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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Customs
Legislation Amendment Bill (No. 1)
2002
No. ,
2002
(Justice and
Customs)
A Bill for an Act to amend the law
relating to customs, and for other purposes
Contents
Customs Act
1901 8
Customs Act
1901 18
Part 1—Reporting
requirements 19
Customs Act
1901 19
Part 2—Importation of
goods 21
A New Tax System (Goods and Services Tax) Act
1999 21
A New Tax System (Wine Equalisation Tax) Act
1999 21
Customs Act
1901 21
Part 3—Exportation of
goods 25
Customs Act
1901 25
Part 4—Other
amendments 30
Customs Act
1901 30
Customs Legislation Amendment and Repeal (International Trade
Modernisation) Act
2001 31
Customs Act
1901 35
Part 1—Amendments commencing
first 41
Customs Act
1901 41
Part 2—Amendments commencing
second 48
Customs Act
1901 48
Passenger Movement Charge Collection Act
1978 49
A Bill for an Act to amend the law relating to customs,
and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Customs Legislation Amendment Act
(No. 1) 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
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1. Sections 1 to 4 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedules 1 and 2 |
The day on which this Act receives the Royal Assent |
|
|
3. Schedule 3, items 1 to 5 |
The later of: |
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4. Schedule 3, items 6 and 7 |
The latest of: |
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5. Schedule 3, item 8 |
The later of: |
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6. Schedule 3, items 9 to 21 |
The later of: |
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7. Schedule 3, items 22 and 23 |
The later of: |
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8. Schedule 3, items 24 and 25 |
The day on which this Act receives the Royal Assent |
|
|
9. Schedule 3, item 26 |
The later of: |
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10. Schedule 3, item 27 |
The day on which this Act receives the Royal Assent |
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11. Schedule 3, item 28 |
The later of: |
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12. Schedule 3, item 29 |
The day on which this Act receives the Royal Assent |
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13. Schedule 3, items 30 to 43 |
The later of: |
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14. Schedule 3, item 44 |
The later of: |
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15. Schedule 3, items 45 to 47 |
The later of: |
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16. Schedule 3, item 48 |
The later of: |
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17. Schedule 3, item 49 |
The later of: |
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18. Schedule 3, items 50 and 51 |
The later of: |
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19. Schedule 3, items 52 to 54 |
The later of: |
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20. Schedule 3, item 55 |
The later of: |
|
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21. Schedule 3, items 56 to 65 |
The day on which this Act receives the Royal Assent |
|
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22. Schedule 3, item 66 |
At the same time as the commencement of item 118 of Schedule 3 to
the Customs Legislation Amendment and Repeal (International Trade
Modernisation) Act 2001 |
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23. Schedule 3, items 67 and 68 |
Immediately before the commencement of Part 2 of Schedule 3 to
the Customs Legislation Amendment and Repeal (International Trade
Modernisation) Act 2001 |
|
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24. Schedule 3, item 69 |
At the same time as the commencement of item 30 of Schedule 3 to
the Customs Legislation Amendment and Repeal (International Trade
Modernisation) Act 2001 |
|
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25. Schedule 3, items 70 and 71 |
At the same time as the commencement of item 82 of Schedule 3 to
the Customs Legislation Amendment and Repeal (International Trade
Modernisation) Act 2001 |
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26. Schedule 3, item 72 |
Immediately before the commencement of item 110 of Schedule 3 to
the Customs Legislation Amendment and Repeal (International Trade
Modernisation) Act 2001 |
|
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27. Schedule 3, item 73 |
Immediately before the commencement of item 117 of Schedule 3 to
the Customs Legislation Amendment and Repeal (International Trade
Modernisation) Act 2001 |
|
|
28. Schedule 4 |
The day on which this Act receives the Royal Assent |
|
|
29. Schedule 5, Part 1 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
|
30. Schedule 5, Part 2 |
Immediately after the commencement of item 118 of Schedule 3 to
the Customs Legislation Amendment and Repeal (International Trade
Modernisation) Act 2001 |
|
|
31. Schedule 6 |
The day on which this Act receives the Royal Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If a provision covered by item 29 of the table does not commence
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
(1) Subject to subsection (2), each amendment made by Schedule 1
to this Act applies to acts and omissions that take place after the amendment
commences.
(2) If an act or omission is alleged to have taken place between 2 dates,
one before and one on or after the day on which a particular amendment in that
Schedule commences, the amendment does not apply to the alleged act or
omission.
1 Subsection 5A(1)
(penalty)
Omit “$50,000”, substitute “500 penalty
units”.
2 Subsection 5A(3)
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
3 Subsection 5B(1)
(penalty)
Omit “$50,000”, substitute “500 penalty
units”.
