is convicted of a prescribed offence;

or

(b) in the case of a licence held by a natural person—the holder

of the licence:

(i) becomes bankrupt; or

(ii) has been refused a transport security identification card,

or has had such a card suspended or cancelled, after the

licence was granted or last renewed, or within the 10

years immediately preceding that grant or renewal; or

(c) in the case of a licence held by a company:

(i) a receiver of the property, or part of the property, of the

company is appointed; or

(ii) an administrator of the company is appointed under

section 436A, 436B or 436C of the Corporations Act

2001; or

(iii) the company executes a deed of company arrangement

under Part 5.3A of that Act; or

(iv) the company begins to be wound up;

the holder of the licence shall, within 30 days after the occurrence

of the event referred to in paragraph (a), (b) or (c), give the

Comptroller-General of Customs particulars in writing of that

event.

(2) A broker’s licence held by a natural person is subject to the

condition that the holder of the licence shall not act as a customs

broker in his or her own right at any time at which he or she is a

nominee of a customs broker.

(3) A broker’s licence held by a customs broker is subject to the

condition that if:

(a) a person not described in the application for the licence as

participating in the work of the customs broker commences

so to participate; or

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Section 183CG

Customs Act 1901 603

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) a nominee of the customs broker dies or ceases to act as

nominee of the customs broker; or

(c) a person who participates in the work of the customs broker:

(i) is convicted of a prescribed offence; or

(ii) becomes bankrupt; or

(iii) has been refused a transport security identification card,

or has had such a card suspended or cancelled, after the

licence was granted or last renewed, or within the 10

years immediately preceding that grant or renewal; or

(d) in the case of a licence held by a partnership:

(i) a member of the partnership is convicted of a prescribed

offence or becomes bankrupt; or

(ia) a member of the partnership has been refused a

transport security identification card, or has had such a

card suspended or cancelled, after the licence was

granted or last renewed, or within the 10 years

immediately preceding that grant or renewal; or

(ii) there is a change in the membership of the partnership;

the holder of the licence shall, within 30 days after the occurrence

of the event referred to in whichever of the preceding paragraphs

applies, give the Comptroller-General of Customs particulars in

writing of that event.

(4) A broker’s licence held by a customs broker is subject to the

condition that the broker shall do all things necessary to ensure

that:

(a) all persons who participate in the work of the customs broker

are fit and proper persons; and

(b) in the case of a licence held by a partnership—all members of

the partnership are fit and proper persons.

(5) A broker’s licence is subject to such other conditions (if any) as are

prescribed.

(6) A broker’s licence is subject to such other conditions (if any) as are

specified in the licence, being conditions considered by the

Comptroller-General of Customs to be necessary or desirable:

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Section 183CGA

604 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(a) for the protection of the revenue; or

(b) for the purpose of ensuring compliance with the Customs

Acts; or

(c) for any other purpose.

(7) The Comptroller-General of Customs may, upon application in

writing by a customs broker and the production of the licence held

by the customs broker, vary the conditions specified in the licence

by making an alteration to, or an endorsement on, the licence.

(7A) Subsection (7) does not limit section 183CGB.

(8) Where a customs broker fails to comply with a condition of his or

her licence the Comptroller-General of Customs may, by notice in

writing served on the customs broker, require the customs broker

to comply with that condition within the time specified in the

notice.

183CGA Comptroller-General of Customs may impose additional

conditions to which a broker’s licence is subject

(1) The Comptroller-General of Customs may, at any time, impose

additional conditions to which the licence is subject if the

Comptroller-General of Customs considers the conditions to be

necessary or desirable:

(a) for the protection of the revenue; or

(b) for the purpose of ensuring compliance with the Customs

Acts; or

(c) for any other purpose.

(2) If the Comptroller-General of Customs imposes conditions under

subsection (1):

(a) the Comptroller-General of Customs must, by written notice

to the holder of the broker’s licence, notify the holder of the

conditions; and

(b) the conditions cannot take effect before:

(i) the end of 30 days after the giving of the notice; or

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Section 183CGB

Customs Act 1901 605

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(ii) if the Comptroller-General of Customs considers that it

is necessary for the conditions to take effect earlier—the

end of a shorter period specified in the notice.

