2004-2005-2006 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 (Justice and Customs) A Bill for an Act to amend the law relating to customs, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 3 Schedule 1--Import controls 4 Customs Act 1901 4 Schedule 2--Goods claimed to be produce or manufacture of Singapore 21 Customs Act 1901 21 i Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 [Page Break] 1 customs, and for related purposes 2 The Parliament of Australia enacts: 3 1 Short title 4 This Act may be cited as the Customs Legislation Amendment 5 (Modernising Import Controls and Other Measures) Act 2006. 6 2 Commencement 7 (1) Each provision of this Act specified in column 1 of the table 8 commences, or is taken to have commenced, in accordance with 9 column 2 of the table. Any other statement in column 2 has effect 10 according to its terms. 11 12 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1, A single day to be fixed by Proclamation. items 1 to 4 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 3. Schedule 1, The later of: item 5 (a) at the same time as the provision(s) covered by table item 2; and (b) immediately after the commencement of item 1 of Schedule 7 to the Customs Legislation Amendment (Border Compliance and Other Measures) Act 2006. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedule 1, At the same time as the provision(s) covered items 6 to 37 by table item 2. 5. Schedule 2 The later of: (a) the day after this Act receives the Royal Assent; and (b) the day on which Articles 11 and 12 of Chapter 3 of the Singapore-Australia Free Trade Agreement, as re-tabled in the House of Representatives on 31 May 2005, come into force for Australia. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. The Minister must announce by notice in the Gazette the day on which the Articles come 2 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details into force for Australia. Note: This table relates only to the provisions of this Act as originally 1 passed by the Parliament and assented to. It will not be expanded to 2 deal with provisions inserted in this Act after assent. 3 (2) Column 3 of the table contains additional information that is not 4 part of this Act. Information in this column may be added to or 5 edited in any published version of this Act. 6 3 Schedule(s) 7 Each Act that is specified in a Schedule to this Act is amended or 8 repealed as set out in the applicable items in the Schedule 9 concerned, and any other item in a Schedule to this Act has effect 10 according to its terms. 11 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 3 [Page Break] 1 Schedule 1--Import controls 2 3 Customs Act 1901 4 1 Subsection 64AB(12) 5 Before "Division 5", insert "Subdivision A of". 6 2 Paragraph 71AAAR(2)(a) 7 Before "Division 5", insert "Subdivision A of". 8 3 Paragraph 71H(2)(a) 9 Before "Division 5", insert "Subdivision A of". 10 4 Subsection 119B(2A) 11 Before "Division 5", insert "Subdivision A of". 12 5 Paragraph 203(3)(e) 13 Before "Division 5", insert "Subdivision A of". 14 6 Paragraph 205A(d) 15 After "return of the goods", insert "may be made and a claim". 16 7 After paragraph 205A(d) 17 Insert: 18 (da) a statement that a claim for the return of the goods cannot be 19 made if: 20 (i) an infringement notice for an offence in relation to the 21 importation of the goods has been served with the 22 seizure notice; and 23 (ii) the penalty specified in the infringement notice is paid 24 within the period within which, or by the time by which, 25 the penalty is required to be paid; and 26 (iii) the infringement notice is not withdrawn; 27 8 Paragraph 205A(e) 28 Omit "made such a claim", substitute "made a claim for the return of 29 the goods". 30 4 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 [Page Break] 9 Subsection 205B(1) 1 Omit "If", substitute "Subject to subsection (1A), if". 2 10 After subsection 205B(1) 3 Insert: 4 (1A) A claim may not be made for the return of goods that have been 5 taken to be condemned as forfeited to the Crown under 6 section 243ZK. 7 11 After paragraph 205C(b) 8 Insert: 9 (ba) a claim for the return of the goods may be made under 10 section 205B; and 11 12 After paragraph 205D(1)(a) 12 Insert: 13 (aa) a claim for the return of the goods may be made under 14 section 205B; and 15 13 After paragraph 205D(2)(a) 16 Insert: 17 (aa) the goods have been taken to be condemned as forfeited to 18 the Crown under section 243ZK; or 19 14 After Subdivision GA of Division 1 of Part XII 20 Insert: 21 Subdivision GB--Surrender of prescribed prohibited imports 22 209M Application of Subdivision 23 This Subdivision applies to goods that are prohibited imports of a 24 kind prescribed by regulations made for the purposes of this 25 section. 