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CUSTOMS ACT 1901 - SECT 183U

Protection of barristers, witnesses etc.

  (1)   A barrister, solicitor or other person appearing before the Committee has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

  (2)   A witness summoned to attend or appearing before the Committee has the same protection as a witness in proceedings in the High Court.

  This Division defines Singaporean originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to such goods that are imported into Australia.

  Subdivision B provides that goods are Singaporean originating goods if they are wholly obtained or produced entirely in Singapore or in Singapore and Australia.

  Subdivision C provides that goods are Singaporean originating goods if they are produced entirely in Singapore, or in Singapore and Australia, from originating materials only.

  Subdivision D sets out when goods are Singaporean originating goods because they are produced entirely in Singapore, or in Singapore and Australia, from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E sets out when goods are Singaporean originating goods because they are accessories, spare parts, tools or instructional or other information materials imported with other goods.

  Subdivision F deals with how the consignment of goods affects whether the goods are Singaporean originating goods.

  Subdivision G allows regulations to make provision for and in relation to determining whether goods are Singaporean originating goods.

  This Division defines US originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to US originating goods that are imported into Australia.

  Subdivision B provides that goods are US originating goods if they are wholly obtained or produced entirely in the US.

  Subdivision C provides that goods are US originating goods if they are produced entirely in the US, or in the US and Australia, exclusively from originating materials.

  Subdivision D sets out when goods that are produced entirely in the US, or in the US and Australia, from non - originating materials only, or from non - originating materials and originating materials, are US originating goods.

  Subdivision F sets out when accessories, spare parts or tools (imported with other goods) are US originating goods.

  Subdivision G deals with how the packaging materials or containers in which goods are packaged affects whether the goods are US originating goods.

  Subdivision H deals with how the consignment of goods affects whether the goods are US originating goods.

  Subdivision I allows regulations to make provision for and in relation to determining whether goods are US originating goods.

  This Division defines Thai originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to Thai originating goods that are imported into Australia.

  Subdivision B sets out when goods that are wholly obtained goods of Thailand are Thai originating goods.

  Subdivision C sets out when goods that are produced entirely in Thailand, or in Thailand and Australia, are Thai originating goods.

  Subdivision D sets out when accessories, spare parts or tools (imported with other goods) are Thai originating goods.

  Subdivision E deals with how the packaging materials or containers in which goods are packaged affects whether the goods are Thai originating goods.

  Subdivision F deals with how the consignment of goods affects whether the goods are Thai originating goods.

  Subdivision G allows regulations to make provision for and in relation to determining whether goods are Thai originating goods.

  This Division defines New Zealand originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to New Zealand originating goods that are imported into Australia.

  Subdivision B provides that goods are New Zealand originating goods if they are wholly obtained or produced in New Zealand or in New Zealand and Australia.

  Subdivision C provides that goods are New Zealand originating goods if they are produced entirely in New Zealand, or in New Zealand and Australia, from originating materials only.

  Subdivision D sets out when goods are New Zealand originating goods because they are produced entirely in New Zealand, or in New Zealand and Australia, from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E sets out when goods are New Zealand originating goods because they are accessories, spare parts or tools imported with other goods.

  Subdivision F sets out when goods are New Zealand originating goods because they are wholly manufactured in New Zealand.

  Subdivision G provides that goods are not New Zealand originating goods under this Division merely because of certain operations.

  Subdivision H deals with how the consignment of goods affects whether the goods are New Zealand originating goods.

  Subdivision I allows regulations to make provision for and in relation to determining whether goods are New Zealand originating goods.

  This Division defines Peruvian originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to such goods that are imported into Australia.

  Subdivision B provides that goods are Peruvian originating goods if they are wholly obtained or produced entirely in Peru or in Peru and Australia.

  Subdivision C provides that goods are Peruvian originating goods if they are produced entirely in the territory of Peru, or entirely in the territory of Peru and the territory of Australia, from originating materials only.

