Commonwealth Numbered Acts

CUSTOMS AMENDMENT ACT (NO. 3) 1980 No. 110 of 1980 - SECT 7

7. After section 49 of the Principal Act the following section is inserted in
Division 1A of Part IV: Ships and aircraft deemed to be imported

"49A. (1) Where-

   (a)  a ship or an aircraft has entered Australia; and

   (b)  a Collector, after making such inquiries as he thinks appropriate, has
        reason to believe that the ship or aircraft might have been imported
        into Australia, he may serve, in accordance with sub-section (4), a
        notice in respect of the ship or aircraft stating that, if the ship or
        aircraft remains in Australia throughout the period of 30 days
        commencing on the day on which the notice was served, the ship or
        aircraft shall be deemed to have been imported into Australia and may
        be forfeited.



"(2) Where a notice under sub-section (1) has been served in respect of a ship
or an aircraft, a Collector, if he considers that, having regard to weather
conditions or any other relevant matter, it is reasonable to do so, may extend
the period specified in the notice by serving, in accordance with sub-section
(4), a notice in respect of the ship or aircraft stating that that period has
been extended and specifying the period by which it has been extended.



"(3) Where a notice under sub-section (1) has been served in respect of a ship
or an aircraft, a Collector may, before the expiration of the period specified
in the notice, or, if that period has been extended under sub-section (2),
that period as extended, revoke that notice by serving, in accordance with
sub- section (4), a notice in respect of the ship or aircraft stating that the
first- mentioned notice is revoked.



"(4) A Collector shall serve a notice under sub-section (1), (2) or (3) in
respect of a ship or an aircraft by causing the notice to be affixed to a
prominent part of the ship or aircraft.



"(5) Where a Collector serves a notice under sub-section (1), (2) or (3) in
respect of a ship or an aircraft, he shall, as soon as practicable after
serving the notice, publish a copy of the notice in-

   (a)  a newspaper circulating generally in the State or Territory in which
        the ship or aircraft is situated, or, in the case of a ship or
        seaplane that is not in a State or Territory, in the State or
        Territory that is adjacent to the place where the ship or seaplane is
        situated; and

   (b)  if that newspaper does not circulate in the locality in which the ship
        or aircraft is situated-a newspaper (if any) circulating in that
        locality.



"(6) Where a Collector who proposes to serve a notice under sub-section (1),
(2) or (3) in respect of a ship or aircraft considers that the person (if any)
in charge of the ship or aircraft is unlikely to be able to read the English
language but is likely to be able to read another language, the Collector
shall, when causing the notice to be affixed to the ship or aircraft, cause a
translation of the notice into a language that that person is likely to be
able to read to be affixed to the ship or aircraft as near as practicable to
the notice.



"(7) Where-

   (a)  a Collector has served a notice under sub-section (1) in respect of a
        ship or aircraft;

   (b)  the Collector has complied with sub-sections (5) and (6) in relation
        to the notice;

   (c)  the notice has not been revoked under sub-section (3);

   (d)  the ship or aircraft has remained in Australia throughout the period
        specified in the notice, or, if that period has been extended under
        sub- section (2), that period as extended; and

   (e)  an entry has not been made in respect of the ship or aircraft during
        that period or that period as extended, as the case requires, the ship
        or aircraft shall, for the purposes of this Act be deemed to have been
        imported into Australia on the expiration of that period or that
        period as extended, as the case requires.



"(8) A reference in this section to Australia shall be read as including a
reference to waters within the limits of any State or internal Territory.".