26 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 5 [Page Break] 209N Surrender of goods 1 (1) An officer of Customs may, instead of seizing goods under 2 section 203B, permit a person to surrender the goods to the officer 3 in a section 234AA place if: 4 (a) the officer has reasonable grounds to believe that the goods: 5 (i) have been imported by the person; and 6 (ii) have not been concealed from Customs by the person; 7 and 8 (iii) are accompanied personal or household effects of the 9 person; and 10 (b) the person has been informed by the officer, in writing, of the 11 available options for dealing with the goods and the 12 consequences of exercising each of those options; and 13 (c) the person has indicated to Customs, in writing, that he or she 14 intends to surrender the goods; and 15 (d) the officer has indicated to the person that the goods may be 16 surrendered to the officer. 17 (2) Without limiting the meaning of concealed in 18 subparagraph (1)(a)(ii), a person is taken to have concealed goods 19 from Customs if the person was required to give information about 20 the goods to Customs in accordance with section 71, 71K or 71L 21 and the person failed to do so. 22 209P Effect of surrender 23 If goods are surrendered under section 209N: 24 (a) proceedings cannot be brought for an offence against this Act 25 in relation to the importation of the goods; and 26 (b) the goods are taken to be condemned as forfeited to the 27 Crown, such that the title to the goods immediately vests in 28 the Commonwealth to the exclusion of all other interests in 29 the goods and the title cannot be called into question. 30 209Q Right of compensation in certain circumstances for goods 31 disposed of or destroyed 32 (1) Despite the disposal or destruction of goods taken to be condemned 33 as forfeited to the Crown because the goods have been surrendered 34 6 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 [Page Break] under section 209N, a person may apply to a court of competent 1 jurisdiction under this section for compensation. 2 (2) A right to compensation exists if: 3 (a) the goods were not prohibited imports; and 4 (b) the goods were not used or otherwise involved in the 5 commission of an offence; and 6 (c) the person establishes, to the satisfaction of the court, that he 7 or she is the rightful owner of the goods. 8 (3) If a right to compensation exists under subsection (2), the court 9 must order the payment by the Commonwealth to the person of an 10 amount equal to the market value of the goods at the time of their 11 disposal or destruction. 12 209R Disposal of surrendered goods 13 All goods surrendered under section 209N must be dealt with and 14 disposed of in accordance with the directions of the CEO. 15 Subdivision GC--Post-importation permission 16 209S Definitions 17 (1) In this Subdivision: 18 application period, for goods that have been detained under 19 section 209U, means the period that, in accordance with 20 subparagraph 209X(1)(d)(i), is specified in the detention notice 21 identifying the goods. 22 detention notice means a notice of the kind mentioned in 23 section 209X. 24 grant period, for goods that have been detained under 25 section 209U, means the period that, in accordance with 26 subparagraph 209X(1)(d)(ii), is specified in the detention notice 27 identifying the goods. 28 (2) If regulations made under section 50 provide that the importation 29 of goods is prohibited unless a licence, permission, consent, 30 approval or other document (however described) is granted or 31 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 7 [Page Break] given, then the licence, permission, consent, approval or other 1 document is a required permission to import the goods. 2 209T Application of Subdivision 3 This Subdivision applies to goods that are prohibited imports of a 4 kind prescribed by regulations made for the purposes of this 5 section. 6 209U Power to detain goods 7 (1) An officer of Customs may, instead of seizing goods under 8 section 203B, detain the goods if: 9 (a) the goods have been imported without one or more required 10 permissions to import the goods having been granted or 11 given; and 12 (b) any other conditions or restrictions specified in regulations 13 made under section 50 in respect of the importation of the 14 goods have been complied with; and 15 (c) the officer has reasonable grounds to believe that: 16 (i) the goods have not been concealed from Customs by the 17 person who imported them; and 18 (ii) no application for any of the required permissions to 19 import the goods has previously been refused; and 20 (d) if the goods are accompanied personal or household effects 21 of the person--the person: 22 (i) has been informed by the officer, in writing, of the 23 available options for dealing with the goods and the 24 consequences of exercising each of those options; and 25 (ii) has indicated to Customs, in writing, that he or she has 26 applied, or intends to apply, for each of the required 27 permissions to import the goods that have not already 28 been granted or given. 