  Subdivision D sets out when goods are Peruvian originating goods because they are produced entirely in the territory of Peru, or entirely in the territory of Peru and the territory of Australia, from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E sets out when goods are Peruvian originating goods because they are accessories, spare parts, tools or instructional or other information materials imported with other goods.

  Subdivision F deals with how the consignment of goods affects whether the goods are Peruvian originating goods.

  Subdivision G allows regulations to make provision for and in relation to determining whether goods are Peruvian originating goods.

  This Division defines Chilean originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to Chilean originating goods that are imported into Australia.

  Subdivision B provides that goods are Chilean originating goods if they are wholly obtained goods of Chile.

  Subdivision C provides that goods are Chilean originating goods if they are produced entirely in the territory of Chile from originating materials only.

  Subdivision D sets out when goods are Chilean originating goods because they are produced entirely in the territory of Chile, or in the territory of Chile and the territory of Australia, from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E sets out when goods are Chilean originating goods because they are accessories, spare parts, tools or instructional or other information resources imported with other goods.

  Subdivision F provides that goods are not Chilean originating goods under this Division merely because of certain operations.

  Subdivision G deals with how the consignment of goods affects whether the goods are Chilean originating goods.

  Subdivision H allows regulations to make provision for and in relation to determining whether goods are Chilean originating goods.

  This Division defines AANZ originating goods (short for ASEAN - Australia - New Zealand originating goods). Preferential rates of customs duty under the Customs Tariff Act 1995 apply to AANZ originating goods that are imported into Australia.

  Subdivision B provides that goods are AANZ originating goods if they are wholly obtained goods of a Party.

  Subdivision C provides that goods are AANZ originating goods if they are produced entirely in a Party from originating materials only.

  Subdivision D sets out when goods are AANZ originating goods because they are produced from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E sets out when goods are AANZ originating goods because they are accessories, spare parts, tools or instructional or other information materials imported with other goods.

  Subdivision F deals with how the consignment of goods affects whether the goods are AANZ originating goods.

  Subdivision G allows regulations to make provision for and in relation to determining whether goods are AANZ originating goods.

  This Division defines Pacific Islands originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to such goods that are imported into Australia.

  Subdivision B provides that goods are Pacific Islands originating goods if they are wholly obtained or produced in a Party.

  Subdivision C provides that goods are Pacific Islands originating goods if they are produced entirely in one or more of the Parties, by one or more producers, from originating materials only.

  Subdivision D sets out when goods are Pacific Islands originating goods because they are produced entirely in one or more of the Parties, by one or more producers, from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E sets out when goods are Pacific Islands originating goods because they are accessories, spare parts, tools or instructional or other information materials imported with other goods.

  Subdivision F deals with how the consignment of goods affects whether the goods are Pacific Islands originating goods.

  Subdivision G allows regulations to make provision for and in relation to determining whether goods are Pacific Islands originating goods.

  This Division defines Trans - Pacific Partnership originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to such goods that are imported into Australia.

  Subdivision B provides that goods are Trans - Pacific Partnership originating goods if they are wholly obtained or produced entirely in the territory of one or more of the Parties.

  Subdivision C provides that goods are Trans - Pacific Partnership originating goods if they are produced entirely in the territory of one or more of the Parties from originating materials only.

  Subdivision D sets out when goods are Trans - Pacific Partnership originating goods because they are produced entirely in the territory of one or more of the Parties from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E sets out when goods are Trans - Pacific Partnership originating goods because they are accessories, spare parts, tools or instructional or other information materials imported with other goods.

  Subdivision F deals with how the consignment of goods affects whether the goods are Trans - Pacific Partnership originating goods.

  Subdivision G allows regulations to make provision for and in relation to determining whether goods are Trans - Pacific Partnership originating goods.

  This Division defines Malaysian originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to Malaysian originating goods that are imported into Australia.

  Subdivision B provides that goods are Malaysian originating goods if they are wholly obtained or produced in Malaysia or in Malaysia and Australia.

  Subdivision C provides that goods are Malaysian originating goods if they are produced entirely in Malaysia, or in Malaysia and Australia, from originating materials only.