4 Subsection 5B(3)
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
5 Section 19 (penalty)
Omit “$100”, substitute “1 penalty unit”.
6 At the end of
section 19
Add:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
7 Subsection 20(3)
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
8 Subsection 20(7)
(penalty)
Omit “$500”, substitute “5 penalty
units”.
9 Subsection 33(1)
(penalty)
Omit “$50,000”, substitute “500 penalty
units”.
10 Subsection 33(2)
Omit “$50,000”, substitute “500 penalty
units”.
11 Subsection 33A(1)
(penalty)
Omit “$50,000”, substitute “500 penalty
units”.
12 Subsection 33A(3)
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
13 Subsection 33B(1)
(penalty)
Omit “$50,000”, substitute “500 penalty
units”.
14 Subsection 33B(3)
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
15 Subsection 58(1)
(penalty)
Omit “$50,000”, substitute “500 penalty
units”.
16 Subsection 58(3)
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
17 Subsection 58A(8)
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
18 Subsection 58B(9)
Omit “$10,000”, substitute “100 penalty
units”.
19 Subsections 60(1), (2) and (3)
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
20 Sections 61, 62 and 63
(penalty)
Omit “$5,000”, substitute “50 penalty
units”.
21 Subsections 64(1) and (2)
(penalty)
Omit “$500”, substitute “5 penalty
units”.
22 At the end of
section 64
Add:
(5) Subsections (1) and (2) are offences of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
23 Subsections 64AA(1) and (1B)
(penalty)
Omit “$500”, substitute “5 penalty
units”.
24 At the end of
section 64AA
Add:
(4) Subsections (1) and (1B) are offences of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
25 Subsections 64AC(2) and (2A)
(penalty)
Omit “$500”, substitute “5 penalty
units”.
26 At the end of
section 64AC
Add:
(5) Subsections (2) and (2A) are offences of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
27 Subsections 64AE(1) and (2)
(penalty)
Omit “$500”, substitute “5 penalty
units”.
28 Subsection 64A(1)
(penalty)
Omit “$2,000”, substitute “20 penalty
units”.
29 Subsections 64A(2) and (3)
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
30 Subsections 65(1) and (2)
(penalty)
Omit “$5,000”, substitute “50 penalty
units”.
31 Sections 66 and 67
(penalty)
Omit “$2,000”, substitute “20 penalty
units”.
32 Subsection 67ES(4)
Omit “, without reasonable excuse,”.
33 After subsection 67ES(4)
Insert:
(4A) Subsection (4) does not apply in relation to a failure to comply
with subsection (2) or (3) if the person has a reasonable excuse for the
failure.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (4A) (see subsection 13.3(3) of the Criminal
Code).
34 Subsection 67ES(6)
Omit “knowingly or recklessly”, substitute
“intentionally”.
35 Subsection 67ET(2)
Omit “, without reasonable excuse,”.
36 At the end of
section 67ET
Add:
(3) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
(4) Subsection (2) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
37 Subsection 69(5)
(penalty)
Omit “$5,000”, substitute “50 penalty
units”.
38 After subsection 69(5)
Insert:
(5A) Subsection (5) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
39 Subsection 70(7)
(penalty)
Omit “$5,000”, substitute “50 penalty
units”.
40 Subsection 71E(3A)
(penalty)
Omit “$50,000”, substitute “500 penalty
units”.
41 Section 71G
(penalty)
Omit “$1,500”, substitute “15 penalty
units”.
42 At the end of
section 71G
Add:
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
43 Subsections 73(1) and (2) and 74(1)
(penalty)
Omit “$25,000”, substitute “250 penalty
units”.
44 After subsection 74(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
45 Subsection 77D(5)
Omit “without reasonable excuse”.
46 After subsection 77D(5)
Insert:
(5A) Subsection (5) does not apply if a person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (5A) (see subsection 13.3(3) of the Criminal
Code).
(5B) Subsection (5) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
47 Subsection 77E(5)
Omit “without reasonable excuse”.
48 After subsection 77E(5)
Insert:
(5A) Subsection (5) does not apply if a person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (5A) (see subsection 13.3(3) of the Criminal
Code).
(5B) Subsection (5) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
49 Paragraph 81(3)(b)
Omit “$5,000”, substitute “50 penalty
units”.
50 Subsection 86(6)
(penalty)
Omit “$5,000”, substitute “50 penalty
units”.
51 Subsection 87(7)
(penalty)
Omit “$100”, substitute “1 penalty unit”.
52 Subsection 90(1)
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
53 Subsections 96A(11) and
96B(11)
Omit “$5,000”, substitute “50 penalty
units”.
54 Subsection 100(2)
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
55 Section 101
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
56 Subsection 113(1)
(penalty)
Omit “$5,000”, substitute “50 penalty
units”.