29 (2) Without limiting the meaning of concealed in 30 subparagraph (1)(c)(i), a person is taken to have concealed goods 31 from Customs if the person was required to give information about 32 the goods to Customs in accordance with section 71, 71K or 71L 33 and the person failed to do so. 34 8 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 [Page Break] 209V Detained goods to be secured 1 (1) In this section: 2 approved place, in relation to goods detained under section 209U, 3 means a place approved by a Collector as a place for the storage of 4 goods of that kind. 5 (2) If an officer of Customs detains goods under section 209U, the 6 officer must, as soon as practicable, take those goods to an 7 approved place. 8 209W Requirement to serve detention notice 9 (1) If an officer of Customs detains goods under section 209U, the 10 officer must serve, within 7 days after the day on which the goods 11 were detained, a detention notice on: 12 (a) the owner of the goods; or 13 (b) if the owner cannot be identified after reasonable inquiry-- 14 the person in whose possession or under whose control the 15 goods were when they were detained. 16 (2) The notice must be in writing and must be served: 17 (a) personally or by post; or 18 (b) if no person of the kind referred to in paragraph (1)(a) or (b) 19 can be identified after reasonable inquiry--by publishing a 20 copy of the notice in a newspaper circulating in the location 21 in which the goods were detained. 22 (3) A detention notice may be served on a person who is outside 23 Australia. 24 209X Matters to be dealt with in detention notices 25 (1) A detention notice must set out the following: 26 (a) a statement identifying the goods; 27 (b) the day on which the goods were detained; 28 (c) the ground, or each of the grounds, on which the goods were 29 detained; 30 (d) a statement that the goods will be taken to be seized if: 31 (i) written evidence of the making of an application for 32 each required permission to import the goods that was 33 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 9 [Page Break] not granted or given by the time the goods were 1 imported is not provided to Customs by the end of a 2 specified period (the application period); or 3 (ii) not all of the required permissions to import the goods 4 are granted, or given, by the end of a specified period 5 (the grant period); or 6 (iii) during the application period or the grant period, the 7 owner of the goods notifies Customs, in writing, that an 8 application for a required permission to import the 9 goods has been refused; 10 (e) a statement that, if the goods are taken to be seized because 11 written evidence is not provided to Customs by the end of the 12 application period, the goods will be taken to be seized on the 13 day after the end of the application period; 14 (f) a statement that, if the goods are taken to be seized because 15 not all of the required permissions to import the goods are 16 granted, or given, by the end of the grant period, the goods 17 will be taken to be seized on the day after the end of the grant 18 period; 19 (g) a statement that, if the goods are taken to be seized because 20 during the application period or the grant period the owner of 21 the goods notifies Customs, in writing, that an application for 22 a required permission to import the goods has been refused, 23 the goods will be taken to be seized on the day after Customs 24 is so notified; 25 (h) the ground, or each of the grounds, on which the goods will 26 be taken to be seized; 27 (i) a statement that, if the goods are taken to be seized and a 28 claim for the return of the goods has not already been made, 29 and is not made within 30 days after the day the goods are 30 taken to be seized, the goods will be taken to be condemned 31 as forfeited to the Crown; 32 (j) if the notice is to be served in a foreign country--a statement 33 that the person served, if that person has not yet made a claim 34 for the return of the goods, may not make such a claim unless 35 he or she has first appointed in writing an agent in Australia 36 with authority to accept service of documents, including 37 process in any proceedings arising out of the matter. 