CUSTOMS ACT 1901
Table of Provisions
PART I--INTRODUCTORY
- 1 Short title
- 2 Commencement
- 4 Definitions
- 4AAA Members of family
- 4AA Act not to apply so as to exceed Commonwealth power
- 4AB Compensation for acquisition of property
- 4A Approved forms and approved statements
- 4B What is a Customs - related law
- 4C Identity cards
- 5 Penalties at foot of sections or subsections
- 5AA Application of the Criminal Code
PART II--ADMINISTRATION
- 5A Attachment of overseas resources installations
- 5B Installation of overseas sea installations
- 5BA Installation of overseas offshore electricity installations
- 5C Certain installations to be part of Australia
- 6 Act does not extend to external Territories
- 7 General administration of Act
- 8 Collectors, States and Northern Territory
- 8A Attachment of part of a State or Territory to adjoining State or Territory for administrative purposes
- 9 Delegation
- 11 Arrangements with States and the Northern Territory
- 13 Customs seal
- 14 Flag
- 15 Appointment of ports etc.
- 19 Accommodation on wharfs and at airports
- 20 Waterfront area control
- 25 Persons before whom declarations may be made
- 26 Declaration by youths
- 28 Working days and hours etc.
PART III--CUSTOMS--CONTROL EXAMINATION AND SECURITIES GENERALLY
- 30 Customs control of goods
- 30A Exemptions under Torres Strait Treaty
- 31 Goods on ships and aircraft subject to customs control
- 33 Persons not to move goods subject to customs control
- 33A Resources installations subject to customs control
- 33B Sea installations subject to customs control
- 33BA Offshore electricity installations subject to customs control
- 33C Obstructing or interfering with Commonwealth property in a Customs place
- 34 No claim for compensation for loss
- 35 Goods imported by post
- 35A Amount payable for failure to keep dutiable goods safely etc.
- 36 Offences for failure to keep goods safely or failure to account for goods
- 37 Accounting for goods
- 42 Right to require security
- 43 Form of security
- 44 General securities may be given
- 45 Cancellation of securities
- 46 New securities
- 47 Form of security
- 48 Effect of security
PART IV--THE--IMPORTATION OF GOODS
Division 1A--Preliminary
- 49 Importation
- 49A Ships and aircraft deemed to be imported
- 49B Installations and goods deemed to be imported
- 49C Obligations under this Part may be satisfied in accordance with a trusted trader agreement
Division 1--Prohibited imports
- 50 Prohibition of the importation of goods
- 51 Prohibited imports
- 51A Certain controlled substances taken to be prohibited imports
- 52 Invalidation of licence, permission etc. for false or misleading information
Division 2--The boarding of ships and aircraft
- 58 Ships and aircraft to enter ports or airports
- 58A Direct journeys between installations and external places prohibited
- 58B Direct journeys between certain resources installations and external places prohibited
- 60 Boarding stations
- 61 Facility for boarding
- 61A Owner or operator of port etc. to facilitate boarding
- 62 Ships to come quickly to place of unlading
- 63 Ship or aircraft not to be moved without authority
Division 3--The report of the cargo
Subdivision A--General reporting requirements- 63A Definitions
- 64 Impending arrival report
- 64AA Arrival report
- 64AAA Report of stores and prohibited goods
- 64AAB Notifying Department of particulars of cargo reporters
- 64AAC Report to Department of persons engaged to unload cargo
- 64AB Cargo reports
- 64ABAA Outturn reports
- 64ABAB When outturn report is to be communicated to Department
- 64ABAC Explanation of shortlanded or surplus cargo
- 64ACA Passenger reports
- 64ACB Crew reports
- 64ACC Information does not have to be reported if it has already been reported under the Migration Act 1958
- 64ACD Offence for failure to comply
- 64ACE Communication of reports
- 64ADAA Requirements for communicating to Department electronically
- 64ADA Disclosure of cargo reports to port authorities
- 64AE Obligation to answer questions and produce documents
- 64AF Obligation to provide access to passenger information
- 64A Ships or aircraft arriving at certain places
- 65 Master or pilot of wrecked ship or aircraft to report
- 66 Goods derelict to be delivered to officer
- 67 Interference with derelict goods Subdivision C--The registration, rights and obligations of special reporters
- 67EA Special reporters
- 67EB Requirements for registration as a special reporter
- 67EC The making of an application
- 67ED Consideration of the application
- 67EE Basic conditions attaching to registration as a special reporter
- 67EF Storage and record maintenance conditions
- 67EG Special mail - order house condition
- 67EH Further conditions may be imposed by regulations
- 67EI Breach of conditions of registration
- 67EJ Duration of registration
- 67EK Renewal of registration
- 67EL Comptroller - General of Customs to allocate a special identifying code for each special reporter
- 67EM Cancellation of registration as special reporter Subdivision E--Registering re-mail reporters