57 Subsection 114D(1)
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
58 Section 115
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
59 Subsection 116(2)
(penalty)
Omit “$5,000”, substitute “50 penalty
units”.
60 After subsection 116(2)
Insert:
(2A) Subsection (2) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
61 Section 118
(penalty)
Omit “$50,000”, substitute “500 penalty
units”.
62 Subsection 122D(1)
(penalty)
Omit “$500”, substitute “5 penalty
units”.
63 After subsection 122D(1)
Insert:
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
64 Subsections 123(1) and (2)
(penalty)
Omit “$500”, substitute “5 penalty
units”.
65 Section 124
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
66 Section 125
(penalty)
Omit “$25,000”, substitute “250 penalty
units”.
67 Section 126C
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
68 Section 127
(penalty)
Omit “$2,000”, substitute “20 penalty
units”.
69 Subsections 129(3) and
130B(3)
Omit “$2,000”, substitute “20 penalty
units”.
70 Subsection 181(5)
Omit “$1,000”, substitute “10 penalty
units”.
71 Section 183P
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
72 Subsection 188(1)
(penalty)
Omit “$500”, substitute “5 penalty
units”.
73 Sections 191 and 192
(penalty)
Omit “$5,000”, substitute “50 penalty
units”.
74 Subsections 195(2) and 196C(2)
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
75 Subsections 210(2) and 214AA(3)
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
76 Subsections 214B(3) and (9)
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
77 Section 232A
Omit “$500”, substitute “5 penalty
units”.
78 Subsections 233AB(1) and
(2)
Omit “$100,000” (wherever occurring), substitute “1,000
penalty units”.
79 Subsections 233BAA(4) and (5)
(penalty)
Omit “$100,000”, substitute “1,000 penalty
units”.
80 Subsections 233BAB(5) and (6)
(penalty)
Omit “$250,000”, substitute “2,500 penalty
units”.
81 Subparagraph
234(2)(a)(ii)
Omit “$50,000”, substitute “500 penalty
units”.
82 Subsection 234(3)
Omit “$5,000”, substitute “50 penalty
units”.
83 Subsection 234(4) (the subsection (4)
added by item 33 of Schedule 1 to the Customs and Excise
Legislation Amendment Act (No. 1) 1997)
Omit “$5,000”, substitute “50 penalty
units”.
84 Subsection 234(4) (the subsection (4)
added by item 2 of Schedule 1 to the Customs and Excise Legislation
Amendment Act (No. 2) 1997)
Renumber as (4A).
85 Subsection 234(8)
Omit “(4) to (7)”, substitute “(4A) to
(7)”
86 Subsection 234A(1)
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
87 After subsection 234A(1)
Insert:
(1AA) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
88 Subsection 234AB(3)
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
89 Subsection 234AC(3)
(penalty)
Omit “$5,000”, substitute “50 penalty
units”.
90 Subsection 235(1)
Omit “$2,000”, substitute “20 penalty
units”.
91 Paragraph 235(2)(c)
Omit “$750,000”, substitute “7,500 penalty
units”.
92 Subparagraph
235(2)(d)(i)
Omit “$500,000”, substitute “5,000 penalty
units”.
93 Subparagraph
235(2)(d)(ii)
Omit “$250,000”, substitute “2,500 penalty
units”.
94 Paragraph 235(2)(e)
Omit “$2,000”, substitute “20 penalty
units”.
95 Subsection 235(7)
Omit “$2,000”, substitute “20 penalty
units”.
96 Subsection 245(2)
Omit “$40,000” (twice occurring), substitute “400 penalty
units”.
97 Subsection 245(4)
Omit “$20,000” (twice occurring), substitute “200 penalty
units”.
98 Subsection 275A(2)
(penalty)
Omit “$10,000”, substitute “100 penalty
units”.
1 Subsection 154(1) (definition of
price)
Omit “value unrelated matters”, substitute
“rebates”.
2 Subsection 154(1)
Insert:
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.
3 Subsection 154(1) (definition of value
unrelated matter)
Repeal the definition.
4 Transitional
Although this Schedule amends the Customs Act 1901, Division 2
of Part VIII of that Act, as in force immediately before this item
commences, continues to apply in respect of the valuation of goods that are
entered for home consumption before that time, whether or not the goods are
valued before that time, as if the amendments had not been made.
1 Subsection 64AAC(4)
After “the ship”, insert “or aircraft”.
2 After subsection 64AB(4)
Insert:
(4A) A documentary cargo report must:
(a) be in writing; and
(b) be in an approved form; and
(c) be communicated to Customs 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.
(4B) An electronic cargo report must communicate such information as is
set out in an approved statement.