38 (2) The application period specified in a detention notice under 39 subparagraph (1)(d)(i) must be the period that: 40 10 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 [Page Break] (a) starts on the day that the notice is served; and 1 (b) ends 30 days, or such other period as is prescribed by the 2 regulations, after that day. 3 (3) The grant period specified in a detention notice under 4 subparagraph (1)(d)(ii) must be the period that: 5 (a) starts on the day written evidence of the making of an 6 application for a required permission to import the goods is 7 first provided to Customs; and 8 (b) ends 30 days, or such other period as is prescribed by the 9 regulations, after the first day on which written evidence of 10 the making of an application for all of the required 11 permissions to import the goods that were not granted, or 12 given, by the time the goods were imported has been 13 provided to Customs. 14 209Y Effect of detaining goods 15 While goods are detained under section 209U: 16 (a) an application for a required permission to import the goods 17 may be made; and 18 (b) a required permission to import the goods may be granted or 19 given; 20 despite the goods having already been imported. 21 209Z Evidence not provided or permission not granted or given 22 (1) This section applies if: 23 (a) goods have been detained under section 209U; and 24 (b) a detention notice identifying the goods has been served; and 25 (c) any of the following apply: 26 (i) written evidence of the making of an application for 27 each required permission to import the goods that was 28 not granted, or given, by the time the goods were 29 imported has not been provided to Customs by the end 30 of the application period for the goods; 31 (ii) not all of the required permissions to import the goods 32 have been granted, or given, by the end of the grant 33 period for the goods; 34 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 11 [Page Break] (iii) during the application period, or the grant period, for the 1 goods, the owner of the goods has notified Customs, in 2 writing, that an application for a required permission to 3 import the goods has been refused. 4 (2) If the goods are at an approved place within the meaning of 5 section 209V, they cease to be detained under section 209U and are 6 taken to be seized under section 203B on: 7 (a) if, during the application period, the owner of the goods 8 notified Customs, in writing, that an application for a 9 required permission to import the goods was refused--the 10 day after Customs was so notified; or 11 (b) if paragraph (a) does not apply and written evidence of the 12 making of an application for each required permission to 13 import the goods that was not granted, or given, by the time 14 the goods were imported was not provided by the end of the 15 application period--the day after the end of the application 16 period; or 17 (c) if paragraphs (a) and (b) do not apply and, during the grant 18 period, the owner of the goods notified Customs, in writing, 19 that an application for a required permission to import the 20 goods was refused--the day after Customs was so notified; 21 or 22 (d) if paragraphs (a), (b) and (c) do not apply and not all of the 23 required permissions to import the goods were granted, or 24 given, by the end of the grant period--the day after the end 25 of the grant period. 26 (3) The detention notice is also taken to be a seizure notice that: 27 (a) is in accordance with section 205A; and 28 (b) was served: 29 (i) under section 205 by the responsible person; and 30 (ii) on the day the goods are taken to be seized. 31 209ZA Evidence provided and permission granted or given 32 (1) This section applies if: 33 (a) goods have been detained under section 209U; and 34 (b) a detention notice identifying the goods has been served; and 35 (c) written evidence of the making of an application for each 36 required permission to import the goods that was not granted, 37 12 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 [Page Break] or given, by the time the goods were imported has been 1 provided to Customs by the end of the application period for 2 the goods; and 3 (d) all the required permissions to import the goods have been 4 granted, or given, on or before the end of the grant period for 5 the goods. 6 (2) An officer of Customs must return the goods to the owner. 7 (3) At the time the last required permission to import the goods is 8 granted or given, the goods cease to be prohibited imports. 