Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

CUSTOMS AMENDMENT (EXPORT CONTROLS AND OTHER MEASURES) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs Amendment (Export Controls
and Other Measures) Bill 2011
No. , 2011
(Home Affairs)
A Bill for an Act to amend the law relating to
customs, and for related purposes
i Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Control of export goods
3
Part 1--Goods no longer for export
3
Customs Act 1901
3
Part 2--Power to give directions
7
Customs Act 1901
7
Part 3--Suspension of an authority to deal with export goods
9
Customs Act 1901
9
Schedule 2--Strengthening of security measures at depots and
warehouses
13
Part 1--Depot licences
13
Customs Act 1901
13
Customs Depot Licensing Charges Act 1997
21
Part 2--Warehouse licences
22
Customs Act 1901
22
Schedule 3--Other amendments
28
Customs Act 1901
28
Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011 1
A Bill for an Act to amend the law relating to
1
customs, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Customs Amendment (Export
5
Controls and Other Measures) Act 2011.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
A day or days to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
3. Schedule 3
The 28th day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Control of export goods Schedule 1
Goods no longer for export Part 1
Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011 3
Schedule 1--Control of export goods
1
Part 1--Goods no longer for export
2
Customs Act 1901
3
1 At the end of subsection 30(1)
4
Add:
5
; (e) as to goods made or prepared in, or brought into, a prescribed
6
place for export that are no longer for export--from the time
7
the goods are made or prepared in, or brought into, the
8
prescribed place until the goods are moved from the place in
9
accordance with a permission given under section 119AC.
10
2 At the end of section 33
11
Add:
12
Note 3:
For permission to move, alter or interfere with goods that are no
13
longer for export, see sections 119AB and 119AC.
14
3 Subparagraph 114D(1)(b)(ii)
15
After "119AA", insert "or 119AC".
16
4 Paragraph 117AA(3)(b)
17
After "119AA", insert "or 119AC".
18
5 Subsection 119AA(3)
19
Repeal the subsection, substitute:
20
(3) An application under subsection (2) may be made by document or
21
electronically.
22
(3A) A documentary application must:
23
(a) be communicated to Customs by sending or giving it to an
24
officer doing duty in relation to export entries; and
25
(b) be in an approved form; and
26
(c) contain such information as is required by the form; and
27
(d) be signed in a manner specified in the form.
28
Schedule 1 Control of export goods
Part 1 Goods no longer for export
4 Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011
(3B) An electronic application must communicate such information as is
1
set out in an approved statement.
2
6 Subsection 119AA(4)
3
Omit "different statements for electronic applications", substitute
4
"different forms for documentary applications, and different statements
5
for electronic applications,".
6
7 Subsection 119AA(6)
7
Omit "send a message electronically", substitute "give a message by
8
document, or send a message electronically,".
9
8 After section 119AA
10
Insert:
11
119AB Application for permission to move, alter or interfere with
12
goods that are no longer for export
13
(1) If goods are subject to the control of Customs under paragraph
14
30(1)(e), a person may apply to Customs for permission to move,
15
alter or interfere with the goods in a particular way.
16
(2) An application under subsection (1) may be made by document or
17
electronically.
18
(3) A documentary application must:
19
(a) be communicated to Customs by sending or giving it to an
20
officer doing duty in relation to export entries; and
21
(b) be in an approved form; and
22
(c) contain such information as is required by the form; and
23
(d) be signed in a manner specified in the form.
24
(4) An electronic application must communicate such information as is
25
set out in an approved statement.
26
(5) The CEO may approve different forms for documentary
27
applications, and different statements for electronic applications,
28
made under this section in different circumstances or by different
29
classes of persons.
30
Control of export goods Schedule 1
Goods no longer for export Part 1
Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011 5
119AC Dealing with an application for a permission to move etc.
1
goods that are no longer for export
2
(1) If an application is made under subsection 119AB(1), an officer
3
may direct the applicant to ensure that the goods to which the
4
application relates are held in the place where they are currently
5
located until a decision is made on the application.
6
(2) If a direction is not given under subsection (1) of this section, or a
7
reasonable period has elapsed since the giving of such a direction
8
to enable the making of an informed decision on the application, an
9
officer must give a message by document, or send a message
10
electronically, to the applicant:
11
(a) giving the applicant permission to move, alter or interfere
12
with the goods in accordance with the application either
13
unconditionally or subject to such conditions as are specified
14
in the message; or
15
(b) refusing the application and setting out the reasons for the
16
refusal.
17
(3) If a person moves, alters or interferes with goods otherwise than in
18
accordance with a permission under subsection (2) of this section,
19
the movement of the goods is, for the purposes of paragraph
20
229(1)(g), taken not to have been authorised by this Act.