3 Subsection 64ABAA(4)
Omit “to the operator of the aircraft or ship, or to a cargo
reporter,”.
4 Subsection 64ABAB(4)
Omit “by the operator of the ship or aircraft, or by a cargo
reporter, under section 71E”, substitute “, under a permission
given under section 71E,”.
5 After section 64AD
Insert:
A communication that is required or permitted by this Subdivision to be
made to Customs 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.
6 Subsection 64AE(1)
Repeal the subsection, substitute:
(1) The operator of a ship or aircraft to whom section 64, 64AA,
64AAA, 64AC, 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: 5 penalty units.
7 Subsection 64AE(2)
Repeal the subsection, substitute:
(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
(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: 5 penalty units.
A New Tax System (Goods and
Services Tax) Act 1999
8 Subsection 114-5(1) (table
item 14)
Repeal the item.
A New Tax System (Wine
Equalisation Tax) Act 1999
9 Section 5-30 (table item
LE1)
Omit “71A(6)”, substitute “71A(7) or
71DB(7)”.
10 Section 5-30 (table item
LE2)
Omit “71A(7)”, substitute “71A(8) or
71DB(8)”.
11 Subparagraph 71(2)(a)(i)
Omit “less than $250”, substitute “$250 or
less”.
12 Subsection 71A(3)
Omit all the words and paragraphs after “import declaration”,
substitute:
must be communicated to Customs:
(a) by giving or sending it to an officer doing duty in relation to import
declarations; or
(b) by leaving it at a place that has been allocated for lodgment of
import declarations in a Customs Office;
at the place at which the goods are to be delivered for home
consumption.
13 Subsection 71A(4)
Repeal the subsection.
14 Subsections 71DC(1) and
(2)
Repeal the subsections, substitute:
(1) When an RCR is sent to Customs, the person who has entered into the
relevant import information contract becomes liable to pay an RCR processing
charge in respect of the RCR.
(2) The charge is payable when a periodic declaration, in respect of goods
to which the RCR relates, is taken to have been sent to Customs.
15 Subsection 71DD(1)
Omit “the person to make RCRs in respect of goods”, substitute
“RCRs to be made by, or on behalf of, the person”.
16 At the end of subsection
71DD(1)
Add:
Note: The CEO may make business rules that a person who
wishes to enter into, or is a party to, an import information contract must
comply with: see section 273EB.
17 Paragraph 71DD(3)(c)
Omit “(ABN 5600 407 185)”, substitute “(ABN 5600 407
1854)”.
18 Section 71DF
Repeal the section, substitute:
If a person who has entered into an import information contract, or a
customs broker nominated in the contract to make communications to Customs on
behalf of the person, makes, during a particular month, one or more RCRs in
respect of goods, the person or a broker who is so nominated:
(a) may, from time to time during the month, send electronically to
Customs declarations (periodic declarations) containing such
information in relation to the goods as is set out in an approved statement;
but
(b) must send electronically to Customs at least one periodic declaration
not later than the first day of the following month or such other day of that
month as is prescribed.
19 Section 71DG
Repeal the section, substitute:
(1) When a periodic declaration is sent to Customs under
section 71DF, the person who has entered into the relevant import
information contract becomes liable to pay a periodic declaration processing
charge in respect of the declaration.
(2) The charge is payable when the periodic declaration is taken to have
been sent to Customs.
20 Subsection 71DH(3)
Omit all the words and paragraphs after “warehouse
declaration”, substitute:
must be communicated to Customs:
(a) by giving or sending it to an officer doing duty in relation to
warehouse declarations; or
(b) by leaving it at a place that has been allocated for lodgment of
warehouse declarations in a Customs Office;
at the place at which the goods are to be delivered for
warehousing.
21 Subsection 71DH(4)
Repeal the subsection.
22 Subsection 71E(2A)
After “the goods” (first occurring), insert “are goods to
which section 68 applies and”.
23 Subsection 71E(2A)
After “who has”, insert “, or intends to
take,”.
24 Subsection 71E(3A)
Repeal the subsection.
25 Subsections 71E(3AA) and (3AB) (the
subsections (3AA) and (3AB) inserted by item 34 of Schedule 21 to
the Law and Justice Legislation Amendment (Application of Criminal Code) Act
2001)
Repeal the subsections.
26 After section 71L
Insert:
A communication that is required or permitted by this Division to be made
to Customs 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.
27 Paragraphs 33(1)(b), (2)(b), (3)(c), (5)(b)
and (6)(b)
After “authorised by”, insert “or under”.
28 At the end of
section 33
Add:
Note 2: For permission to move, alter or interfere with
goods for export, see section 119AA.
29 Subsection 114B(7)
Omit “status is”, substitute “status in”.
30 Subsection 114BB(1)
Omit “approved”, substitute “approval”.