183CGB Comptroller-General of Customs may vary the conditions

to which a broker’s licence is subject

(1) The Comptroller-General of Customs may, by written notice to the

holder of a broker’s licence, vary:

(a) the conditions specified in the broker’s licence under

section 183CG; or

(b) the conditions imposed under section 183CGA to which the

licence is subject.

(2) A variation under subsection (1) cannot take effect before:

(a) the end of 30 days after the giving of the notice under that

subsection; or

(b) if the Comptroller-General of Customs considers that it is

necessary for the variation to take effect earlier—the end of a

shorter period specified in the notice given under that

subsection.

(3) This section does not limit subsection 183CG(7).

183CGC Breach of conditions of a broker’s licence

(1) The holder of a broker’s licence must not breach a condition to

which the licence is subject under section 183CG or 183CGA

(including a condition varied under subsection 183CG(7) or

section 183CGB).

Penalty: 60 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

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Section 183CH

606 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

183CH Duration of licence

(1) A broker’s licence:

(a) comes into force on a date specified in the licence or, if no

date is so specified, the date on which it is granted; and

(b) subject to this Part, remains in force until the end of the

licence expiry day next following the grant of the licence but

may be renewed in accordance with section 183CJ.

(1A) For the purposes of this section:

(a) the first licence expiry day is 31 December 2000; and

(b) the next licence expiry day is 30 June 2003; and

(c) later licence expiry days occur at intervals of 3 years after the

last licence expiry day.

(2) A licence granted to a natural person ceases to have effect on the

death of that person.

183CJ Renewal of licence

(1) If a customs broker, within 2 months before the date on which his

or her broker’s licence is due to expire, applies in writing to the

Comptroller-General of Customs for the renewal of the licence, the

Comptroller-General of Customs must, by writing, renew the

licence unless:

(a) the Comptroller-General of Customs has given an order

under paragraph 183CS(1)(d) in relation to the licence; or

(b) the customs broker is, because of section 183CK, not entitled

to hold a broker’s licence.

(2) A renewal of a licence shall not take effect if, on or before the date

on which the licence would, apart from the renewal, expire, the

licence is revoked.

(3) Where the licence held by a customs broker has been suspended,

subsection (1) applies as if the licence had not been suspended, but

the renewal of the licence does not have any force or effect until

the licence ceases to be suspended.

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Section 183CJA

Customs Act 1901 607

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(5) Subject to this Part, a licence that has been renewed continues in

force until the first licence expiry day (as defined in

section 183CH) after the day on which the licence would have

expired apart from the renewal, but may be further renewed.

Note: Additional conditions may be imposed on the licence under

section 183CGA, and the conditions to which the licence is subject

may be varied under subsection 183CG(7) or section 183CGB.

183CJA Licence charges

Grant of licence

(1) A customs broker licence charge is payable in respect of the grant

of a broker’s licence by the person seeking the grant.

(2) A person liable to pay a customs broker licence charge in respect

of the grant of a broker’s licence must pay the charge before the

end of the day the licence comes into force.

Renewal of licence

(3) A customs broker licence charge is payable in respect of the

renewal of a broker’s licence by the holder of the licence.

(4) The holder of a broker’s licence liable to pay a customs broker

licence charge in respect of the renewal of the broker’s licence

must pay the charge before the end of the day the renewal of the

licence comes into force.

183CK Security

(1) The Comptroller-General of Customs may, by notice in writing

served on a person making an application for a broker’s licence or

a person who holds a broker’s licence, require that person to give,

within the time specified in the notice, security in an amount

determined by the Comptroller-General of Customs, not being an

amount exceeding the amount prescribed in respect of the

prescribed class of applicants or customs brokers to which the

person belongs, by bond, guarantee or cash deposit, or by any or all

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Division 3 Licensing of customs brokers

Section 183CK

608 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

of those methods, for compliance by him or her with the Customs

Acts, for compliance with the conditions or requirements to which

the importation or exportation of goods is subject and generally for

the protection of the revenue and that person is not entitled to be

granted or to hold a broker’s licence, as the case may be, unless he

or she gives security accordingly.