21
9 Subsection 119D(3)
22
Repeal the subsection, substitute:
23
(3) For the purposes of this Act, a documentary application or an
24
electronic application under section 119AA or 119AB is taken to
25
have been communicated to Customs when an acknowledgment of
26
the application is sent or given by Customs to the person who sent
27
or gave the application.
28
Note:
The heading to section 119D is altered by omitting "and withdrawals" and substituting
29
", withdrawals and applications".
30
10 Subsection 122H(3)
31
After "paragraph 30(1)(d)", insert "or (e)".
32
11 Subsection 122H(3) (note)
33
Omit "Note", substitute "Note 1".
34
Schedule 1 Control of export goods
Part 1 Goods no longer for export
6 Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011
12 At the end of subsection 122H(3)
1
Add:
2
Note 2:
Paragraph 30(1)(e) subjects to the control of Customs goods made or
3
prepared in, or brought into, a prescribed place for export that are no
4
longer for export.
5
6
Control of export goods Schedule 1
Power to give directions Part 2
Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011 7
Part 2--Power to give directions
1
Customs Act 1901
2
13 At the end of section 77Y
3
Add:
4
(6) This section does not limit the directions that a Collector may give
5
under section 112C.
6
14 After Division 1 of Part VI
7
Insert:
8
Division 1A--Directions in relation to goods for export etc.
9
that are subject to Customs control
10
112C Collector may give directions in relation to goods for export
11
etc. that are subject to Customs control
12
(1) A Collector may give a written direction to move or not move, or
13
about the storage of, goods that are subject to the control of
14
Customs under paragraph 30(1)(b), (c), (d) or (e) if the direction is:
15
(a) for the protection of the revenue; or
16
(b) for the purpose of ensuring compliance with the Customs
17
Acts, any other law of the Commonwealth prescribed by the
18
regulations or a law of a State or Territory prescribed by the
19
regulations.
20
(2) The direction may be given to:
21
(a) the person who made an export declaration in relation to the
22
goods; or
23
(b) the owner of the goods; or
24
(c) if the goods are in a place prescribed for the purposes of
25
paragraph 30(1)(d) or (e)--the person apparently in charge of
26
the place, or part of such a place; or
27
(d) a person who takes delivery of the goods at a wharf or
28
airport; or
29
(e) a person engaged to load the goods on a ship or aircraft.
30
Schedule 1 Control of export goods
Part 2 Power to give directions
8 Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011
(3) This section does not limit the directions that a Collector may give
1
under section 77Y.
2
112D Compliance with a direction given under section 112C
3
(1) A person commits an offence if:
4
(a) the person is given a direction under section 112C; and
5
(b) the person intentionally refuses or fails to comply with the
6
direction.
7
Penalty: 120 penalty units.
8
(2) A person commits an offence if:
9
(a) the person is given a direction under section 112C; and
10
(b) the person refuses or fails to comply with the direction.
11
Penalty: 50 penalty units.
12
(3) An offence against subsection (2) is an offence of strict liability.
13
Note:
For strict liability, see section 6.1 of the Criminal Code.
14
15 Subsection 243X(1)
15
After "102A(4),", insert "112D(2),".
16
17
Control of export goods Schedule 1
Suspension of an authority to deal with export goods Part 3
Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011 9
Part 3--Suspension of an authority to deal with
1
export goods
2
Customs Act 1901
3
16 After section 114C
4
Insert:
5
114CA Suspension of an authority to deal with goods entered for
6
export in order to verify particulars of the goods
7
(1) An officer may, at any time before goods authorised to be dealt
8
with in accordance with an export entry advice are so dealt with,
9
suspend the authority to deal for a specified period in order to
10
verify particulars of the goods shown in the export declaration
11
made in respect of the goods:
12
(a) by reference to information contained in commercial
13
documents relating to the goods that have been given to
14
Customs by the owner of the goods on, or at any time after,
15
the communication of the declaration to Customs; or
16
(b) by reference to information, in writing, in respect of the
17
goods that has been so given to Customs.
18
(2) If an officer suspends under subsection (1) an authority to deal that
19
was given in respect of a documentary declaration:
20
(a)
the
officer
must:
21
(i) sign a notice that states that the authority is so
22
suspended and sets out the reasons for the suspension;
23
and
24
(ii) serve a copy of the notice on the person who made the
25
declaration or, if that person does not have possession of
26
the goods, on the person who has possession of the
27
goods; and
28
(b) the suspension has effect from the time when the notice is
29
served.