  Subdivision D sets out when goods are Malaysian originating goods because they are produced entirely in Malaysia, or in Malaysia and Australia, from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E sets out when goods are Malaysian originating goods because they are accessories, spare parts, tools or instructional or other information materials imported with other goods.

  Subdivision F deals with how the consignment of goods affects whether the goods are Malaysian originating goods.

  Subdivision G allows regulations to make provision for and in relation to determining whether goods are Malaysian originating goods.

  This Division defines Indonesian originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to Indonesian originating goods that are imported into Australia.

  Subdivision B provides that goods are Indonesian originating goods if they are wholly obtained or produced in Indonesia.

  Subdivision C provides that goods are Indonesian originating goods if they are produced entirely in the territory of Indonesia from originating materials only.

  Subdivision D sets out when goods are Indonesian originating goods because they are produced entirely in the territory of Indonesia, or entirely in the territory of Indonesia and the territory of Australia, from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E deals with how the consignment or exhibition of goods affects whether the goods are Indonesian originating goods.

  Subdivision F allows regulations to make provision for and in relation to determining whether goods are Indonesian originating goods.

  This Division defines Korean originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to Korean originating goods that are imported into Australia.

  Subdivision B provides that goods are Korean originating goods if they are wholly obtained in Korea or in Korea and Australia.

  Subdivision C provides that goods are Korean originating goods if they are produced entirely in Korea, or in Korea and Australia, from originating materials only.

  Subdivision D sets out when goods are Korean originating goods because they are produced entirely in Korea, or in Korea and Australia, from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E provides that goods are not Korean originating goods under this Division merely because of certain operations.

  Subdivision F deals with other matters, such as how the consignment of goods affects whether the goods are Korean originating goods.

  This Division defines Indian originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to Indian originating goods that are imported into Australia.

  Subdivision B provides that goods are Indian originating goods if they are wholly obtained or produced in India or in India and Australia.

  Subdivision C sets out when goods are Indian originating goods because they are produced entirely in the territory of India, or entirely in the territory of India and the territory of Australia, from non - originating materials only or from non - originating materials and originating materials.

  Subdivision D deals with how the packaging materials or containers in which goods are packaged affects whether the goods are Indian originating goods.

  Subdivision E deals with how the consignment of goods affects whether the goods are Indian originating goods.

  Subdivision F allows regulations to make provision for and in relation to determining whether goods are Indian originating goods.

  This Division defines Japanese originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to Japanese originating goods that are imported into Australia.

  Subdivision B provides that goods are Japanese originating goods if they are wholly obtained in Japan.

  Subdivision C provides that goods are Japanese originating goods if they are produced entirely in Japan from originating materials only.

  Subdivision D sets out when goods are Japanese originating goods because they are produced entirely in Japan, or in Japan and Australia, from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E deals with how the consignment of goods affects whether the goods are Japanese originating goods.

  Subdivision F allows regulations to make provision for and in relation to determining whether goods are Japanese originating goods.

  This Division defines Chinese originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to Chinese originating goods that are imported into Australia.

  Subdivision B provides that goods are Chinese originating goods if they are wholly obtained or produced in the territory of China.

  Subdivision C provides that goods are Chinese originating goods if they are produced entirely in the territory of China, or entirely in the territory of China and the territory of Australia, from originating materials only.

  Subdivision D sets out when goods are Chinese originating goods because they are produced entirely in the territory of China, or entirely in the territory of China and the territory of Australia, from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E sets out when goods are Chinese originating goods because they are accessories, spare parts or tools imported with other goods.

  Subdivision F provides that goods are not Chinese originating goods under this Division merely because of certain operations.

  Subdivision G deals with how the consignment of goods affects whether the goods are Chinese originating goods.

  Subdivision H allows regulations to make provision for and in relation to determining whether goods are Chinese originating goods.

  This Division defines Hong Kong originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to Hong Kong originating goods that are imported into Australia.

  Subdivision B provides that goods are Hong Kong originating goods if they are wholly obtained or produced entirely in Hong Kong, China or in Hong Kong, China and Australia.