(2) Where the amount of the security in force in respect of a customs

broker is less than the amount prescribed in respect of the

prescribed class of customs brokers to which the customs broker

belongs, the Comptroller-General of Customs may, by notice in

writing to the customs broker, require the customs broker to give,

within such period as is specified in the notice, a fresh security in

lieu of the security in force under subsection (1) in an amount

specified in the notice, being an amount not exceeding the amount

so prescribed, and, if the customs broker fails to comply with the

notice, the customs broker shall not be entitled to hold a broker’s

licence.

(3) Where, by virtue of subsection (1), an applicant for a broker’s

licence is not entitled to be granted the licence, the

Comptroller-General of Customs may refuse to grant the licence to

the applicant.

(4) Where, by virtue of subsection (1) or (2), a customs broker is not

entitled to hold a broker’s licence, the Comptroller-General of

Customs may cancel the broker’s licence held by the customs

broker.

(5) Regulations made for the purposes of this section may prescribe

different amounts in respect of different classes of applicants or

customs brokers and, without limiting the generality of the

foregoing, may prescribe different amounts in respect of applicants

who are natural persons and applicants that are partnerships or

companies and in respect of customs brokers who are natural

persons and corporate customs brokers.

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Section 183CM

Customs Act 1901 609

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

183CM Nominees

For the purposes of this Part, a person shall be taken to be a

nominee of a customs broker from the time when the name of the

nominee is endorsed, in pursuance of paragraph 183CE(1)(b) or of

section 183CF, on the licence of the customs broker until the

nominee dies or until the Comptroller-General of Customs deletes

the name of the nominee from that licence under section 183CP,

whichever occurs first.

183CN Removal of nominee

(1) The Comptroller-General of Customs shall delete the name of a

nominee of a customs broker from the broker’s licence of that

customs broker if:

(a) the nominee dies; or

(b) the nominee ceases to hold a broker’s licence; or

(c) the nominee ceases to act as nominee of the customs broker;

or

(d) the nominee requests the Comptroller-General of Customs, in

writing, to delete his or her name from the licence; or

(e) the name of the nominee is found to have been endorsed on

the licence in circumstances where the endorsement should

not have been made.

(2) Where the deletion of the name of a nominee from a licence of a

customs broker is required under subsection (1), the customs

broker shall forthwith deliver the licence to the

Comptroller-General of Customs for the purpose of having the

deletion effected.

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Section 183CP

610 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

183CP Notice to nominate new nominee

If the broker’s licence of a customs broker ceases to comply with

subsection 183C(2), the Comptroller-General of Customs may, by

notice in writing served on the customs broker, require the customs

broker to apply within such period as is specified in the notice, for

such variation of the endorsements on the licence as would result

in the licence complying with that subsection.

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Section 183CQ

Customs Act 1901 611

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 4—Suspension, revocation and non-renewal of

licences

183CQ Investigation of matters relating to a broker’s licence

(1) The Comptroller-General of Customs may give notice in

accordance with this section to a customs broker if the

Comptroller-General of Customs has reasonable grounds to believe

that:

(a) the customs broker has been convicted of a prescribed

offence; or

(b) the customs broker, being a natural person, is an

undischarged bankrupt; or

(ba) the customs broker, being a natural person, has been refused

a transport security identification card, or has had such a card

suspended or cancelled, within the 10 years immediately

preceding the giving of the notice; or

(c) the customs broker, being a company, is in liquidation; or

(d) the customs broker has ceased to perform the duties of a

customs broker in a satisfactory and responsible manner; or

(e) the customs broker is guilty of conduct that is an abuse of the

rights and privileges arising from his or her licence; or

(f) a customs broker licence charge payable in respect of the

licence remains unpaid more than 28 days after the day the

charge was due to be paid; or

(g) the customs broker made a false or misleading statement in

the application for the licence; or

(h) the customs broker has not complied with a condition

imposed on the grant or renewal of the licence and, having

been served with a notice under subsection 183CG(8) in

relation to the non-compliance with that condition, the

customs broker has not, within the time specified in the

notice, complied with that condition; or

(j) the customs broker has not, within the time specified in a

notice under section 183CP, complied with that notice;

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Division 4 Suspension, revocation and non-renewal of licences

Section 183CQ

612 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

or it otherwise appears to the Comptroller-General of Customs to

be necessary for the protection of the revenue or otherwise in the

public interest to give the notice.