30
(3) If an officer suspends under subsection (1) an authority to deal that
31
was given in respect of an electronic declaration or an ACEAN:
32
(a) the officer must send electronically, to the person who made
33
the declaration or used the ACEAN, a message that states
34
Schedule 1 Control of export goods
Part 3 Suspension of an authority to deal with export goods
10 Customs Amendment (Export Controls and Other Measures) Bill 2011 No. ,
2011
that the authority is so suspended and sets out the reasons for
1
the suspension; and
2
(b) the suspension has effect from the time when the message is
3
sent.
4
114CB Revocation of the suspension of an authority to deal
5
(1) If an authority to deal has been suspended under subsection
6
114CA(1), an officer must revoke the suspension if, during the
7
period of suspension, the officer verifies the particulars of the
8
goods shown in the export declaration made in respect of the
9
goods.
10
(2) If the revocation relates to an authority to deal that was given in
11
respect of a documentary declaration:
12
(a)
the
officer
must:
13
(i) sign a notice that states that the suspension is revoked;
14
and
15
(ii) serve a copy of the notice on the person to whom the
16
notice of the suspension was given; and
17
(b) the revocation has effect from the time when the notice is
18
served.
19
(3) If the revocation relates to an authority to deal that was given in
20
respect of an electronic declaration or an ACEAN:
21
(a) the officer must send electronically, to the person to whom
22
the message notifying the suspension was sent, a message
23
that states that the suspension is revoked; and
24
(b) the revocation has effect from the time when the message is
25
sent.
26
114CC An officer may seek additional information if an authority to
27
deal has been suspended
28
Scope
29
(1) This section applies if an authority to deal with goods is suspended
30
under subsection 114CA(1) in order to verify particulars of the
31
goods shown in the export declaration made in respect of the
32
goods.
33
Control of export goods Schedule 1
Suspension of an authority to deal with export goods Part 3
Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011
11
Owner may be required to deliver commercial documents or
1
information
2
(2) If an officer believes, on reasonable grounds, that the owner of the
3
goods has custody or control of commercial documents relating to
4
the goods, or has or can obtain information relating to the goods,
5
that will assist the officer to verify those particulars, the officer
6
may require the owner:
7
(a) to deliver to the officer the commercial documents relating to
8
the goods that are in the owner's custody or control
9
(including any such documents that had previously been
10
delivered to an officer and had been returned to the owner);
11
or
12
(b) to deliver to the officer such specified information, in
13
writing, relating to the goods as is within the knowledge of
14
the owner or as the owner is reasonably able to obtain.
15
(3) A documentary requirement for the delivery of documents or
16
information relating to the goods must:
17
(a) be communicated to the person by whom, or on whose
18
behalf, the export declaration was communicated; and
19
(b) be in an approved form and contain such particulars as the
20
form requires.
21
(4) An electronic requirement for the delivery of documents or
22
information relating to the goods must:
23
(a) be sent electronically to the person who made the export
24
declaration; and
25
(b) communicate such particulars as are set out in an approved
26
statement.
27
Officer may ask any questions relating to the goods
28
(5) An officer may ask:
29
(a) the owner of the goods; and
30
(b) if another person made the export declaration on behalf of the
31
owner--the other person;
32
any questions relating to the goods.
33
Schedule 1 Control of export goods
Part 3 Suspension of an authority to deal with export goods
12 Customs Amendment (Export Controls and Other Measures) Bill 2011 No. ,
2011
Owner may be required to verify the particulars
1
(6) An officer may require the owner of the goods to verify the
2
particulars shown in the export declaration by making a declaration
3
or producing documents.
4
Commercial documents must be returned
5
(7) Subject to section 215, if a person delivers a commercial document
6
to an officer under this section, the officer must deal with the
7
document and then return it to that person.
8
9
Strengthening of security measures at depots and warehouses Schedule 2
Depot licences Part 1
Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011
13
Schedule 2--Strengthening of security
1
measures at depots and warehouses
2
Part 1--Depot licences
3
Customs Act 1901
4
1 Subsection 20(8) (subparagraph (a)(ii) of the definition of
5
waterfront area)
6
Omit "15; or", substitute "15; and".
7
2 Subsection 20(8) (subparagraph (a)(iii) of the definition of
8
waterfront area)
9
Repeal the subparagraph.
10
3 Subsection 77F(1) (definition of depot licence charge)
11
Omit "77M or".
12
4 Subsection 77L(1)
13
Omit "Subject to subsection (3), the", substitute "The".
14
5 Subsection 77L(3)
15
Repeal the subsection.
16
6 Section 77M
17
Repeal the section.