  Subdivision C provides that goods are Hong Kong originating goods if they are produced entirely in the Area of Hong Kong, China, or entirely in the Area of Hong Kong, China and the Area of Australia, from originating materials only.

  Subdivision D sets out when goods are Hong Kong originating goods because they are produced entirely in the Area of Hong Kong, China, or entirely in the Area of Hong Kong, China and the Area of Australia, from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E sets out when goods are Hong Kong originating goods because they are accessories, spare parts, tools or instructional or other information materials imported with other goods.

  Subdivision F deals with how the consignment of goods affects whether the goods are Hong Kong originating goods.

  Subdivision G allows regulations to make provision for and in relation to determining whether goods are Hong Kong originating goods.

  This Division defines RCEP originating goods (short for Regional Comprehensive Economic Partnership originating goods). Preferential rates of customs duty under the Customs Tariff Act 1995 apply to such goods that are imported into Australia.

  Subdivision B provides that goods are RCEP originating goods if they are wholly obtained or produced in a Party.

  Subdivision C provides that goods are RCEP originating goods if they are produced entirely in a Party from originating materials only.

  Subdivision D sets out when goods are RCEP originating goods because they are produced entirely in a Party from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E deals with how the consignment of goods affects whether the goods are RCEP originating goods.

  Subdivision F allows regulations to make provision for and in relation to determining whether goods are RCEP originating goods.

  This Division defines UK originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to UK originating goods that are imported into Australia.

  Subdivision B provides that goods are UK originating goods if they are wholly obtained or produced in the United Kingdom or in the United Kingdom and Australia.

  Subdivision C provides that goods are UK originating goods if they are produced entirely in the territory of the United Kingdom, or entirely in the territory of the United Kingdom and the territory of Australia, from originating materials only.

  Subdivision D sets out when goods are UK originating goods because they are produced entirely in the territory of the United Kingdom, or entirely in the territory of the United Kingdom and the territory of Australia, from non - originating materials only or from non - originating materials and originating materials.

  Subdivision E sets out when goods are UK originating goods because they are accessories, spare parts, tools or instructional or other information materials imported with other goods.

  Subdivision F deals with how the consignment of goods affects whether the goods are UK originating goods.

  Subdivision G allows regulations to make provision for and in relation to determining whether goods are UK originating goods.

The Comptroller - General of Customs may establish controlled trials. A controlled trial is for a period of up to 12 months, with a possible one - off extension of up to 6 months.

Entities may apply or be invited to participate in a controlled trial.

Entities participating in a controlled trial:

  (a)   may be released from certain obligations under this Act; or

  (b)   may be required to satisfy certain obligations under this Act in a different way to that required by this Act; or

  (c)   may be required to comply with additional obligations; or

  (d)   may receive benefits of a certain kind.

 

Commonwealth Coat of Arms of Australia

Customs Act 1901

No.   6, 1901

Compilation No.   179

Compilation date:   14 March 2024

Includes amendments:   Act No. 66, 2023

Registered:   14 March 2024

This compilation is in 5 volumes

Volume 1:   sections   1- 126C

Volume 2:   sections   126D- 183U

Volume 3:   sections   183UA- 269SK

Volume 4:   sections   269SM- 279

  Schedule

Volume 5:   Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Customs Act 1901 that shows the text of the law as amended and in force on 14 March 2024 (the compilation date ).

The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

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

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part   XII--Officers

Division   1--Powers of officers

Subdivision A--Preliminary

183UA   Definitions

183UB   Law relating to legal professional privilege not affected

183UC   Comptroller - General of Customs may give directions concerning the exercise of powers under this Division

183UD   Judges who may issue seizure warrants for goods in transit

Subdivision B--General regulatory powers

186   General powers of examination of goods subject to customs control

186AA   General powers of examination of goods loaded onto or unloaded from ships or aircraft

186A   Power to make copies of, and take extracts from, documents in certain circumstances