- 67F Applying to be a re - mail reporter
- 67G Registering re - mail reporters
- 67H Fit and proper person test
- 67I Obligation of re - mail reporters to notify Comptroller - General of Customs of certain matters
- 67J Varying etc. conditions of registration
- 67K Cancelling the registration of a re - mail reporter
Division 4--The entry, unshipment, landing, and examination of goods
Subdivision A--Preliminary- 68 Entry of imported goods
- 68A Goods imported for transhipment
- 69 Like customable goods and excise - equivalent goods
- 70 Special clearance goods
- 71 Information and grant of authority to deal with goods not required to be entered Subdivision AA--Information and grant of authority to deal with Subdivision AA goods
- 71AAAA Meaning of Subdivision AA goods
- 71AAAB Report and grant of authority to deal with Subdivision AA goods
- 71AAAC Suspension of authority to deal with Subdivision AA goods Subdivision AB--Information and grant of authority to deal with specified low value goods
- 71AAAD Meaning of specified low value goods
- 71AAAE Regulations
- 71AAAF Making a self - assessed clearance declaration
- 71AAAG Collector's response if a self - assessed clearance declaration is communicated separately from a cargo report
- 71AAAH Collector's response if a self - assessed clearance declaration is communicated together with a cargo report
- 71AAAI Authority to deal with goods covered by a self - assessed clearance declaration
- 71AAAJ Contents of authority to deal with specified low value goods
- 71AAAK No authority to deal with specified low value goods while subject to a direction to hold or further examine
- 71AAAL No authority to deal with specified low value goods unless duty etc. paid
- 71AAAM Suspension of authority to deal with specified low value goods
- 71AAAN Cancellation of authority to deal with specified low value goods
- 71AAAO Officer may seek further information in relation to self - assessed clearance declaration
- 71AAAP Withdrawal of self - assessed clearance declarations
- 71AAAQ Further self - assessed clearance declaration not to be given while there is an existing self - assessed clearance declaration
- 71AAAR Effect of withdrawal of a self - assessed clearance declaration
- 71AAAS Annotation of self - assessed clearance declaration by Collector for certain purposes not to constitute withdrawal
- 71AAAT Manner and effect of communicating self - assessed clearance declarations to Department Subdivision B--Import declarations
- 71A Making an import declaration
- 71B Liability for import declaration processing charge
- 71BA Warehoused goods declaration fee
- 71C Authority to deal with goods in respect of which an import declaration has been made
- 71D Visual examination in presence of officer
- 71DA An officer may seek additional information Subdivision D--Warehouse declarations
- 71DG Subdivision does not apply to tobacco products
- 71DH Making a warehouse declaration
- 71DI Liability for warehouse declaration processing charge
- 71DJ Authority to deal with goods in respect of which a warehouse declaration has been made
- 71DK Visual examination in presence of officer
- 71DL An officer may seek additional information Subdivision E--General
- 71E Application for movement permission
- 71F Withdrawal of import entries
- 71G Goods not to be entered while an entry is outstanding
- 71H Effect of withdrawal
- 71J Annotation of import entry by Collector for certain purposes not to constitute withdrawal
- 71K Manner of communicating with Department by document
- 71L Manner and effect of communicating with Department electronically
- 71M Requirements for communicating to Department electronically
- 72 Failure to make entries
- 73 Breaking bulk
- 74 Officer may give directions as to storage or movement of certain goods
- 76 Goods landed at ship's risk etc.
- 77 Repacking on wharf
- 77AA Disclosure of information to cargo reporter or owner of goods
Division 5--Detention of goods in the public interest
- 77EA Minister may order goods to be detained
- 77EB Notice to person whose goods are detained
- 77EC Detention of goods by Collector
- 77ED Minister may authorise delivery of detained goods into home consumption
- 77EE Minister may authorise export of detained goods
- 77EF When goods have been detained for 12 months
PART IVA--DEPOTS
- 77F Interpretation
- 77G Depot licences
- 77H Application for a depot licence
- 77J Comptroller - General of Customs may require applicant to supply further information
- 77K Requirements for grant of depot licence
- 77L Granting of a depot licence
- 77LA Variation of places covered by depot licence
- 77N Conditions of a depot licence--general
- 77P Conditions of a depot licence--imported goods
- 77Q Comptroller - General of Customs may impose additional conditions to which a depot licence is subject
- 77R Breach of conditions of depot licence
- 77S Duration of depot licences
- 77T Renewal of depot licences
- 77U Licence charges
- 77V Notice of intended cancellation etc. of a depot licence
- 77VA Depot must not be used if depot licence is suspended etc.