9 (4) Proceedings cannot be brought for an offence against this Act in 10 relation to the importation of the goods. 11 209ZB Service by post 12 For the purposes of the application of section 29 of the Acts 13 Interpretation Act 1901 to the service by post of a detention notice 14 under this Subdivision on a person, such a notice posted as a letter 15 addressed to that person at the last address of that person known to 16 the sender is taken to be properly addressed. 17 209ZC Liability for detention of goods 18 Neither the Commonwealth nor an officer or other person is under 19 any liability in relation to the detention of any goods under this 20 Subdivision for which there was reasonable cause. 21 15 Subparagraph 243T(4)(c)(i) 22 Before "Division 5", insert "Subdivision A of". 23 16 Subparagraph 243T(4)(d)(i) 24 Before "Division 5", insert "Subdivision A of". 25 17 Paragraph 243T(4A)(b) 26 Before "Division 5", insert "Subdivision A of". 27 18 Paragraph 243U(4A)(b) 28 Before "Division 5", insert "Subdivision A of". 29 19 Before section 243X 30 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 13 [Page Break] Insert: 1 Subdivision A--Penalties in lieu of prosecution for offences 2 relating to false statements, cargo reporting, 3 movement of goods etc. 4 20 Subsection 243X(1) 5 Omit "Division", substitute "Subdivision". 6 Note: The heading to section 243X is altered by omitting "Division" and substituting 7 "Subdivision". 8 21 Subsection 243XA(1) 9 Omit "Division" (wherever occurring), substitute "Subdivision". 10 22 Subsection 243Y(1) 11 Omit "Division", substitute "Subdivision". 12 23 Subsection 243Y(2) 13 After "infringement notice", insert "served under this Subdivision". 14 24 Subsection 243Y(3) 15 After "infringement notice", insert "served under this Subdivision". 16 25 Subsection 243Z(1) 17 After "infringement notice" (first occurring), insert "served under this 18 Subdivision". 19 26 Paragraph 243Z(2)(a) 20 Omit "Division", substitute "Subdivision". 21 27 Subsection 243Z(3) 22 After "infringement notice", insert "served under this Subdivision". 23 28 Subsection 243ZA(1) 24 After "served", insert "under this Subdivision". 25 29 Subsection 243ZA(2) 26 After "a person", insert "under this Subdivision". 27 14 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 [Page Break] 30 Subsection 243ZA(3) 1 After "infringement notice" (first occurring), insert "served under this 2 Subdivision". 3 31 Paragraph 243ZA(3)(c) 4 After "infringement notice", insert "under this Subdivision". 5 32 Paragraph 243ZB(1)(a) 6 After "a person", insert "under this Subdivision". 7 33 Section 243ZC 8 Omit "Division", substitute "Subdivision". 9 34 Section 243ZD 10 Omit "Division", substitute "Subdivision". 11 35 Subsection 243ZE(3) 12 Omit "Division" (wherever occurring), substitute "Subdivision". 13 36 At the end of Division 5 of Part XIII 14 Add: 15 Subdivision B--Penalties in lieu of prosecution for offences 16 relating to prohibited imports, restricted areas etc. 17 243ZF Application of Subdivision 18 This Subdivision applies to an offence against, or an offence for a 19 contravention of: 20 (a) paragraph 233(1)(b), if the offence relates to goods that are 21 prohibited imports of a kind prescribed by regulations made 22 for the purposes of this section; or 23 (b) subsection 234A(1); or 24 (c) subsection 234AB(3). 25 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 15 [Page Break] 243ZG Guidelines for serving infringement notices 1 The CEO must, by legislative instrument, make guidelines in 2 respect of the administration of this Subdivision to which he or she 3 must have regard when exercising powers under this Subdivision. 4 243ZH When an infringement notice can be served 5 (1) If the CEO has reasonable grounds to believe that: 6 (a) a person has committed an offence; and 7 (b) for an offence covered by paragraph 243ZF(a)--the person 8 concealed, from Customs, the goods to which the offence 9 relates; 10 then the CEO may cause an infringement notice to be served on the 11 person in accordance with this Subdivision. 12 (2) An infringement notice for an offence covered by paragraph 13 243ZF(a) does not have any effect unless it is served on the person: 14 (a) if the person to be served is in a section 234AA place-- 15 before the person leaves the section 234AA place for the first 16 time after the alleged offence occurs; or 17 (b) if the person to be served is not in a section 234AA place and 18 the goods to which the offence relates have been seized under 19 section 203B--with the seizure notice served under 20 section 205 in respect of the goods. 