(2) Without limiting the generality of paragraph (1)(d), a customs

broker shall be taken, for the purposes of that paragraph, to have

ceased to perform the duties of a customs broker in a satisfactory

and responsible manner if the documents prepared by the customs

broker for the purposes of this Act contain errors that are

unreasonable having regard to the nature or frequency of those

errors.

(3) Notice in accordance with this section to a customs broker shall be

in writing and shall be served, either personally or by post, on the

customs broker.

(4) A notice in accordance with this section to a customs broker shall

state:

(a) the grounds on which the notice is given;

(b) that the person who gave the notice intends forthwith to refer

to the Committee, for investigation and report to the

Comptroller-General of Customs, the question whether the

Comptroller-General of Customs should take action in

relation to the licence under subsection 183CS(1);

(c) the powers that the Comptroller-General of Customs may

exercise in relation to a licence under subsection 183CS(1);

and

(d) the rights of the customs broker under sections 183J and

183S to take part in the proceedings before the Committee.

(5) If the Comptroller-General of Customs gives notice in accordance

with this section to a customs broker, the Comptroller-General of

Customs must refer the question whether the Comptroller-General

of Customs should take action in relation to the licence under

subsection 183CS(1) to the Committee, for investigation and report

to the Comptroller-General of Customs.

(6) Where the Comptroller-General of Customs refers a question to the

Committee under subsection (5), the Comptroller-General of

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Section 183CR

Customs Act 1901 613

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Customs shall give particulars to the Committee of all the

information in his or her possession that is relevant to the question

so referred.

(7) Where a question is referred to the Committee under

subsection (5), the Committee shall, as soon as practicable, conduct

an investigation and make a report on the question to the

Comptroller-General of Customs.

183CR Interim suspension by Comptroller-General of Customs

(1) Where the Comptroller-General of Customs gives notice in

accordance with section 183CQ to a customs broker, the

Comptroller-General of Customs may, if the Comptroller-General

of Customs considers it necessary for the protection of the revenue

or otherwise in the public interest to do so, suspend the licence of

the customs broker pending the investigation and report of the

Committee.

(2) The Comptroller-General of Customs may suspend the broker’s

licence of a customs broker in pursuance of subsection (1) by:

(a) including in the notice to the customs broker in accordance

with section 183CQ a statement to the effect that the licence

is suspended under that subsection; or

(b) giving further notice in writing to the customs broker to the

effect that the licence is suspended under that subsection.

(3) A suspension of a licence by the Comptroller-General of Customs

under subsection (1) has effect until the suspension is revoked by

the Comptroller-General of Customs, or the Comptroller-General

of Customs has dealt with the matter in accordance with

section 183CS, whichever occurs first.

(4) Where a broker’s licence is suspended under this section, the

Comptroller-General of Customs may at any time revoke the

suspension.

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Division 4 Suspension, revocation and non-renewal of licences

Section 183CS

614 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

183CS Powers of Comptroller-General of Customs

(1) Where the Comptroller-General of Customs, after considering a

report under subsection 183CQ(7) in relation to a broker’s licence,

is:

(a) satisfied in relation to the licence as to any of the matters

mentioned in paragraphs (a) to (j) (inclusive) of

subsection 183CQ(1); or

(b) satisfied on any other grounds that it is necessary to do so for

the protection of the revenue or for the purpose of ensuring

compliance with the Customs Acts;

he or she may, by notice to the customs broker:

(c) cancel the licence; or

(d) if the licence is about to expire—order that the licence not be

renewed; or

(e) reprimand the customs broker; or

(f) in a case where the licence is not already suspended—

suspend the licence for a period specified in the notice; or

(g) in a case where the licence is already suspended—further

suspend the licence for a period specified in the notice.

