Commonwealth Numbered Regulations

1994 No. 274 QUARANTINE (GENERAL) REGULATIONS (AMENDMENT) - REG 4

4.1 After Part 1, insert:

"PART 1A-NOTICES OF IMPORTATION AND CLEARANCE OF GOODS ETC. Notice of
importation of goods-exempt goods

"5A. (1) For the purposes of subsection 16AC (3) of the Act, if goods are
imported in the circumstance that the goods are of a kind to which paragraph
68 (1) (d), (e), (f) or (i) of the Customs Act 1901 refers, subsection 16AC
(2) of the Act does not apply to the goods unless, under section 71 of the
Customs Act 1901, the Customs Regulations requires information to be given in
respect of goods of that kind.



"(2) For the purposes of subsection 16AC (3) of the Act, if goods are imported
into the Cocos Islands in the circumstance that:

   (a)  the goods are listed in the cargo manifest of the ship or aircraft in
        which the goods are imported; and

   (b)  a copy of the manifest has been given to an officer; and

   (c)  the goods are not released by the carrier to the importer or to any
        other person until permission is given by an officer; subsection 16AC
        (2) of the Act does not apply to the goods. (NOTE: Other notification
        of goods referred to in this regulation may be required by other
        provision under the Act or in the Quarantine (Animals) Regulations,
        the Quarantine (Plants) Regulations or the Quarantine (Cocos Islands)
        Regulations.)

Manner of giving notice about importation or proposed importation

"5B. For the purpose of subsection 16AC (4) of the Act, notice under section
16AC of the Act may be given only in one of the following ways:

   (a)  by entering the goods for home consumption in accordance with the
        Customs Act 1901;

   (b)  by entering the goods for warehousing in accordance with the
        Customs Act  1901 ;

   (c)  by entering the goods for transhipment in accordance with the Customs 
        Act 1901 ;

   (d)  for goods that, under the Customs Act 1901, are exempt from the
        requirement to be entered under subsection 68 (2) or (3) of that
        Act-by making a written declaration, or giving a written or electronic
        notice, in a form acceptable to Customs and to the satisfaction of
        Customs;

   (e)  for containers (within the meaning of the Customs Act 1901)-by giving
        to an officer, or a Customs officer, a copy of the manifest of the
        ship or aircraft conveying the container;

   (f)  for goods imported, or proposed to be imported, into the Cocos
        Islands:

        (i)    by supplying a copy of the manifest of the ship or aircraft
               conveying the goods; or

        (ii)   by giving notice in written or electronic form in accordance
               with subregulation 5D (4). (NOTE: Goods of a kind referred to
               in paragraph (d) may be affected by subsection 71 (1) of the
               Customs Act 1901 and be required to be notified to Customs in a
               particular manner and form)

Information to be included in notice about importation or proposed importation

"5C. A notice under section 16AC must contain the information, relating to the
goods concerned, that is specified in Schedule 2 unless:

   (a)  it is a notice referred to in regulation 5B that:

        (i)    is given to Customs; and

        (ii)   contains the information required by Customs to be included in
               a notice of that kind; or

   (b)  it is a manifest referred to in paragraph 5B (e) that, in respect of
        the container concerned, is complete and accurate in its information.

What constitutes giving of notice under section 16AC?

"5D. (1) For the purpose of paragraph 16AC (5) (b) of the Act, the lodging of
an entry under section 71A of the Customs Act 1901 and in accordance with
section 71K or 71L of that Act, as appropriate, in respect of the goods to
which the entry relates, is taken to constitute the giving of notice under
section 16AC.



"(2) In subregulation (1), "entry" is taken to include the giving of a
document or information requested under section 71D of the Customs Act 1901.



"(3) For the purpose of paragraph 16AC (5) (a) of the Act, notice is taken to
be given under section 16AC of goods that, under the Customs Act 1901, are
exempt from the requirement to be entered under subsection 68 (2) or (3) of
that Act if:

   (a)  despite the exemption, or because of the operation of section 71 of
        the Customs Act 1901, the appropriate notice, in accordance with
        regulation 5B, is given to a Customs officer; or

   (b)  a notice that complies with regulation 5C is given to an officer:

        (i)    by electronic means, in a form that can be readily transcribed
               by the officer; or

        (ii)   in writing; or

   (c)  a manifest referred to in paragraph 5B (e) that complies with
        paragraph 5C (b) is given to an officer or a Customs officer. (NOTE:
        Paragraph (a) takes account of, for example, goods affected by
        subsection 71 (1) of the Customs Act 1901 )



"(4) Notice is taken to be given of goods imported into the Cocos Islands if:

   (a)  the notice is given to an officer:

        (i)    by electronic means, in a form that can be readily transcribed
               by the officer; or

        (ii)   in writing; and

   (b)  the notice complies with regulation 5C.

Evidence of giving of notices or information

"5E. (1) If a notice is given to Customs:

   (a)  of the proposed importation of goods, under subsection 16AC (1) of the
        Act; or

   (b)  of the importation of goods, under subsection 16AC (2) of the Act;
        evidence that the notice was given may be adduced in proceedings in a
        court or tribunal by producing to the court or tribunal a copy of the
        import entry advice or acknowledgment of return transmitted by Customs
        under subsection 71L (2) of the Customs Act 1901 in relation to the
        notice.



"(2) If, in response to a notice under section 16AD of the Act, information is
given to Customs by electronic means, evidence that the information was given
may be adduced in proceedings in a court or tribunal by producing to the court
or tribunal a copy of the import entry advice or acknowledgment of return
transmitted by Customs under subsection 71L (2) of the Customs Act 1901 in
relation to the information.



"(3) If the notice or other information is given to Customs by means other
than electronic, evidence that the notice or other information was given may
be adduced in proceedings in a court or tribunal by producing to the court or
tribunal a copy of the import entry advice or other acknowledgment issued by a
Customs officer, or an officer, in relation to the notice or other
information.



"(4) In subregulation (2), 'copy' means a copy in printed form or, subject to
any order or direction of the Court or Tribunal, in electronic form.



"(5) Nothing in this regulation precludes adducing other evidence that a
notice or information has or has not been given.".