21 (3) An infringement notice for an offence covered by paragraph 22 243ZF(b) or (c) does not have any effect unless it is served within 23 one year after the day on which the offence is alleged to have been 24 committed. 25 (4) Without limiting the meaning of concealed in paragraph (1)(b), a 26 person is taken to have concealed goods from Customs if the 27 person was required to give information about the goods to 28 Customs in accordance with section 71, 71K or 71L and the person 29 failed to do so. 30 243ZI Matters to be included in an infringement notice 31 (1) An infringement notice served under this Subdivision must: 32 (a) state the name of the person on whom it is to be served; and 33 (b) state that it is being served on behalf of the CEO; and 34 16 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 [Page Break] (c) state: 1 (i) the nature of the alleged offence; and 2 (ii) the time (if known) and date on which, and the place at 3 which, the offence is alleged to have been committed; 4 and 5 (iii) the maximum penalty that a court could impose for the 6 alleged offence; and 7 (d) specify that a penalty of 2 penalty units is payable under the 8 notice in respect of the alleged offence; and 9 (e) state that, if the person on whom the notice is served does not 10 wish the matter to be dealt with by a court, the person may 11 pay to the CEO the amount of the penalty specified in the 12 notice: 13 (i) if the notice is served on the person in a section 234AA 14 place and relates to an alleged offence covered by 15 paragraph 243ZF(a)--before the person leaves the place 16 for the first time after the notice is served; or 17 (ii) in any other case--within 28 days after the date of 18 service of the notice; and 19 (f) state that compliance with the notice is not an admission of 20 guilt or liability; and 21 (g) if the notice relates to an alleged offence covered by 22 paragraph 243ZF(a)--state that, if the penalty specified in the 23 notice is paid and the notice is not withdrawn, the goods to 24 which the offence relates will be taken to be condemned as 25 forfeited to the Crown such that: 26 (i) the title to the goods immediately vests in the 27 Commonwealth to the exclusion of all other interests in 28 the goods, and the title cannot be called into question; 29 and 30 (ii) a claim for the return of the goods cannot be made; and 31 (iii) if the penalty is paid after a claim for the return of the 32 goods is made, the goods cannot be returned; and 33 (h) state that the person may make written representations to the 34 CEO seeking the withdrawal of the notice. 35 (2) An infringement notice served under this Subdivision may contain 36 any other matters that the CEO considers necessary. 37 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 17 [Page Break] 243ZJ Withdrawal of infringement notice 1 (1) A person on whom an infringement notice has been served under 2 this Subdivision may make written representations to the CEO 3 seeking the withdrawal of the notice. 4 (2) The CEO may withdraw an infringement notice served on a person 5 under this Subdivision (whether or not the person has made 6 representations seeking the withdrawal) by causing written notice 7 of the withdrawal to be served on the person within the period 8 within which, or by the time by which, the penalty specified in the 9 infringement notice is required to be paid. 10 (3) The matters to which the CEO may have regard in deciding 11 whether or not to withdraw an infringement notice served under 12 this Subdivision include, but are not limited to, the following: 13 (a) whether the person has previously been convicted of an 14 offence for a contravention of this Act; 15 (b) the circumstances in which the offence specified in the notice 16 is alleged to have been committed; 17 (c) whether the person has previously been served with an 18 infringement notice under this Subdivision in respect of 19 which the person paid the penalty specified in the notice; 20 (d) any written representations made by the person. 21 (4) If: 22 (a) the person pays the penalty specified in an infringement 23 notice served under this Subdivision within the period within 24 which, or by the time by which, the penalty is required to be 25 paid; and 26 (b) the notice is withdrawn after the person pays the penalty; 27 the CEO must refund to the person, out of money appropriated by 28 the Parliament, an amount equal to the amount paid. 29 243ZK What happens if the infringement notice penalty is paid 30 (1) This section applies if: 31 (a) an infringement notice is served on a person under this 32 Subdivision; and 33 (b) the person pays the penalty specified in the notice before the 34 end of the period, or by the time, referred to in paragraph 35 243ZI(1)(e); and 36 18 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 [Page Break] (c) the infringement notice is not withdrawn. 