(2) Where the Comptroller-General of Customs, after considering a

report under subsection 183CQ(7) in relation to a broker’s licence,

decides not to take any further action in the matter, he or she shall,

by notice in writing to the customs broker, inform the customs

broker accordingly, and, if the licence of the customs broker is

suspended, he or she shall revoke the suspension.

(3) A notice under subsection (1) shall:

(a) be in writing; and

(b) be served, either personally or by post, on the holder of the

licence.

(4) The period for which the Comptroller-General of Customs may

suspend or further suspend a licence under subsection (1) may be a

period expiring after the date on which the licence, if not renewed,

would expire.

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Section 183CT

Customs Act 1901 615

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(5) Where the Comptroller-General of Customs orders under

paragraph (1)(d) that a licence not be renewed, he or she shall

notify the appropriate Collector accordingly.

183CT Effect of suspension

(1) During a period in which a broker’s licence held by a natural

person is suspended under this Division:

(a) the person shall not act as a customs broker;

(b) the person shall not act as a nominee of a customs broker;

and

(c) a nominee of the person shall not act as such a nominee.

(2) During a period in which a broker’s licence held by a corporate

customs broker is suspended under this Division:

(a) the corporate customs agent shall not act as a customs broker;

and

(b) a nominee of the corporate customs broker shall not act as

such a nominee.

183CU Service of notices

For the purposes of the application of section 29 of the Acts

Interpretation Act 1901 to the service by post of a notice under this

Division on a person who holds or held a broker’s licence, such a

notice posted as a letter addressed to that person at the last address

of that person known to the sender shall be deemed to be properly

addressed.

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Part XI Agents and customs brokers

Division 5 National Customs Brokers Licensing Advisory Committee

Section 183D

616 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

Division 5—National Customs Brokers Licensing Advisory

Committee

183D National Customs Brokers Licensing Advisory Committee

(1) The National Customs Agents Licensing Advisory Committee in

existence immediately before the commencement of this

subsection continues in existence as the National Customs Brokers

Licensing Advisory Committee.

(2) The functions of the Committee are:

(a) to investigate and report on applications referred to it by the

Comptroller-General of Customs under section 183CB;

(b) to investigate and report on questions referred to it by the

Comptroller-General of Customs under section 183CQ;

(c) to advise the Comptroller-General of Customs in relation to

the approval of courses of study under section 183CC; and

(d) where the Comptroller-General of Customs requests the

Committee to advise him or her on the standards that customs

brokers should meet in the performance of their duties and

obligations as customs brokers—to advise the

Comptroller-General of Customs accordingly.

183DA Constitution of Committee

(1) The Committee shall consist of the following members:

(a) the Chair;

(b) a member to represent customs brokers;

(c) a member to represent the Commonwealth.

(2) The Chair shall be a person who:

(a) is or has been a Stipendiary, Police, Special or Resident

Magistrate of a State or Territory; or

(b) in the opinion of the Comptroller-General of Customs,

possesses special knowledge or skill in relation to matters

that the Committee is to advise or report on.

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Section 183DB

Customs Act 1901 617

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(3) A member referred to in paragraph (1)(a) or (b) shall be appointed

by the Comptroller-General of Customs for a period not exceeding

2 years but is eligible for re-appointment.

(4) The member referred to in paragraph (1)(b) shall be appointed on

the nomination of an organization that, in the opinion of the

Comptroller-General of Customs, represents customs brokers.

(5) The member referred to in paragraph (1)(c) shall be the person for

the time being holding, or performing the duties of, the office in

the Department that the Comptroller-General of Customs specifies,

in writing signed by him or her, to be the office for the purposes of

this subsection.

(6) The appointment of a member is not invalidated, and shall not be

called in question, by reason of a deficiency or irregularity in, or in

connection with, his or her nomination or appointment.