31 At the end of subsection
114BB(1)
Add:
Note: The CEO may make business rules that a person who
wishes to enter into, or is a party to, an export information contract must
comply with: see section 273EB.
32 Paragraph 114BB(3)(c)
Omit “(ABN 5600 407 185)”, substitute “(ABN 5600 407
1854)”.
33 At the end of paragraph
114BC(b)
Add “or such other day of that month as is
prescribed”.
34 Subsection 114C(7)
Omit “this Act”, substitute “a Customs-related
law”.
35 Paragraph 114D(1)(b)
Omit all the words after “the entry” (first occurring),
substitute:
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.
36 Subsection 117AA(3)
Omit all the words and paragraphs after “the place”,
substitute:
unless:
(a) the person has ascertained, from information made available by
Customs, 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.
37 After subsection 118(1A)
Insert:
(1B) A Certificate of Clearance in respect of a ship or aircraft may only
be granted on application under subsection (2) or (5).
38 At the end of subsection
118(2)
Add:
Note: Section 118A sets out the requirements for
granting a Certificate of Clearance in respect of certain ships or
aircraft.
39 After section 118
Insert:
(1) This section applies to a ship or aircraft of a kind specified in the
regulations.
(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 Customs, 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 Customs 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.
40 Subsection 119(1)
Omit all the words before paragraph (a), substitute:
(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 Customs, not later than 3 days after the day
of departure, an outward manifest:
41 After section 119
Insert:
(1) This section applies to goods:
(a) that are subject to the control of Customs under paragraph 30(1)(b),
(c) or (d); and
(b) that have been entered for export; and
(c) in relation to which an authority to deal with the goods is in
force.
(2) A person may apply to Customs for permission to move, alter or
interfere with the goods in a particular way.
(3) An application under subsection (2) must:
(a) be made electronically; and
(b) communicate such information as is set out in an approved
statement.
(4) The CEO may approve 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 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.
42 At the end of
section 119D
Add:
(3) For the purposes of this Act, an electronic application under
section 119AA is taken to have been communicated to Customs when an
acknowledgment of the application is communicated by Customs electronically to
the person who sent the application.
43 After section 119D
Insert:
A communication that is required or permitted by this Division to be made
to Customs 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.
44 Subsection 4(1) (definition of screening
charge)
Repeal the definition, substitute:
screening charge means charge imposed by the Import
Processing Charges Act 2001 and payable as set out in section 64ABC of
this Act.
45 Subsection 102A(2)
After “goods are”, insert “to be”.
46 Subsection 102A(2)
Omit “have been”, substitute “are to be”.
47 Subsection 102A(2)
Omit “prescribed by the regulations”, substitute “that
begins at the prescribed time and ends at the prescribed time”.
48 Subsection 122F(2)
Omit “this Act”, substitute “a Customs-related
law”.
49 Paragraph 126DA(1)(b)
Repeal the paragraph.
50 Subsection 214AH(2)
Omit “if the occupier of the premises, or a representative previously
nominated to Customs by the occupier, is unavailable to do so or absent from the
premises”.
51 Subsection 214AH(2)
(note)
Omit “is”, substitute “may be”.
52 Section 243SA
After “this Act”, insert “(other than subsection
214AH(2))”.
53 At the end of
section 243SA
Add:
(2) A person must not fail to answer a question that a monitoring officer,
pursuant to subsection 214AH(2), requires the person to answer, if:
(a) the person is the occupier of the relevant premises, or a
representative of the occupier whom the occupier has nominated to Customs to
answer questions under that subsection; or
(b) the person is not covered by paragraph (a) and no other person of
the kind mentioned in that paragraph is present at the premises and available to
answer questions put by the monitoring officer.
Penalty: 30 penalty units.
54 Subsection 243X(2)
Omit “inserted or substituted” (wherever occurring), substitute
“inserted, substituted or amended”.
55 At the end of subsection
273EB(1)
Add:
Note 1: If a party to an import information contract fails
to comply with any business rules, the CEO may terminate the contract: see
paragraph 71DD(4)(c).
Note 2: If a party to an export information contract fails
to comply with any business rules, the CEO may terminate the contract: see
paragraph 114BB(4)(c).
Customs Legislation
Amendment and Repeal (International Trade Modernisation) Act
2001
56 Subsection 2(2)
Omit “subsection (6)”, substitute
“subsection (7)”.
57 Subsection 2(3)
Omit “subsection (6)”, substitute
“subsection (7)”.
58 Subsection 2(3)
Omit “, item 119 in Part 6 of Schedule 3, and
Schedule 4,”, substitute “and item 119 in Part 6 of
Schedule 3”.
59 Subsection 2(4)
Omit “subsection (6)”, substitute
“subsection (7)”.