- 77VB Revocation of suspension of depot licences
- 77VC Cancellation of depot licences
- 77W Refund of depot licence charge on cancellation of a depot licence
- 77X Collector's powers in relation to a place that is no longer a depot
- 77Y Collector may give directions in relation to goods subject to customs control
- 77Z Licences cannot be transferred
- 77ZA Service of notice
PART V--WAREHOUSES
- 78 Interpretation
- 79 Warehouse licences
- 80 Applications for warehouse licences
- 80A Comptroller - General of Customs may require applicant to supply further information
- 81 Requirements for grant of warehouse licence
- 81A Grant of a warehouse licence
- 81B Variation of the place covered by a warehouse licence
- 82 Conditions of warehouse licences
- 82A Comptroller - General of Customs may impose additional conditions to which a warehouse licence is subject
- 82B Comptroller - General of Customs may vary the conditions to which a warehouse licence is subject
- 82C Breach of conditions of a warehouse licence
- 83 Duration of warehouse licence
- 84 Renewal of warehouse licence
- 85 Licence charges
- 85A Payment of warehouse licence charge
- 86 Suspension of warehouse licences
- 87 Cancellation of warehouse licences
- 87A Refund of warehouse licence charge
- 88 Service of notices
- 89 Death of licence holder
- 90 Obligations of holders of warehouse licences
- 91 Access to warehouses
- 92 Repacking in warehouse
- 93 Regauging etc. of goods
- 94 Goods not worth duty may be destroyed
- 95 Revaluation
- 96 Arrears of warehouse charges
- 96A Outwards duty free shops
- 96B Inwards duty free shops
- 97 Goods for public exhibition
- 98 Goods blended or packaged in warehouse
- 99 Entry of warehoused goods
- 100 Entry of goods without warehousing with permission of Collector
- 101 Delivery of warehousing authority
- 102 Holder of licence to inform Collector of certain matters
- 102A Notices to Department by holder of warehouse licence
PART VAAA--CARGO--TERMINALS
Division 1--Preliminary
- 102B Definitions
- 102BA Meaning of fit and proper person
Division 2--Obligations of cargo terminal operators
- 102C Notifying Department of cargo terminal
- 102CA Physical security of cargo terminal and goods
- 102CB Movement of signs at or near cargo terminal
- 102CC Notification requirements relating to goods
- 102CD Unclaimed goods
- 102CE Record keeping requirements
- 102CF Fit and proper person
- 102CG Adequate training of staff
- 102CH Complying with directions
- 102CI Responsibility to provide facilities and assistance
- 102CJ Comptroller - General of Customs may impose additional obligations
- 102CK Offence--failure to comply with obligations or requirements
Division 3--Obligations of cargo handlers
- 102D Certain provisions of Division 2 apply
- 102DA Unpacking of goods in containers at cargo terminal
- 102DB Facilitating transhipment or export of goods
- 102DC Using establishment identification when communicating with Department
- 102DD Comptroller - General of Customs may impose additional obligations
- 102DE Offence--failure to comply with obligations or requirements
Division 4--Powers of authorised officers
Division 5--Directions to cargo terminal operators or cargo handlers
- 102F Directions to cargo terminal operators or cargo handlers etc.