18
7 Subsection 77Q(1)
19
Repeal the subsection, substitute:
20
Imposition of additional conditions
21
(1) The CEO may, at any time, impose additional conditions to which
22
a depot licence is subject if the CEO considers the conditions to be
23
necessary or desirable:
24
(a) for the protection of the revenue; or
25
(b) for the purpose of ensuring compliance with the Customs
26
Acts, any other law of the Commonwealth prescribed by the
27
Schedule 2 Strengthening of security measures at depots and warehouses
Part 1 Depot licences
14 Customs Amendment (Export Controls and Other Measures) Bill 2011 No. ,
2011
regulations or a law of a State or Territory prescribed by the
1
regulations; or
2
(c) for any other purpose.
3
(1A) If the CEO imposes conditions under subsection (1) when granting
4
the depot licence, the CEO must specify the conditions in the
5
licence.
6
(1B) If the CEO imposes conditions under subsection (1) after the depot
7
licence has been granted:
8
(a) the CEO must, by written notice to the holder of the licence,
9
notify the holder of the conditions; and
10
(b) the conditions cannot take effect before:
11
(i) the end of 30 days after the giving of the notice; or
12
(ii) if the CEO considers that it is necessary for the
13
conditions to take effect earlier--the end of a shorter
14
period specified in the notice.
15
Variation of imposed conditions
16
Note:
The heading to section 77Q is replaced by the heading "The CEO may impose
17
additional conditions to which a depot licence is subject".
18
8 Subsection 77Q(2)
19
Omit "specified", substitute "imposed".
20
9 Subsection 77Q(3)
21
Repeal the subsection, substitute:
22
(3) A variation under subsection (2) cannot take effect before:
23
(a) the end of 30 days after the giving of the notice under that
24
subsection; or
25
(b) if the CEO considers that it is necessary for the variation to
26
take effect earlier--the end of a shorter period specified in
27
the notice given under that subsection.
28
10 Subsection 77R(1)
29
Omit "or conditions specified in the licence under section 77Q",
30
substitute ", or a condition imposed under section 77Q (including a
31
condition varied under that section)".
32
Strengthening of security measures at depots and warehouses Schedule 2
Depot licences Part 1
Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011
15
11 At the end of subsection 77R(2)
1
Add:
2
Note:
For strict liability, see section 6.1 of the Criminal Code.
3
12 At the end of section 77R
4
Add:
5
(3) Subsection (1) does not apply if a breach of a condition of the
6
depot licence occurs only as a result of the holder's compliance, or
7
attempted compliance, with:
8
(a) a direction given under section 21 of the Aviation Transport
9
Security Act 2004 that applies to the holder; or
10
(b) a special security direction (within the meaning of section 9
11
of that Act) that applies to the holder.
12
Note:
A defendant bears an evidential burden in relation to the matter in
13
subsection (3) (see subsection 13.3(3) of the Criminal Code).
14
13 Section 77S (note)
15
Repeal the note, substitute:
16
Note:
Section 77T provides that a licence may continue to be in force for a
17
further period of 90 days after the 30 June referred to in this section
18
under certain circumstances. Another provision that might affect the
19
operation of this section is section 77VC (cancellation of depot
20
licences).
21
14 Subsection 77U(1)
22
Omit "Subject to section 77M, a depot", substitute "A depot".
23
15 Subsection 77V(1)
24
Omit "notice of intention to revoke a depot licence to the holder of the",
25
substitute "a notice under this subsection to the holder of a depot".
26
Note:
The heading to section 77V is altered by omitting "Revocation" and substituting
27
"Notice of intended cancellation etc.".
28
16 Paragraph 77V(1)(b)
29
Omit "the revocation is necessary", substitute "it is necessary to cancel
30
the licence".
31
17 At the end of paragraph 77V(1)(b)
32
Schedule 2 Strengthening of security measures at depots and warehouses
Part 1 Depot licences
16 Customs Amendment (Export Controls and Other Measures) Bill 2011 No. ,
2011
Add ", any other law of the Commonwealth prescribed by the
1
regulations or a law of a State or Territory prescribed by the
2
regulations".
3
18 Subsections 77V(4) to (11)
4
Repeal the subsections, substitute:
5
(4) The notice under subsection (1) must be in writing and must be:
6
(a) served, either personally or by post, on the holder of the
7
depot licence; or
8
(b) served personally on a person who, at the time of service,
9
apparently participates in the management or control of the
10
depot.
11
(5) The notice under subsection (1):
12
(a) must state that, if the holder of the depot licence wishes to
13
prevent the cancellation of the licence, he or she may, within
14
7 days after the day on which the notice is served, give to the
15
CEO at an address specified in the notice a written statement
16
showing cause why the licence should not be cancelled; and
17
(b) may, if it appears to the CEO to be necessary to do so:
18
(i) for the protection of the revenue; or
19
(ii) for ensuring compliance with the Customs Acts, any
20
other law of the Commonwealth prescribed by the
21
regulations or a law of a State or Territory prescribed by
22
the regulations;
23
state that the licence is suspended.
