Commonwealth Numbered Regulations

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CUSTOMS AMENDMENT REGULATIONS 2004 (NO. 5) 2004 NO. 259 - SCHEDULE 1

Amendments commencing on 22 September 2004

(regulation 3)

[1] After regulation 97A

insert

97B Declarations by persons who use ACEANS — prescribed day of the month (Act s 114BC)

For paragraph 114BC (b) of the Act, the 7th day of the month is prescribed.

[2] Before regulation 99

insert

98D Application for Certificate of Clearance — prescribed information (Act s 118)

For subsection 118 (3) of the Act, the following information is prescribed:

(a)
a unique identifier assigned to the application by the person communicating it, being an identifier that, if the application is a second or subsequent application for a Certificate of Clearance for a single departure, indicates that fact;

(b)
the Australian Business Number, or the number allocated by Customs, that identifies the person communicating the application;

(c)
whether the application relates to the departure of:

(i)
a ship; or
(ii)
an aircraft;
(d)
the code allocated by Customs (if any) to identify the place from which the ship or aircraft will depart;

(e) if the application relates to a ship:

(i)
the Australian Business Number, or the number allocated by Customs, that identifies the operator for the voyage; and
(ii)
the international vessel identification number of the ship; and
(iii)
the voyage number;
(f)
if the application relates to an aircraft:

(i)
the code allocated by the International Air Transport Association to identify the operator for the flight; and
(ii)
the flight number assigned by the airline to identify the flight;
(g)
the code (UN/LOCODE) allocated by the United Nations Economic Commission for Europe that identifies the first destination port or airport of the ship or aircraft (whether or not in Australia);

(h)
the intended date of departure of the ship or aircraft;

(i)
the intended time of departure of the ship or aircraft.

98E Certificate of Clearance — certain ships and aircraft (Act s 118A)

For subsection 118A (1) of the Act, a ship or aircraft is specified if:

(a)
it is not carrying any goods, other than goods prescribed by regulation 100; and

Note
The goods prescribed by regulation 100 are stores, ballast, certain accompanied baggage and the like.

(b)
it is not a ship or aircraft in respect of which, on its last voyage to Australia from a place outside Australia, a report of cargo was required under section 64AB of the Act from:

(i)
in the case of a ship — the master or owner; or
(ii)
in the case of an aircraft — the pilot or owner.

[3] Regulation 99

substitute

99 Documentary communication and withdrawal of export entries

(1)
A document referred to in subsection 119D (1) of the Act may be sent to the relevant officer in accordance with that subsection:

(a)
if the document is a documentary export entry — by giving the document to a person employed at an authorised Australia Post outlet, for delivery to Customs; or

(b)
if the document is a documentary withdrawal of an export entry — by:

(i)
transmitting the document to Customs by fax at a fax number specified by Customs for the purpose; or
(ii)
posting the document by pre-paid post to a postal address specified by Customs for the purpose.
(2)
An officer referred to in subsection 119D (1) of the Act who receives a document of a kind referred to in that subsection must promptly apply to the document a stamp denoting the time when the officer received it.

(3)
A document to which a stamp has been applied under subregulation (2) is taken, for the purposes of

subsection 119D (1) of the Act, to have been communicated to Customs at the time of receipt denoted by the stamp.

(4)
In this regulation, authorised Australia Post outlet means an outlet:

(a)
owned and operated by Australia Post; or

(b)
licensed by Australia Post to a third party licensee, and operated by a licensee or manager who meets the `Gatekeeper' criteria for accreditation of registration authorities managed by the Australian Government Information Management Office.

Note 1
A list of Australia Post outlets that operate the `Gatekeeper' system may be found at http://www.customs.gov.au.
Note 2
Information about the `Gatekeeper' system may be found at the following website in the document "Gatekeeper Criteria for Accreditation of Registration Authorities":
http://www.agimo.gov.au/infrastructure/gatekeeper/accreditation.

[4] Regulations 102 and 103

substitute

102 Permission for clearance

For section 122 of the Act, a Certificate of Clearance may be granted in respect of a ship only if:

(a)
an application for the certificate has been made under subsection 118 (2) or (5) of the Act; and

(b)
an application has been made in accordance with Form 40.



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