- 102FA Offence--failure to comply with direction
PART VA--SPECIAL--PROVISIONS RELATING TO BEVERAGES
- 103 Interpretation
- 104 Customable beverage imported in bulk must be entered for warehousing
- 105 Certain customable beverage not to be entered for home consumption in bulk containers without approval of Comptroller - General of Customs
- 105A Delivery from customs control of brandy, whisky or rum
PART VAA--SPECIAL--PROVISIONS RELATING TO EXCISE-EQUIVALENT GOODS
- 105B Extinguishment of duty on excise - equivalent goods
- 105C Returns
- 105D GST matters
- 105E Use of excise - equivalent goods in the manufacture of excisable goods to occur at a dual - licensed place
PART VB--INFORMATION--ABOUT PERSONS DEPARTING AUSTRALIA
Division 1--Reports on departing persons
Subdivision A--Reports on departing persons- 106A Ships and aircraft to which this Subdivision applies
- 106B Report 48 hours before ship or aircraft is due to depart
- 106C Report 4 hours before ship or aircraft is due to depart
- 106D Report just before ship or aircraft departs Subdivision B--Reports on matters in approved statement
- 106E Ships and aircraft to which this Subdivision applies
- 106F Reports on matters in approved statement Subdivision C--How reports under this Division are to be made
- 106G Reports to be made electronically
- 106H Reports to be made by document if approved electronic system or other approved format or method unavailable
- 106I Comptroller - General of Customs may approve different statements or forms
Division 2--Questions about departing persons
PART VI--THE--EXPORTATION OF GOODS
Division 1AAA--Preliminary
- 107 Obligations under this Part may be satisfied in accordance with a trusted trader agreement
Division 1--Prohibited exports
- 112 Prohibited exports
- 112A Certain controlled substances taken to be prohibited exports
- 112B Invalidation of licence, permission etc. for false or misleading information
Division 1AA--Export of goods for a military end-use
Division 1A--Directions in relation to goods for export etc. that are subject to customs control
- 112C Collector may give directions in relation to goods for export etc. that are subject to customs control
- 112D Compliance with a direction given under section 112C
Division 2--Entry and clearance of goods for export
Subdivision A--Preliminary- 113 Entry of goods for export
- 113AA How an entry of goods for export is made Subdivision B--Export declarations
- 114 Making an export declaration
- 114A An officer may seek additional information
- 114B Confirming exporters Subdivision D--General
- 114C Authority to deal with goods entered for export
- 114CA Suspension of an authority to deal with goods entered for export in order to verify particulars of the goods
- 114CB Revocation of the suspension of an authority to deal
- 114CC An officer may seek additional information if an authority to deal has been suspended
- 114D Goods to be dealt with in accordance with export entry
- 114E Sending goods to a wharf or airport for export
- 114F Notices to Department by person who receives goods at a wharf or airport for export
- 115 Goods not to be taken on board without authority to deal
- 116 What happens when goods entered for export by an export declaration are not dealt with in accordance with the export entry
- 117 Security
- 117AA Consolidation of certain goods for export can only occur at a prescribed place
- 117A Submanifests to be communicated to Department
- 118 Certificate of Clearance
- 118A Requirements for granting a Certificate of Clearance in respect of certain ships or aircraft
- 119 Communication of outward manifest to Department
- 119AA Application for permission to move, alter or interfere with goods for export
- 119AB Application for permission to move, alter or interfere with goods that are no longer for export
- 119AC Dealing with an application for a permission to move etc. goods that are no longer for export
- 119A Withdrawal of entries, submanifests and manifests
- 119B Effect of withdrawal
- 119C Change of electronic entries and change of submanifests and manifests treated as withdrawals
- 119D Notification of export entries, submanifests, manifests , withdrawals and applications
- 119E Requirements for communicating to Department electronically
- 120 Shipment of goods
- 122 Time of clearance
Division 3A--Examining goods for export that are not yet subject to customs control
- 122F Object of Division
- 122G Occupier of premises
- 122H Consent required to enter premises and examine goods for export
- 122J Officer must leave premises if consent withdrawn
- 122K Power to search premises for export goods
- 122L Power to examine export goods
- 122M Power to examine documents relating to export goods
- 122N Power to question occupier about export goods
- 122P Power to bring equipment to the premises
- 122Q Compensation
- 122R Powers in this Division are additional to other powers
Division 4--Exportation procedures after Certificate of Clearance issued
- 123 Ship to bring to and aircraft to stop at boarding stations