186B   Compensation for damage caused by copying

187   Power to board and search

188   Boarding

189   Searching

189A   Officers may carry arms in certain circumstances

190   Securing goods

191   Seals etc. not to be broken

192   Seals etc. on ship or aircraft in port bound to another port within Commonwealth

193   Officers may enter and remain upon coasts etc.

194   Ships on service may be moored in any place

195   Power to question passengers etc.

195A   Power to question persons found in restricted areas

196C   Power to question persons claiming packages

197   Power to stop conveyances about to leave a Customs place

Subdivision C--Search warrants in respect of things believed to be evidential material

198   When search warrants relating to premises can be issued

199   The things that are authorised by a search warrant relating to premises

199A   When search warrants relating to persons can be issued

199B   The things that are authorised by a search warrant relating to a person

200   Use of equipment to examine or process things

201   Use of electronic equipment on or in premises

201AA   Use of electronic equipment at other place

201A   Person with knowledge of a computer or a computer system to assist access etc.

201B   Accessing data held on other premises--notification to occupier of that premises

202   Compensation for damage to equipment or data

202A   Copies of seized things to be provided

202B   Relationship of this Subdivision to parliamentary privileges and immunities

Subdivision D--Seizure of goods believed to be forfeited goods

203   When seizure warrants for forfeited goods can be issued

203A   The things that are authorised by seizure warrants for forfeited goods

203B   Seizure without warrant of special forfeited goods, or of evidential material relating to special forfeited goods, at a Customs place

203C   Seizure without warrant of narcotic goods or of evidential material relating to narcotic goods at other places

203CA   Seizure without warrant of certain goods on ship or aircraft in the Protected Zone

203CB   Seizure without warrant of certain other goods in the Protected Zone

203D   How an authorised person is to exercise certain powers

Subdivision DA--Seizure of certain goods in transit

203DA   When seizure warrants for goods in transit can be issued

203DB   The things that are authorised by seizure warrants for goods in transit

Subdivision E--Provisions applicable both to search and seizure warrants

203E   Conduct of ordinary searches and frisk searches

203F   Announcement before entry

203G   Details of warrant to be given to occupier

203H   Occupier entitled to be present during search or seizure

203HA   Requirement to provide name or address etc.

203J   Availability of assistance and use of force in executing a warrant

203K   Specific powers available to executing officers

203L   Use of animals in executing a warrant

203M   Warrants by telephone or other electronic means

203N   Receipts for things seized under warrant

203P   Offence for making false statements in warrants

203Q   Offences relating to telephone warrants

Subdivision F--Dealing with things seized as evidential material

203R   Retention of things seized as evidential material

203S   Magistrate may permit a thing seized as evidential material to be retained

Subdivision G--Dealing with goods seized as forfeited goods

203SA   Subdivision does not apply to seized transit goods

203T   Seizure of protected objects

204   Seized goods to be secured

205   Requirement to serve seizure notices

205A   Matters to be dealt with in seizure notices

205B   Claim for return of goods seized

205C   Treatment of goods seized if no claim for return is made

205D   Treatment of goods seized if a claim for return is made--general

205E   Magistrate may permit goods seized to be retained

205EA   Treatment of goods seized if a claim for return is made--suspected prohibited psychoactive substances

205EB   Extending the period for instituting proceedings for recovery of suspected prohibited psychoactive substances

205EC   Proceedings for recovery of suspected prohibited psychoactive substances

205F   Right of compensation in certain circumstances for goods disposed of or destroyed

205G   Effect of forfeiture

206   Immediate disposal of certain goods

207   Immediate disposal of narcotic goods

208   Release of goods on security

208C   Service by post

208D   Disposal of forfeited goods

208DA   Disposal of narcotic - related goods other than narcotic goods

208E   Sales subject to conditions

209   Power to impound certain forfeited goods and release them on payment of duty and penalty

209A   Destruction or concealment of evidential material or forfeited goods

Subdivision GA--Dealing with goods in transit seized under a section   203DA warrant