24
(6) If the notice under subsection (1) states that the depot licence is
25
suspended, the licence is suspended on and from the service of the
26
notice.
27
Note:
For revocation of the suspension, see section 77VB.
28
(7) Despite the giving of a notice under subsection (1) in relation to a
29
depot licence, nothing in this Part prevents:
30
(a) the CEO giving a notice under subsection 77T(1) in relation
31
to the renewal of the licence; or
32
(b) the holder of the licence obtaining a renewal of the licence by
33
paying a depot licence charge in accordance with
34
section 77T.
35
Strengthening of security measures at depots and warehouses Schedule 2
Depot licences Part 1
Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011
17
Note:
A depot licence charge paid in the circumstances described in this
1
subsection may be refunded under section 77W.
2
19 After section 77V
3
Insert:
4
77VA Depot must not be used if depot licence is suspended etc.
5
Offence
6
(1) If a depot licence is suspended under section 77V, a person must
7
not use the depot for a purpose referred to in subsection 77G(1).
8
Penalty: 50 penalty units.
9
Collector may permit use of depot etc. during suspension
10
(2) If a depot licence is suspended under section 77V, a Collector may,
11
while the licence is so suspended and despite subsection (1) of this
12
section:
13
(a) permit imported goods, or goods for export, that are subject
14
to the control of Customs to be held in the depot; and
15
(b) permit the unpacking or packing of such goods; and
16
(c) permit the removal of such goods from the depot, including
17
the removal of such goods to another depot; and
18
(d) by notice in a prescribed manner to the owner of such goods,
19
require the owner to remove the goods to another depot, or to
20
a warehouse, approved by the Collector; and
21
(e) take such control of the depot, or all or any goods in the
22
depot, as may be necessary:
23
(i) for the protection of the revenue; or
24
(ii) for ensuring compliance with the Customs Acts, any
25
other law of the Commonwealth prescribed by the
26
regulations or a law of a State or Territory prescribed by
27
the regulations; and
28
(f) by notice in writing to the holder of the licence, require the
29
holder to pay to Customs, in respect of the services of
30
officers required as the result of the suspension, such fee as
31
the CEO determines having regard to the cost of the services.
32
Note:
A defendant bears an evidential burden in relation to the matter in
33
subsection (2) (see subsection 13.3(3) of the Criminal Code).
34
Schedule 2 Strengthening of security measures at depots and warehouses
Part 1 Depot licences
18 Customs Amendment (Export Controls and Other Measures) Bill 2011 No. ,
2011
(3) Without limiting paragraph (2)(f), the services referred to in that
1
paragraph include services relating to:
2
(a) the enforcement of the suspension; and
3
(b) the supervision of activities in relation to the depot that are
4
permitted by a Collector.
5
(4) If an amount that the holder of a depot licence is required to pay in
6
accordance with a notice under paragraph (2)(f) is not paid, that
7
amount may be recovered as a debt due to the Commonwealth by
8
action in a court of competent jurisdiction.
9
77VB Revocation of suspension of depot licences
10
If a depot licence is suspended under section 77V, the CEO:
11
(a) may at any time revoke the suspension; and
12
(b) if the licence has not been cancelled within 28 days after the
13
day on which the licence was suspended--must revoke the
14
suspension.
15
Note:
For the cancellation of depot licences, see section 77VC.
16
77VC Cancellation of depot licences
17
(1) The CEO may, by notice in writing, cancel a depot licence if the
18
CEO is satisfied of any matter mentioned in subparagraphs
19
77V(1)(a)(i) to (viii), or of the matter mentioned in paragraph
20
77V(1)(b), in relation to the licence.
21
(2) The CEO must, by notice in writing, cancel a depot licence if the
22
CEO receives a written request from the holder of the licence that
23
the licence be cancelled on and after a specified day.
24
(3) A notice under subsection (1) or (2) must be:
25
(a) served, either personally or by post, on the holder of the
26
depot licence; or
27
(b) served personally on a person who, at the time of service,
28
apparently participates in the management or control of the
29
depot.
30
(4) If a depot licence is cancelled under this section, the CEO must, by
31
notice published in a newspaper circulating in the locality in which
32
the depot is situated, inform the owners of goods in the depot of the
33
cancellation and the date of the cancellation.
34
Strengthening of security measures at depots and warehouses Schedule 2
Depot licences Part 1
Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011
19
(5) If a depot licence is cancelled under this section, the person or
1
partnership who held the licence before the cancellation must
2
return the licence to Customs within 30 days after the cancellation.
