Commonwealth Consolidated Regulations

CUSTOMS REGULATION 2015 - REG 123

  (1)   This section is made for section   218 of the Act.

  (2)   A sample may only be taken if the circumstances require it.

  (3)   An officer must not consume or make use of a sample except as necessary for the performance of the officer's official duties.

  (4)   All samples of goods under customs control under the Act must be kept in the custody of an officer.

  (5)   However, a sample must be returned to the owner if:

  (a)   the sample is no longer required by the Commonwealth; and

  (b)   the owner of the goods applies to have the sample returned to the owner.

  (6)   Subsection   (7) applies if:

  (a)   notice is given to the owner that a sample may be collected; and

  (b)   the sample is not collected within 14 days after the notice is given.

  (7)   The sample must be:

  (a)   sold by a Collector; or

  (b)   if the sample has no commercial value--destroyed in accordance with the directions of a Collector.