1 (2) Any liability of the person for the offence specified in the notice is 2 taken to be discharged. 3 (3) Further proceedings cannot be taken against the person for the 4 offence. 5 (4) The person is not regarded as having been convicted of the offence. 6 (5) If the offence specified in the notice is an offence covered by 7 paragraph 243ZF(a), the goods are taken to be condemned as 8 forfeited to the Crown, such that the title to the goods immediately 9 vests in the Commonwealth to the exclusion of all other interests in 10 the goods, and the title cannot be called into question. 11 Note: A right to compensation exists in certain circumstances for goods that 12 are disposed of or destroyed (see section 243ZN). 13 243ZL More than one infringement notice may not be served for the 14 same offence 15 This Subdivision does not permit the service of more than one 16 infringement notice on a person for the same offence. 17 243ZM Infringement notice not required to be served 18 This Subdivision does not: 19 (a) require an infringement notice to be served on a person in 20 relation to an offence; or 21 (b) affect the liability of a person to be prosecuted for an offence 22 if: 23 (i) an infringement notice is not served on the person in 24 relation to the offence; or 25 (ii) an infringement notice served on the person in relation 26 to the offence has been withdrawn; or 27 (c) affect the liability of a person to be prosecuted for an offence 28 if the person does not comply with an infringement notice 29 served on the person in relation to the offence; or 30 (d) limit the amount of the penalty that may be imposed by a 31 court on a person convicted of an offence. 32 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 19 [Page Break] 243ZN Right of compensation in certain circumstances for goods 1 disposed of or destroyed 2 (1) Despite the disposal or destruction of goods taken to be condemned 3 as forfeited to the Crown under section 243ZK because the penalty 4 specified in an infringement notice was paid, a person may apply to 5 a court of competent jurisdiction under this section for 6 compensation. 7 (2) A right to compensation exists if: 8 (a) the goods were not prohibited imports; and 9 (b) the goods were not used or otherwise involved in the 10 commission of an offence; and 11 (c) the person establishes, to the satisfaction of the court, that he 12 or she is the rightful owner of the goods. 13 (3) If a right to compensation exists under subsection (2), the court 14 must order the payment by the Commonwealth to the person of an 15 amount equal to the market value of the goods at the time of their 16 disposal or destruction. 17 243ZO Disposal of forfeited goods 18 All goods that are condemned as forfeited to the Crown under this 19 Subdivision must be dealt with and disposed of in accordance with 20 the directions of the CEO. 21 37 Application 22 (1) The amendment made by item 14 of this Schedule applies in relation to 23 goods imported into Australia on or after the commencement of this 24 item. 25 (2) The amendment made by item 36 of this Schedule applies in relation to 26 offences alleged to have been committed on or after the commencement 27 of this item. 28 20 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 [Page Break] 1 Schedule 2--Goods claimed to be produce or 2 manufacture of Singapore 3 4 Customs Act 1901 5 1 Subsection 153VE(1) 6 Repeal the subsection, substitute: 7 Certificate of Origin 8 (1) Goods claimed to be the produce or manufacture of Singapore are 9 not the produce or manufacture of Singapore, unless: 10 (a) at the time of entry of the goods, the importer of the goods 11 holds a valid Certificate of Origin relevant to those goods; 12 and 13 (b) if, at the time of entry of the goods, the importer of the goods 14 has previously used that Certificate of Origin in respect of 15 goods of the same kind--at the time of entry of the goods to 16 which the claim relates, the importer of those goods also 17 holds a declaration relevant to those goods; and 18 (c) if an officer requests production of a copy of any document 19 that the importer of the goods is required under paragraph (a) 20 or (b) to hold--a copy of that document is produced to the 21 officer. 22 2 Application 23 The amendment made by this Schedule applies in relation to goods 24 claimed, on or after the commencement of this item, to be the produce 25 or manufacture of Singapore. 26 Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 No. , 2006 21