3
20 Subsection 77W(1)
4
Repeal the subsection, substitute:
5
(1)
If:
6
(a) a depot licence is cancelled before the end of a financial year;
7
and
8
(b) the person or partnership (the former holder) who held the
9
licence before its cancellation has paid the depot licence
10
charge for that financial year;
11
the former holder is entitled to a refund of an amount worked out
12
using the formula in subsection (1A).
13
(1A) For the purposes of subsection (1), the formula is:
14
Post-cancellation days
Annual rate
Days in the year
×
15
where:
16
annual rate means the amount of $4,000, or, if another amount is
17
prescribed under subsection 6(2) of the Customs Depot Licensing
18
Charges Act 1997, that other amount.
19
days in the year means:
20
(a) if the financial year in which the licence is in force is not
21
constituted by 365 days--the number of days in that financial
22
year; or
23
(b)
otherwise--365.
24
post-cancellation days means the number of days in the financial
25
year during which the depot licence is not in force following the
26
cancellation of the licence.
27
Note:
The heading to section 77W is altered by omitting "revocation" and substituting
28
"cancellation".
29
21 Subsection 77X(1)
30
Repeal the subsection.
31
Schedule 2 Strengthening of security measures at depots and warehouses
Part 1 Depot licences
20 Customs Amendment (Export Controls and Other Measures) Bill 2011 No. ,
2011
22 Subsection 77X(2)
1
Omit "If this section applies to a place", substitute "If a place ceases to
2
be covered by a depot licence".
3
23 Paragraph 77X(2)(g)
4
After "Customs Acts", insert ", any other law of the Commonwealth
5
prescribed by the regulations or a law of a State or Territory prescribed
6
by the regulations".
7
24 Subsection 77Y(1)
8
After "Customs Acts", insert ", any other law of the Commonwealth
9
prescribed by the regulations or a law of a State or Territory prescribed
10
by the regulations".
11
25 Paragraph 77Y(2)(d)
12
Omit "imported goods that are".
13
26 Paragraph 77Y(2)(e)
14
Omit "goods for export that are".
15
27 After subsection 77Y(3)
16
Insert:
17
(3A) A person who has been given a direction under subsection (1) or
18
(3) must not intentionally refuse or fail to comply with the
19
direction.
20
Penalty: 120 penalty units.
21
28 Subsection 243X(1)
22
After "74(6),", insert "77R(1), 77Y(4),".
23
29 Subsection 273GA(1)
24
After "for review of", insert "the following".
25
30 Paragraph 273GA(1)(aat)
26
After "section 77Q", insert "to impose conditions on a depot licence
27
or".
28
31 Paragraph 273GA(1)(aau)
29
Strengthening of security measures at depots and warehouses Schedule 2
Depot licences Part 1
Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011
21
Omit "revoke", substitute "suspend".
1
32 After paragraph 273GA(1)(aau)
2
Insert:
3
(aav) a decision by the CEO under section 77VC to cancel a depot
4
licence;
5
Customs Depot Licensing Charges Act 1997
6
33 Section 3 (definition of depot licence charge)
7
Omit "77M or".
8
34 Subsections 4(2) and 5(1)
9
Repeal the subsections.
10
35 Subsection 5(2)
11
Omit "(2)".
12
36 Subsection 5(2)
13
Omit "to whom paragraphs (1)(a) and (b) do not apply", substitute "for
14
a depot licence".
15
37 Subsection 6(1)
16
Omit "or (6)".
17
38 Subsections 6(6) to (8)
18
Repeal the subsections.
19
Schedule 2 Strengthening of security measures at depots and warehouses
Part 2 Warehouse licences
22 Customs Amendment (Export Controls and Other Measures) Bill 2011 No. ,
2011
Part 2--Warehouse licences
1
Customs Act 1901
2
39 After section 81
3
Insert:
4
81A Grant of a warehouse licence
5
(1) If an application for a warehouse licence is made, the CEO must
6
decide whether or not to grant the licence within 60 days after
7
receiving the application.
8
(2) If the CEO has not made a decision whether or not to grant the
9
warehouse licence before the end of the period referred to in
10
subsection (1), the CEO is taken to have refused the application at
11
the end of that period.
12
81B Variation of the place covered by a warehouse licence
13
(1) The CEO may, on application by the holder of a warehouse
14
licence, vary the licence by:
15
(a) omitting the description of the place that is described in the
16
licence and substituting a description of another place; or
17
(b) altering the description of the place that is described in the
18
licence.
19
(2) The application must:
20
(a) be in writing; and
21
(b) be in an approved form; and
22
(c) contain such information as the form requires; and
23
(d) be signed in the manner indicated in the form.