60 Subsection 2(4)
After “day”, insert “or days”.
61 Subsection 2(5)
Omit “subsection (6)”, substitute
“subsections (6) and (7)”.
62 At the end of subsection
2(5)
Add:
; (d) the item in Schedule 4.
63 Subsection 2(6)
Omit “a Schedule”, substitute
“Schedule 4”.
64 Subsection 2(6)
Omit “(2), (3), (4) or”.
65 At the end of
section 2
Add:
(7) If an item in a Schedule (other than Schedule 4) does not
commence under subsection (2), (3), (4) or (5) within the period of 3 years
beginning on the day on which this Act receives the Royal Assent, it commences
on the first day after the end of that period.
66 After section 3
Insert:
(1) This section applies to a documentary cargo report that a person
makes, under section 64AB of the Customs Act 1901 as amended by this
Act, during:
(a) the general moratorium period (as defined in subsection (13) of
that section); or
(b) a further moratorium period that has been granted to that person under
subsection (14) of that section.
(2) Although this Act repeals:
(a) section 64ABB of the Customs Act 1901; and
(b) the definition of cargo report processing charge in
subsection 4(1) of that Act;
those provisions continue to apply, in relation to the cargo report, as if
those repeals had not happened.
67 Item 4 of
Schedule 3
Repeal the item.
68 Item 27 of
Schedule 3
Repeal the item, substitute:
27 Subparagraph
30(1)(ab)(i)
Omit “subsection 71(2)”, substitute
“section 71”.
27A Paragraph 30(1)(ad)
Omit “subsection 71(2)”, substitute
“section 71”.
69 After item 30 of
Schedule 3
Insert:
30A Section 63A (definition of low value
cargo)
Omit all the words and paragraphs after “consignment of”,
substitute “which section 68 does not apply because of paragraph
68(1)(f)”.
70 Subitem 82(1) of
Schedule 3
Repeal the subitem, substitute:
(1) This item applies to an import entry referred to in subsection 71A(1)
of the Customs Act 1901 that is transmitted to Customs using the COMPILE
computer system:
(a) after this item commences; and
(b) before this Schedule repeals Division 4A of Part IV of that
Act.
(1A) If the import entry relates to goods that are intended to be entered
for home consumption, it is an import declaration for the purposes of that Act
as amended by this Act.
(1B) If the import entry relates to goods that are intended to be entered
for warehousing, it is a warehouse declaration for the purposes of that Act as
amended by this Act.
71 Subitem 82(2) of
Schedule 3
Omit “A communication to which subitem (1)”, substitute
“An import entry to which this item”.
72 Item 111 of
Schedule 3
Repeal the item, substitute:
111 Subparagraph
30(1)(ab)(i)
Omit “until there has been compliance with a Collector’s permit
for their unshipment and”.
73 Item 116 of
Schedule 3
Repeal the item, substitute:
116 Section 63A (definition of low value
cargo)
Omit “cargo of one of the following kinds”.
116A Section 63A (paragraph (a) of the
definition of low value cargo)
Omit “(other than reportable documents)”.
116B Section 63A (at the end of
paragraph (a) of the definition of low value
cargo)
Add “or”.
116C Section 63A (paragraph (b) of the
definition of low value cargo)
Repeal the paragraph.
1 Subsection 183UA(1) (at the end of the
definition of authorised person)
Add:
; and (f) in relation to the exercise of powers under section 203CA
or 203CB—an officer as defined by subsection 185(5).
2 Subsection 203(2)
Omit “or 203C”, substitute “, 203C, 203CA or
203CB”.
3 After section 203C
Insert:
(1) This section applies to a ship if:
(a) section 185 applies to the ship; and
(b) the ship is exempt from any provision of the Customs Acts under
subsection 30A(3) or the voyage of the ship is exempt from any such provision
under subsection 30A(5).
Note: Section 30A gives effect to provisions of the
Torres Strait Treaty in relation to certain traditional
activities.
(2) This section applies to an aircraft if:
(a) section 185 applies to the aircraft; and
(b) the flight of the aircraft is exempt from any provision of the Customs
Acts under subsection 30A(5).
Note: Section 30A gives effect to provisions of the
Torres Strait Treaty in relation to certain traditional
activities.
(3) An authorised person may seize without warrant any goods (other than
narcotic goods) on the ship or aircraft that the authorised person reasonably
suspects are special forfeited goods.
Note: For seizure of narcotic goods without warrant, see
paragraph 185(2)(e) and section 203C.
(4) If, in the course of searching the ship or aircraft under
section 185, an authorised person finds a thing that he or she believes on
reasonable grounds is evidential material relating to an offence committed in
respect of special forfeited goods, the authorised person may, without warrant,
seize that thing.