183DB Remuneration and allowances

(1) A member referred to in paragraph 183DA(1)(a) or (b) shall be

paid such remuneration as is determined by the Remuneration

Tribunal, but if no determination of that remuneration by the

Tribunal is in operation, he or she shall be paid such remuneration

as is prescribed.

(2) A member referred to in paragraph 183DA(1)(a) or (b) shall be

paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

183DC Acting Chair

(1) Subject to subsection (2), the Comptroller-General of Customs

may appoint a person to act as Chair:

(a) during a vacancy in the office of Chair; or

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Section 183DD

618 Customs Act 1901

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

(b) during any period, or during all periods, when the Chair is

absent from duty or from Australia or is for any other reason,

unable to perform the functions of his or her office.

(2) A person shall not be appointed to act as Chair unless he or she is

qualified, in accordance with subsection 183DA(2), to be

appointed as Chair.

(3) A person appointed to act as Chair shall be paid such fees,

allowances and expenses as the Comptroller-General of Customs

determines.

183DD Deputy member

(1) The Comptroller-General of Customs may appoint a person, on the

nomination of an organization referred to in subsection 183DA(4),

to be the deputy of the member referred to in

paragraph 183DA(1)(b) during the pleasure of the

Comptroller-General of Customs and the person so appointed shall,

in the event of the absence of the member from a meeting of the

Committee, be entitled to attend that meeting and, when so

attending, shall be deemed to be a member of the Committee.

(2) Where the Comptroller-General of Customs specifies an office in

the Department for the purposes of this subsection, the person for

the time being holding, or performing the duties of, that office shall

be the deputy of the member referred to in paragraph 183DA(1)(c)

and that person shall, in the event of the absence of that member

from a meeting of the Committee, be entitled to attend that meeting

and, when so attending, shall be deemed to be a member of the

Committee.

(3) A deputy of the member referred to in paragraph 183DA(1)(b)

shall be paid such fees, allowances and expenses as the

Comptroller-General of Customs determines.

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Section 183E

Customs Act 1901 619

Compilation No. 145 Compilation date: 1/7/17 Registered: 12/7/17

183E Procedure of Committees

The regulations may make provision for and in relation to the

procedure of the Committee.

183F Evidence

The Committee is not bound by legal rules of evidence but may

inform itself on a matter referred to it under this Part in such

manner as it thinks fit.

183G Proceedings in private

The proceedings of the Committee shall be held in private.

183H Determination of questions before a Committee

All questions before the Committee shall be decided according to

the opinion of the majority of its members.

183J Customs broker affected by investigations to be given notice

(1) Where an application is referred to the Committee under

section 183CB or a question is referred to the Committee under

section 183CQ, the Chair of the Committee shall cause a notice in

writing of the reference of the application or question to the

Committee, and of the time and place at which the Committee

intends to hold an inquiry into the application or question, to be

served on the person making the application or holding the licence

to which the question relates, as the case may be, at least ten days

before the date of the inquiry.

(2) Subject to subsection (3), the Committee shall afford the person on

whom a notice has been served in pursuance of subsection (1) an

opportunity of examining witnesses, of giving evidence and calling

witnesses on his or her behalf and of addressing the Committee.

(3) Where the person on whom notice has been served in pursuance of

subsection (1) fails to attend at the time and place specified in the

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notice, the Committee may, unless it is satisfied that the person is

prevented by illness or other unavoidable cause from so attending,

proceed to hold the inquiry in his or her absence.

(4) Where an application is referred to the Committee under

section 183CB or a question is referred to the Committee under

section 183CQ, the Chair of the Committee may cause a notice in

writing of the reference of the application or question to the

Committee, and of the time and place at which the Committee

intends to hold an inquiry into the application or question, to be

served on such other persons who, in the opinion of the Chair, have

a special interest in, or are specially affected by, the inquiry.

183K Summoning of witnesses

(1) The Chair of the Committee may, by writing under his or her hand,

summon a person to attend before the Committee at a time and

place specified in the summons and then and there to give evidence

and to produce any books, documents and writings in the person’s

custody or control which the person is required by the summons to

produce.