209B   Subdivision applies to seized transit goods

209C   Seized goods to be secured

209D   Requirement to serve seizure notices

209E   Matters to be dealt with in seizure notices

209F   Application for return of seized goods

209G   Status of goods seized if no application for return is made

209H   Right of compensation for certain goods disposed of or destroyed

209I   Effect of forfeiture

209J   Immediate disposal of unsafe goods

209K   Disposal of forfeited goods

209L   Service by post

Subdivision GB--Surrender of prescribed prohibited imports

209M   Application of Subdivision

209N   Surrender of goods

209P   Effect of surrender

209Q   Right of compensation in certain circumstances for goods disposed of or destroyed

209R   Disposal of surrendered goods

Subdivision GC--Post - importation permission

209S   Definitions

209T   Application of Subdivision

209U   Power to detain goods

209V   Detained goods to be secured

209W   Requirement to serve detention notice

209X   Matters to be dealt with in detention notices

209Y   Effect of detaining goods

209Z   Evidence not provided or permission not granted or given

209ZA   Evidence provided and permission granted or given

209ZB   Service by post

209ZC   Liability for detention of goods

Subdivision H--Arrest and related matters

210   Power of arrest without warrant

210A   Use of force in making arrest

210B   Person to be informed of grounds of arrest

211   Power to conduct a frisk search of an arrested person

211A   Power to conduct an ordinary search of an arrested person

212   How arrested person to be dealt with

213   Requirement to provide name etc.

Subdivision HA--Information about people working in restricted areas or issued with security identification cards

213A   Providing an authorised officer with information about people working in restricted areas

213B   Provision of information about people issued with security identification cards

Subdivision J--General powers to monitor and audit

214AA   Occupier of premises

214AB   What are monitoring powers ?

214AC   Monitoring officers

214ACA   Monitoring officer to notify occupier of premises of the occupier's rights and obligations

214AD   Notice of proposal to exercise monitoring powers

214AE   Exercise of monitoring powers with consent

214AF   Exercise of monitoring powers under a warrant

214AG   Warrants may be granted by telephone or other electronic means

214AH   Monitoring officer may ask questions

214AI   Monitoring officer may ask for assistance

214AJ   Compensation for damage to electronic equipment

214B   Powers of officers for purposes of Customs Tariff (Anti - Dumping) Act 1975

Subdivision JA--Powers to monitor and audit--Australia - United States Free Trade Agreement

214BAA   Simplified outline

214BAB   Definitions

214BAC   AUSFTA verification powers

214BAD   Appointment of verification officers

214BAE   Verification officers may enter premises and exercise AUSFTA verification powers with consent

214BAF   US customs officials may accompany verification officers

214BAG   Availability of assistance in exercising AUSFTA verification powers

214BAH   Verification officer may ask questions

214BAI   Verification officer may ask for assistance

214BAJ   Verification officer may disclose information to US

214BAK   Operation of electronic equipment at premises

214BAL   Compensation for damage to electronic equipment

Subdivision K--Miscellaneous

214BA   Nature of functions of magistrate under sections   203S and 205E

215   Collector may impound documents

217   Translations of foreign invoices

218   Samples

218A   Disposal of certain abandoned goods

Division   1B--Detention and search of suspects

Subdivision A--Detention and frisk search of suspects

219L   Detention for frisk search

219M   Frisk search

219N   Power to require the production of things

219P   Persons to whom section   219R applies

Subdivision B--Detention and external search of suspects

219Q   Detention for external search

219R   External search

219RAA   Videotape record may be made of external search

Subdivision C--Detention and internal search of persons suspected of internally concealing substances etc.

219RA   Certain Judges and Magistrates eligible to give orders under this Subdivision

219S   Initial detention

219SA   Internal non - medical scan using prescribed equipment

219SB   Seeking detention order following invitation to consent to internal non - medical scan

219T   Initial order for detention

219U   Renewal of order for detention

219V   Arrangement for internal medical search

219W   Detention under this Subdivision

219X   Detainee becoming in need of protection

219Y   Applications for orders under this Subdivision

219Z   Internal medical search by medical practitioner

Subdivision CA--Prescribed equipment for external searches and internal non - medical scans

219ZAA   Use of prescribed equipment for external search or internal non - medical scan

219ZAB   Prescribing equipment for use in external searches and internal non - medical scans