(5) The authorised person must exercise his or her powers subject to
section 203D.
(1) This section applies if an authorised person suspects on reasonable
grounds that:
(a) goods are:
(i) at, or in a container at, a place that is near a ship or aircraft to
which paragraph 203CA(1)(b) or (2)(b) applies; or
(ii) in, on, or in a container on, a conveyance at such a place;
or
(iii) in a container in the immediate physical possession of, but not
carried on the body of, a person at such a place; and
(b) the goods:
(i) in the case of an arriving ship or aircraft—have been unloaded
from that ship or aircraft; or
(ii) in the case of a leaving ship or aircraft—will be loaded onto
that ship or aircraft; and
(c) the goods are special forfeited goods (other than narcotic
goods).
(2) The authorised person may, without warrant:
(a) search the place or any container at the place for special forfeited
goods (other than narcotic goods); or
(b) stop and detain the conveyance about to leave the place, and search it
and any container on it for such goods; or
(c) search the container in the immediate physical possession of the
person for such goods;
as the case requires, and seize any goods that the authorised person
reasonably suspects are special forfeited goods (other than narcotic goods) if
the authorised person finds them there.
Note: For seizure of narcotic goods without warrant, see
paragraph 185(2)(e) and section 203C.
(3) If, in the course of searching under subsection (2) for special
forfeited goods, an authorised person finds a thing that he or she believes on
reasonable grounds is evidential material relating to an offence committed in
respect of those goods, the authorised person may, without warrant, seize that
thing whether or not the authorised person has found those goods.
(4) For the purposes of a search conducted under subsection (2), the
authorised person may question any person apparently in charge of the place,
conveyance or container about any goods or thing at the place, in or on the
conveyance, or in the container.
(5) The authorised person must exercise his or her powers subject to
section 203D.
4 Subsection 203D(1)
Omit “a power”, substitute “powers”.
Note: The heading to section 203D is altered by
omitting “a power under section 203B or 203C” and
substituting “certain powers”.
5 Subsection 203D(1)
Omit “or 203C”, substitute “, 203C, 203CA or
203CB”.
6 Subsection 203D(1)
Omit “search it and any container found on it”, substitute
“exercise those powers”.
7 Subsection 203D(2)
Omit “a power”, substitute “powers”.
8 Subsection 203D(2)
Omit “or 203C”, substitute “, 203C, 203CA or
203CB”.
9 Paragraph 203D(2)(c)
Omit “search”, substitute “the exercise of the
powers”.
10 Subdivision F of Division 1 of
Part XII (heading)
Repeal the heading, substitute:
11 Subsection 203R(1)
Omit “or 203C(3)”, substitute “, 203C(3), 203CA(4) or
203CB(3)”.
Note: The heading to section 203R is altered by
omitting “under a search warrant or under subsection 203B(3) or
203C(3)” and substituting “as evidential
material”.
12 Subsection 203S(1)
Omit “or 203C(3)” (wherever occurring), substitute “,
203C(3), 203CA(4) or 203CB(3)”.
Note: The heading to section 203S is altered by
omitting “under a search warrant or under subsection 203B(3) or
203C(3)” and substituting “as evidential
material”.
13 Subdivision G of Division 1 of
Part XII (heading)
Repeal the heading, substitute:
14 Subsection 204(2)
After “203B”, insert “, 203CA or 203CB”.
15 Subsection 204(3)
After “203B”, insert “, 203CA or 203CB”.
16 Paragraph 204(4)(a)
After “203B”, insert “, 203CA or 203CB”.
17 Subsection 205(1)
Omit “or 203C(2)”, substitute “, 203C(2), 203CA(3) or
203CB(2)”.
18 Subsection 205B(1)
Omit “or 203C(2)”, substitute “, 203C(2), 203CA(3) or
203CB(2)”.
19 Paragraph 205C(a)
Omit “or 203C(2)”, substitute “, 203C(2), 203CA(3) or
203CB(2)”.
20 Paragraph 205D(1)(a)
Omit “or 203C(2)”, substitute “, 203C(2), 203CA(3) or
203CB(2)”.
21 Subsection 205E(1)
Omit “or 203C(2)”, substitute “, 203C(2), 203CA(3) or
203CB(2)”.
Note: The heading to section 205E is altered by
omitting “under a seizure warrant or under subsection 203B(2) or (2A)
or 203C(2)”.
22 Paragraph 206(1)(a)
After “(2A)”, insert “, 203CA(3) or
203CB(2)”.
23 Paragraph 206(2)(a)
After “(2A)”, insert “, 203CA(3) or
203CB(2)”.
24 Paragraph 206(5)(b)
After “(2A)”, insert “, 203CA(3) or
203CB(2)”.