24
(3) The CEO may, by written notice given to an applicant for the
25
variation of a warehouse licence, require the applicant to give
26
further information in relation to the application:
27
(a) within the period that is specified in the notice; or
28
(b) within such further period as the CEO allows.
29
Strengthening of security measures at depots and warehouses Schedule 2
Warehouse licences Part 2
Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011
23
(4) If an application for the variation of a warehouse licence is made
1
under subsection (1), the CEO must not grant the application if, in
2
the CEO's opinion:
3
(a) the physical security of the place whose description is to be
4
substituted, or of the place that would have the altered
5
description, would not be adequate having regard to:
6
(i) the nature of the place; or
7
(ii) the kinds and quantity of goods that would be kept in
8
the place if the variation were made; or
9
(iii) the procedures and methods that would be adopted by
10
the applicant to ensure the security of goods in the place
11
if the variation were made; or
12
(b) the plant and equipment that would be used in relation to
13
goods in the place, if the variation were made, would not be
14
suitable having regard to the nature of those goods and that
15
place; or
16
(c) the books of account or records that would be kept in relation
17
to the place, if the variation were made, would not be suitable
18
to enable Customs adequately to audit those books or
19
records.
20
(5) The CEO must not grant an application under subsection (1) for the
21
substitution of the description of a place in a warehouse licence if,
22
in the CEO's opinion, the place would be too remote from the
23
nearest place where officers, who regularly perform their functions
24
for Customs, would be able conveniently to check whether the
25
Customs Acts are being complied with at the place.
26
(6) If an application is made under subsection (1), the CEO must
27
decide whether or not to grant the application:
28
(a) if paragraph (b) of this subsection does not apply--within 60
29
days after receiving the application; or
30
(b)
if:
31
(i) the CEO requires the applicant to give further
32
information under subsection (3); and
33
(ii) the applicant supplies the information in accordance
34
with that subsection;
35
within 60 days after receiving the information.
36
(7) If the CEO has not made a decision whether or not to grant an
37
application made under subsection (1) before the end of the period
38
Schedule 2 Strengthening of security measures at depots and warehouses
Part 2 Warehouse licences
24 Customs Amendment (Export Controls and Other Measures) Bill 2011 No. ,
2011
that applies under subsection (6), the CEO is taken to have refused
1
the application at the end of that period.
2
40 Subsection 82(2)
3
Repeal the subsection.
4
41 Subsection 82(3)
5
Repeal the subsection, substitute:
6
(3) A warehouse licence is subject to such other conditions (if any) as
7
are specified in the licence that the CEO considers to be necessary
8
or desirable:
9
(a) for the protection of the revenue; or
10
(b) for ensuring compliance with the Customs Acts, any other
11
law of the Commonwealth prescribed by the regulations or a
12
law of a State or Territory prescribed by the regulations; or
13
(c) for any other purpose.
14
42 At the end of section 82
15
Add:
16
(6) Subsection (5) does not limit section 82B.
17
43 After section 82
18
Insert:
19
82A The CEO may impose additional conditions to which a
20
warehouse licence is subject
21
(1) The CEO may, at any time after a warehouse licence is granted,
22
impose additional conditions to which the licence is subject if the
23
CEO considers the conditions to be necessary or desirable:
24
(a) for the protection of the revenue; or
25
(b) for the purpose of ensuring compliance with the Customs
26
Acts, any other law of the Commonwealth prescribed by the
27
regulations or a law of a State or Territory prescribed by the
28
regulations; or
29
(c) for any other purpose.
30
(2) If the CEO imposes conditions under subsection (1):
31
Strengthening of security measures at depots and warehouses Schedule 2
Warehouse licences Part 2
Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011
25
(a) the CEO must, by written notice to the holder of the
1
warehouse licence, notify the holder of the conditions; and
2
(b) the conditions cannot take effect before:
3
(i) the end of 30 days after the giving of the notice; or
4
(ii) if the CEO considers that it is necessary for the
5
conditions to take effect earlier--the end of a shorter
6
period specified in the notice.
7
82B The CEO may vary the conditions to which a warehouse licence
8
is subject
9
(1) The CEO may, by written notice to the holder of a warehouse
10
licence, vary:
11
(a) the conditions specified in the warehouse licence under
12
section 82; or
13
(b) the conditions imposed under section 82A to which the
14
licence is subject.
15
(2) A variation under subsection (1) cannot take effect before:
16
(a) the end of 30 days after the giving of the notice under that
17
subsection; or
18
(b) if the CEO considers that it is necessary for the variation to
19
take effect earlier--the end of a shorter period specified in
20
the notice given under that subsection.
21
(3) This section does not limit subsection 82(5).