219ZAC   Authorising officers to use prescribed equipment for external search or internal non - medical scan

219ZAD   Giving a record of invitation and consent, or a copy of order

219ZAE   Records of results of external search or internal non - medical scan

Subdivision D--Detention generally

219ZA   Detention officers

219ZB   Detention places

219ZC   Detention under this Division

219ZD   Detainees not fluent in English

219ZE   Release from, or cessation of, detention

Subdivision E--Medical practitioners

219ZF   Conduct of internal medical search

219ZG   Medical practitioner may take action to preserve detainee's life

219ZH   Medical practitioner to answer questions and prepare report

219ZJ   Proceedings against medical practitioners

Division   1BA--Detention and search of persons for purposes of law enforcement co - operation

Subdivision A--Preliminary

219ZJA   Definitions

219ZJAA   Prescribed State or Territory offences

Subdivision B--Powers to detain

219ZJB   Detention of person suspected of committing serious Commonwealth offence or prescribed State or Territory offence

219ZJC   Detention of person subject to warrant or bail condition

219ZJCA   Detention of person for national security or security of a foreign country

Subdivision C--Matters affecting detention generally

219ZJD   Search of person detained under this Division

219ZJE   Comptroller - General of Customs must give directions about detaining persons under this Division

219ZJF   Detainees to be given reasons for detention and shown identification on request

219ZJG   Use of force in relation to detention

219ZJH   Moving detained persons

219ZJI   Detainees not fluent in English

219ZJJ   Detention of minors

Division   1C--Judges and Magistrates

219ZK   Nature of functions of Judge or Magistrate

219ZL   Protection of Judge or Magistrate

Division   2--Protection to officers

220   Reasonable cause for seizure a bar to action

221   Notice of action to be given

222   Defect in notice not to invalidate

223   No evidence to be produced but that contained in notice

224   Officer may tender amends

225   Commencement of proceedings against officers

226   Time for commencing action

227   Security may be required

Division   3--Evidence

227AA   Evidence may be used in prosecutions etc.

Part   XIIA--Special provisions relating to prohibited items

227A   Overview of Part

227B   Definitions

227C   Ships and aircraft to which this Part applies

227D   Items to which this Part applies

227E   Approved storage for prohibited items

227F   Officer may take custody of items

227G   Compensation for damage etc. to items

Part   XIII--Penal Provisions

Division   1--Forfeitures

228   Forfeited ships and aircraft

228A   Forfeited resources installations

228B   Forfeited sea installations

228C   Forfeited offshore electricity installations

229   Forfeited goods

229A   Proceeds of drug trafficking liable to forfeiture

230   Forfeited packages and goods

Division   2--Penalties

231   Assembly for unlawful purposes

232A   Rescuing goods and assaulting officers

233   Smuggling and unlawful importation and exportation

233A   Master not to use or allow use of ship for smuggling etc.

233AB   Penalties for offences against sections   233 and 233A

233BAA   Special offence relating to tier 1 goods

233BAB   Special offence relating to tier 2 goods

233BABAA   UN - sanctioned goods

233BABAB   Special offences for importation of UN - sanctioned goods

233BABAC   Special offences for exportation of UN - sanctioned goods

233BABAD   Offences involving tobacco products

233BABAE   Offence for bringing restricted goods into Australia

233BABAF   Using information held by the Commonwealth

233BABA   Protection from criminal responsibility

233BAC   Evidence relating to approval for import or export

233BA   Evidence of Analyst

233C   Offence for giving false or misleading information in relation to UN - sanctioned goods

234   Customs offences

234AA   Places set aside for purposes of Act

234A   Unauthorised entry to places and on ships, aircraft or wharves

234AB   Unauthorised use of cameras and sound recorders

234ABA   Officers may direct unauthorised persons to leave restricted areas

236   Aiders and abettors

237   Attempts

239   Penalties in addition to forfeitures

240   Commercial documents to be kept

240AA   Authorised officer may require person to produce commercial documents

240AB   Verifying communications to Department

240AC   Authorised officer may require person to produce record

Division   3--Recovery of pecuniary penalties for dealings in narcotic goods

243A   Interpretation

243AB   Effective control of property

243B   Pecuniary penalties

243C   Assessment of pecuniary penalty

243CA   Court may lift corporate veil etc.