25 Paragraph 207(1)(a)
Omit “or 203C(2)”, substitute “, 203C(2), 203CA(3) or
203CB(2)”.
26 Section 208D
Omit “or 203C(2)”, substitute “, 203C(2), 203CA(3) or
203CB(2)”.
27 Subsection 208DA(1) (definition of
condemned goods)
Omit “or 203C(2)”, substitute “, 203C(2), 203CA(3) or
203CB(2)”.
28 Paragraph 208DA(3A)(c)
After “203C”, insert “, 203CA, 203CB”.
29 Section 209A
Omit “or 203C”, substitute “, 203C, 203CA or
203CB”.
30 Subparagraph
219A(2)(c)(i)
Omit “or under subsection 203B(2) or (2A) or 203C(2) under
section 203”, substitute “under section 203 or under
subsection 203B(2) or (2A), 203C(2), 203CA(3) or 203CB(2)”.
31 Subsection 219NA(3)
After “203C”, insert “or 203CA”.
32 Paragraph 219NA(3)(a)
Omit “that section”, substitute “those
sections”.
Part 1—Amendments
commencing first
1 Section 63A
Insert:
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));
(iv) the total liability for import duty and other taxes related to the
importation of the publication does not exceed $50 (or such other amount, not
exceeding $75, as is prescribed for the purposes of this definition);
(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);
(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.
2 Section 63A
Insert:
re-mail reporter means a person or partnership that is
registered under Subdivision E as a re-mail reporter.
3 After subsection 64AB(3D)
Insert:
(3E) The form or statement approved under subsection (4) or (5) for a
report by a re-mail reporter in relation to re-mail items must not require the
reporter to include information relating to the 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
form or statement does not have to give information about individual re-mail
items.
(3F) However, a re-mail reporter must not use that approved form or
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 form
or statement for re-mail items must provide information about individual re-mail
items in a cargo report.
4 At the end of Division 3 of
Part IV
Add:
(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(3E) and (3F).
(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.
(1) The CEO must register an applicant as a re-mail reporter if:
(a) the applicant applies under section 67F; and
(b) the CEO 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
(c) the CEO 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
CEO may request, in writing, the applicant to provide additional information
specified in the request within a specified period.
(3) The CEO 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 CEO receiving the
information.
(4) The CEO 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.
(1) An applicant meets the fit and proper person test for the purposes of
paragraph 67G(1)(c) if the CEO 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
(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 CEO 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 CEO
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.
(3) The CEO 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
(e) whether the company has been placed under official management;
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).
A re-mail reporter must notify the CEO in writing if:
(a) an event or circumstance occurs after the reporter’s
registration which section 67H would require the CEO 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.
(1) After registration, the CEO may impose a new condition on a re-mail
reporter’s registration by notifying the reporter in writing of the
condition.
(2) The CEO may remove or vary any condition of a re-mail reporter’s
registration by notifying the reporter in writing of the removal or
variation.
(1) The CEO 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(3E) that was not a re-mail item;
or
(b) the reporter uses the approved form or statement in breach of
subsection 64AB(3F); or
(c) the CEO 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 CEO must notify the reporter in writing of the cancellation of the
registration.
5 After paragraph
273GA(1)(aaae)
Insert:
(aaaf) a decision by the CEO under section 67G to refuse to register
a person or a partnership as a re-mail reporter;
(aaag) a decision by the CEO under section 67G or 67J to impose a
condition on a re-mail reporter’s registration;
(aaah) a decision by the CEO under section 67J to vary a condition of
a re-mail reporter’s registration;
(aaai) a decision by the CEO under section 67K to cancel a re-mail
reporter’s registration;
Part 2—Amendments
commencing second
6 Section 63A (subparagraph (d)(iv) of
the definition of re-mail item)
Repeal the subparagraph.
7 After subsection 64AB(7)
Insert:
(7A) The form or 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
form or statement does not have to give information about individual re-mail
items.
(7B) However, a re-mail reporter must not use that approved form or
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 form
or statement for re-mail items must provide information about individual re-mail
items in a cargo report.
8 Subsection 67F(1) (note)
Omit “subsections 64AB(3E) and (3F)”, substitute
“subsections 64AB(7A) and (7B)”.
9 Paragraph 67K(1)(a)
Omit “subsection 64AB(3E)”, substitute “subsection
64AB(7A)”.
10 Paragraph 67K(1)(b)
Omit “subsection 64AB(3F)”, substitute “subsection
64AB(7B)”.
Passenger Movement Charge
Collection Act 1978
1 Paragraph 5(j)
After “Australia”, insert “by ship”.
2 At the end of paragraph
5(k)
Add:
(iv) the Overseas Missions (Privileges and Immunities) Act 1995;
or