(2) A person who has been summoned to attend before the Committee

as a witness shall appear and report himself or herself from day to

day, unless excused by the Committee.

(3) The Committee may inspect books, documents or writings before

it, and may retain them for such reasonable period as it thinks fit,

and may make copies of such portions of them as are relevant to

the inquiry.

183L Service of notices and summonses

A notice or summons under this Part shall be served by delivering

it personally to the person to be served or by sending it by prepaid

registered letter addressed to the person at his or her last known

place of abode or business or by leaving it:

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(a) at his or her last known place of abode with some person

apparently an inmate of that place and apparently not less

than 16 years of age; or

(b) at his or her last known place of business with some person

apparently employed at that place and apparently not less

than 16 years of age.

183N Committee may examine upon oath or affirmation

(1) The Committee may examine on oath a person appearing as a

witness before the Committee, whether the witness has been

summoned or appears without being summoned, and for that

purpose a member of the Committee may administer an oath to a

witness.

(2) Where a witness conscientiously objects to take an oath, the

witness may make an affirmation that he or she conscientiously

objects to take an oath and that he or she will state the truth, the

whole truth and nothing but the truth to all questions that are asked

of him or her.

(3) An affirmation so made is of the same force and effect, and entails

the same liabilities, as an oath.

183P Offences by witness

(1) A person summoned to attend before the Committee as a witness

shall not:

(a) fail to attend, after payment or tender to him or her of a

reasonable sum for his or her expenses of attendance; or

(b) refuse to be sworn or to make an affirmation as a witness, or

to answer any question when required to do so by a member

of the Committee; or

(c) refuse or fail to produce a book or document which he or she

was required by the summons to produce.

Penalty: 10 penalty units.

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(2) Paragraphs (1)(a) and (c) do not apply if the person has reasonable

cause for the failure or refusal.

183Q Statements by witness

A person is not excused from answering a question or producing a

book or document when required to do so under section 183P on

the ground that the answer to the question, or the production of the

book or document, might tend to incriminate the person or make

him or her liable to a penalty, but the person’s answer to any such

question is not admissible in evidence against him or her in

proceedings other than proceedings for:

(a) an offence against paragraph 183P(b) or (c); or

(b) an offence in connection with the making by him or her of a

statement in an examination before the Committee under

section 183N.

183R Witness fees

(1) A person who attends in obedience to a summons to attend as a

witness before the Committee is entitled to be paid witness fees

and travelling allowance according to the scale of fees and

allowances payable to witnesses in the Supreme Court of the State

or Territory in which he or she is required to attend or, in special

circumstances, such fees and allowances as the Chair of the

Committee directs (less any amount previously paid to the person

for his or her expenses of attendance).

(2) The fees and allowances are payable:

(a) in the case of a witness summoned at the request of the

customs broker to whom the inquiry relates—by that customs

broker; and

(b) in any other case—by the Commonwealth.

183S Representation by counsel etc.

(1) In an inquiry before the Committee, the customs broker to whom

the inquiry relates and the Comptroller-General of Customs are

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each entitled to be represented by a barrister or solicitor or, with

the approval of the Committee, by some other person.

(2) A barrister, solicitor or other person appearing before the

Committee may examine or cross-examine witnesses and address

the Committee.

183T Protection of members

(1) An action or proceeding, civil or criminal, does not lie against a

member of the Committee for or in respect of an act or thing done,

or report made, in good faith by the member of the Committee in

his or her capacity as a member.

(2) An act or thing shall be deemed to have been done in good faith if

the member or Committee by whom the act or thing was done was

not actuated by ill-will to the person affected or by any other

improper motive.

183U Protection of barristers, witnesses etc.

(1) A barrister, solicitor or other person appearing before the

Committee has the same protection and immunity as a barrister has

in appearing for a party in proceedings in the High Court.

(2) A witness summoned to attend or appearing before the Committee

has the same protection as a witness in proceedings in the High

Court.

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