243D   Presumption of illegality of importation

243E   Court may make restraining order against property

243F   Court may make further orders

243G   Official Trustee to discharge pecuniary penalty

243H   Revocation of order under section   243E

243J   Pecuniary penalty a charge on property

243K   Contravention of restraining orders

243L   Sale of property before bankruptcy

243M   Duties of the Official Trustee after receiving notice of presentation of creditor's petition etc.

243N   Protection of Official Trustee from personal liability in certain cases

243NA   Indemnification of Official Trustee

243NB   Indemnification of Official Receivers etc.

243P   Costs etc. payable to Official Trustee

243Q   Notices

243R   Reduction of pecuniary penalty

243S   Jurisdiction of the Court

Division   4--Provisions relating to certain strict liability offences

243SA   Failure to answer questions

243SB   Failure to produce documents or records

243SC   Preservation of the privilege against self - incrimination

243T   False or misleading statements resulting in loss of duty

243U   False or misleading statements not resulting in loss of duty

243V   False or misleading statements in cargo reports or outturn reports

243W   Electronic communications to Department to be treated as statements to Comptroller - General of Customs

Division   5--Infringement notices

243X   Infringement notices--general

243Y   Infringement notices--forfeiture of goods that are prohibited imports if infringement notice paid

243Z   Infringement notices--right of compensation in certain circumstances for goods disposed of or destroyed

Part   XIV--Customs prosecutions

244   Meaning of Customs prosecution

245   Institution of prosecutions

247   Prosecutions in accordance with practice rules

248   State Court practice

249   Commencement of prosecutions

250   Information to be valid if in words of Act

250A   Property in goods subject to customs control

251   No objection for informality

252   Conviction not to be quashed

253   Protection to witnesses

254   Defendant competent witness

255   Averment of prosecutor sufficient

256   Proof of proclamation etc.

257   Conduct by directors, employees or agents

259   Collector may levy on goods in his or her possession

261   Imprisonment not to release penalty

263   Parties may recover costs

264   Application of penalties

Part   XV--Tenders for rights to enter goods for home consumption at concessional rates

265   Interpretation

266   Tender schemes

267   Undertakings relating to tenders

268   Transfers of rights to enter goods for home consumption at concessional rates of duty

269   Revocation or variation of undertaking

269A   Recovery of penalties

Part   XVA--Tariff concession orders

Division   1--Preliminary

269B   Interpretation

269C   Interpretation--core criteria

269D   Interpretation--goods produced in Australia

269E   Interpretation--the ordinary course of business

Division   2--Making and processing TCO applications

269F   Making a TCO application

269FA   The applicant's obligation

269G   Withdrawing a TCO application

269H   Screening the application

269HA   Comptroller - General of Customs may reject a TCO application in relation to goods referred to in section   269SJ

269J   Applications taken to be lodged in certain circumstances

269K   Processing a valid application

269L   Amendment of TCO applications

269M   Comptroller - General of Customs may invite submissions or seek other information, documents or material

269N   Reprocessing of TCO applications

Division   3--Making and operation of TCOs

269P   The making of a standard TCO

269Q   The making of a TCO for goods requiring repair

269R   Notification of TCO decisions

269S   Operation of TCOs

269SA   Consequence of commencement or cessation of production before TCO decision

Division   4--Revocation of TCOs

269SB   Request for revocation of TCOs

269SC   Processing requests for revocation of TCOs

269SD   Revocation at the initiative of Comptroller - General of Customs

269SE   Notification of revocation decisions

269SF   Comptroller - General of Customs may seek information, documents or material relating to revocation

269SG   Effect of revocation on goods in transit and capital equipment on order

Division   5--Miscellaneous

269SH   Internal review

269SHA   Administrative Appeals Tribunal Review of reconsideration decisions

269SJ   TCOs not to apply to goods described by reference to their end use or certain goods

269SK   TCOs not to contravene international agreements



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