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CUSTOMS AMENDMENT ACT (NO. 3) 1980 No. 110 of 1980 - SECT 28

28. (1) Before section 274 of the Principal Act the following sections are
inserted in Part XVII: Review of decisions

"273GA. (1) Subject to this section, applications may be made to the
Administrative Appeals Tribunal for review of-

   (a)  a demand made by a Collector under section 35A;

   (b)  a decision of the Comptroller or a Collector for the purposes of Part
        V;

   (c)  a decision by the Minister under section 119 not to grant a
        Certificate of Clearance;

   (d)  a refusal by a Collector under section 126;

   (e)  quota orders, and variations of quota orders, made by the Minister
        under sections 132B and 132C;

   (f)  a direction of the Minister under paragraph (a) of sub-section (8) of
        section 151;

   (g)  a decision of the Collector under section 151A;

   (h)  a specification of the Minister under sub-section (4) of section 157;

   (j)  a direction by the Minister under section 164B; and

   (k)  a decision of the Minister, the Comptroller, or a Collector for the
        purposes of Part XI.



"(2) Where a dispute referred to in sub-section (1) of section 167 has arisen
and the owner of the goods has, in accordance with that sub-section, paid
under protest the sum demanded by the Collector, an application may be made to
the Tribunal for review of the demand made by the Collector for that sum.



"(3) Sub-section (3) of section 119 does not apply where a Certificate of
Clearance is granted to the ship or aircraft referred to in that sub-section
as a result of a review by the Tribunal.



"(4) A person is not entitled to apply for a review under section 132E of a
quota order, or a variation of a quota order, if an application may be made to
the Tribunal under paragraph (e) of sub-section (1) in respect of the quota
order or the variation, as the case may be.



"(5) An application may not be made to the Tribunal under sub-section (2)
unless the application is made within the time specified in paragraph (a) or
(b) of sub-section (4) of section 167, whichever is appropriate.



"(6) Where the owner of goods has made an application to the Tribunal under
sub-section (2), he is not entitled to bring an action under sub-section (2)
of section 167.



"(7) Where, on an application made under sub-section (2), the Tribunal has
made a decision reviewing a demand made by the Collector, the proper duty
payable in respect of the goods concerned shall be deemed to be-

   (a)  the sum determined to be the proper duty by, or ascertained to be the
        proper duty in accordance with-

        (i)    the decision of the Tribunal; or

        (ii)   an order of a court on appeal from that decision; or

   (b)  the sum paid under protest, whichever is the less.



"(8) In this section, 'decision' has the same meaning as in the
Administrative Appeals Tribunal Act 1975. Review of decisions under Customs
Tariff Act

"273H. Applications may be made to the Administrative Appeals Tribunal for
review of-

   (a)  a direction given by the Minister under section 7 of the Customs
        Tariff Act 1966; and

   (b)  determinations made by the Minister under sections 8 and 31 of the
        Customs Tariff Act 1966.".

(2) The Schedule to the Administrative Appeals Tribunal Act 1975 is amended by
omitting Parts XII and XIV.

(3) Notwithstanding the amendments made by sub-section (2), applications may
be made in accordance with the provisions omitted by that sub-section in
respect of decisions made before the commencement of that sub-section. 


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