22
82C Breach of conditions of a warehouse licence
23
(1) The holder of a warehouse licence must not breach a condition to
24
which the licence is subject under section 82 or 82A (including a
25
condition varied under subsection 82(5) or section 82B).
26
Penalty: 50 penalty units.
27
(2) An offence against subsection (1) is an offence of strict liability.
28
Note:
For strict liability, see section 6.1 of the Criminal Code.
29
44 Paragraph 83(2)(d)
30
Schedule 2 Strengthening of security measures at depots and warehouses
Part 2 Warehouse licences
26 Customs Amendment (Export Controls and Other Measures) Bill 2011 No. ,
2011
After "Customs Acts", insert ", any other law of the Commonwealth
1
prescribed by the regulations or a law of a State or Territory prescribed
2
by the regulations".
3
45 At the end of section 85
4
Add:
5
(4) The regulations may make provision for, and in relation to, the
6
refund of any fees referred to in subsection (1).
7
(5) Without limiting subsection (4), the regulations may set out the
8
means of determining the amount of the refund.
9
46 Subsection 86(1)
10
Omit "revenue or for", substitute "revenue, or for".
11
47 Subsection 86(1)
12
After "Customs Acts", insert ", any other law of the Commonwealth
13
prescribed by the regulations or a law of a State or Territory prescribed
14
by the regulations,".
15
48 Paragraph 86(3)(b)
16
Repeal the paragraph, substitute:
17
(b) may, if it appears to the CEO to be necessary to do so:
18
(i) for the protection of the revenue; or
19
(ii) for ensuring compliance with the Customs Acts, any
20
other law of the Commonwealth prescribed by the
21
regulations or a law of a State or Territory prescribed by
22
the regulations;
23
state that the licence is suspended;
24
49 Paragraph 86(7)(e)
25
After "Customs Acts", insert ", any other law of the Commonwealth
26
prescribed by the regulations or a law of a State or Territory prescribed
27
by the regulations".
28
50 At the end of paragraph 87(1)(b)
29
Add ", any other law of the Commonwealth prescribed by the
30
regulations or a law of a State or Territory prescribed by the
31
regulations".
32
Strengthening of security measures at depots and warehouses Schedule 2
Warehouse licences Part 2
Customs Amendment (Export Controls and Other Measures) Bill 2011 No. , 2011
27
51 After subsection 87(1)
1
Insert:
2
(1A) The CEO must cancel a warehouse licence if the CEO receives a
3
written request from the holder of the licence that the licence be
4
cancelled on and after a specified day.
5
52 Subsection 87(2)
6
Omit "shall cancel a warehouse licence under subsection (1)", substitute
7
"must cancel a warehouse licence under this section".
8
53 Subsection 87(4)
9
Omit "where the CEO cancels a warehouse licence, he or she shall",
10
substitute "if the CEO cancels a warehouse licence under this section,
11
he or she must".
12
54 Subsections 87(5) and (7)
13
Omit "shall", substitute "must".
14
55 Subsections 96A(6) and 96B(6)
15
Omit all the words after "the Collector,", substitute:
16
are
necessary:
17
(a) for the protection of the revenue; or
18
(b) for the purpose of ensuring compliance with the Customs
19
Acts, any other law of the Commonwealth prescribed by the
20
regulations or a law of a State or Territory prescribed by the
21
regulations;
22
and may, at any time, revoke, suspend or vary, or cancel a
23
suspension of, a condition so imposed.
24
56 Subsection 243X(1)
25
Before "99(3),", insert "82C(1),".
26
27
Schedule 3 Other amendments
28 Customs Amendment (Export Controls and Other Measures) Bill 2011 No. ,
2011
Schedule 3--Other amendments
1
2
Customs Act 1901
3
1 After subsection 65(1)
4
Insert:
5
(1A) Subsection (1) does not apply to the extent that it requires the
6
master or owner of the ship to make a report of the cargo if the
7
master or owner has:
8
(a) made a cargo report in respect of the cargo; or
9
(b) communicated an outward manifest under section 119 in
10
respect of the cargo.
11
Note:
A defendant bears an evidential burden in relation to the matter in
12
subsection (1A) (see subsection 13.3(3) of the Criminal Code).
13
2 After subsection 65(2)
14
Insert:
15
(2A) Subsection (2) does not apply to the extent that it requires the pilot
16
or owner of the aircraft to make a report of the cargo if the pilot or
17
owner has:
18
(a) made a cargo report in respect of the cargo; or
19
(b) communicated an outward manifest under section 119 in
20
respect of the cargo.
21
Note:
A defendant bears an evidential burden in relation to the matter in
22
subsection (2A) (see subsection 13.3(3) of the Criminal Code).
23

 

[Index] [Search] [Download] [Related Items] [Help]