- 124 Master or pilot to account for missing goods
- 125 Goods exported to be landed at proper destination
- 126 Certificate of landing
Division 4A--Exportation of goods to Singapore
- 126AAA Definitions
- 126AB Record keeping obligations
- 126AC Power to require records
- 126AD Power to ask questions
Division 4B--Exportation of textile or apparel goods to the US
- 126AE Authorised officer may request records or ask questions
Division 4C--Exportation of goods to Thailand
- 126AF Definitions
- 126AG Record keeping obligations
- 126AH Power to require records
- 126AI Power to ask questions
Division 4D--Exportation of goods to New Zealand
- 126AJA Definitions
- 126AJB Record keeping obligations
- 126AJC Power to require records
- 126AJD Power to ask questions
Division 4DA--Exportation of goods to Peru
- 126AJE Definitions
- 126AJF Record keeping obligations
- 126AJG Power to require records
- 126AJH Power to ask questions
Division 4E--Exportation of goods to Chile
- 126AKA Definitions
- 126AKB Record keeping obligations
- 126AKC Power to require records
- 126AKD Power to ask questions
Division 4EA--Exportation of goods to Parties to the Pacific Agreement on Closer Economic Relations Plus
- 126AKE Definitions
- 126AKF Record keeping obligations
- 126AKG Power to require records
- 126AKH Power to ask questions
Division 4EB--Exportation of goods to Parties to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership
- 126AKI Definitions
- 126AKJ Record keeping obligations
- 126AKK Power to require records
- 126AKL Power to ask questions
Division 4F--Exportation of goods to Malaysia
- 126ALA Definitions
- 126ALB Record keeping obligations
- 126ALC Power to require records
- 126ALD Power to ask questions
Division 4FA--Exportation of goods to Indonesia
- 126ALE Definitions
- 126ALF Record keeping obligations
- 126ALG Power to require records
- 126ALH Power to ask questions
Division 4G--Exportation of goods to Korea
- 126AMA Definitions
- 126AMB Record keeping obligations
- 126AMC Power to require records
- 126AMD Power to ask questions
Division 4GA--Exportation of goods to India
- 126AME Definitions
- 126AMF Record keeping obligations
- 126AMG Power to require records
- 126AMH Power to ask questions
Division 4H--Exportation of goods to Japan
- 126ANA Definitions
- 126ANB Record keeping obligations
- 126ANC Power to require records
- 126AND Power to ask questions
Division 4J--Exportation of goods to China
- 126AOA Definitions
- 126AOB Record keeping obligations
- 126AOC Power to require records
- 126AOD Power to ask questions
Division 4K--Exportation of goods to Hong Kong, China
- 126APA Definitions
- 126APB Record keeping obligations
- 126APC Power to require records
- 126APD Power to ask questions
Division 4L--Exportation of goods to Parties to the Regional Comprehensive Economic Partnership Agreement
- 126AQA Definitions
- 126AQB Record keeping obligations
- 126AQC Power to require records
- 126AQD Power to ask questions
Division 4M--Exportation of goods to the United Kingdom
- 126ARA Definitions
- 126ARB Record keeping obligations
- 126ARC Power to require records
- 126ARD Power to ask questions
Division 5--Miscellaneous
- 126A Export of installations
- 126B Export of goods from installations
- 126C Size of exporting vessel
PART VIA--ELECTRONIC--COMMUNICATIONS
- 126D Comptroller - General of Customs to maintain information systems
- 126DA Communications standards and operation
- 126DB Authentication of certain electronic communications
- 126DC Records of certain electronic communications
- 126DD Authentication, records and Electronic Transactions Act 1999
- 126E Communication to Department when information system is temporarily inoperative
- 126F Payment when information system is temporarily inoperative
- 126G Meaning of temporarily inoperative
- 126H Comptroller - General of Customs may arrange for use of computer programs to make decisions etc.
PART VII--SHIPS----STORES AND AIRCRAFT'S STORES
- 127 Use of ships' and aircraft's stores
- 128 Unshipment of ships' and aircraft's stores
- 129 Ships' and aircraft's stores not to be taken on board without approval
- 130 Ship's and aircraft's stores exempt from duty
- 130A Entry not required for ship's or aircraft's stores
- 130B Payment of duty on ship's or aircraft's stores
- 130C Interpretation
PART VIII--THE--DUTIES
Division 1--The payment and computation of duties generally
- 131A Fish caught by Australian ships
- 131AA No duty on goods for Timor Sea petroleum activities purpose
- 131B Liability of Commonwealth authorities to pay duties of Customs
- 132 Rate of import duty
- 132AA When import duty must be paid
- 132A Prepayment of duty
- 132B Declared period quotas--effect on rates of import duty
- 132C Revocation and variation of quota orders
- 132D Service of quota orders etc.
- 133 Export duties
- 134 Weights and measures
- 135 Proportion
- 136 Manner of fixing duty
- 137 Manner of determining volumes of, and fixing duty on, beer
- 142 Measurement for duty
- 145 Value of goods sold
- 148 Derelict goods dutiable
- 149 Duty on goods in report of cargo that are not produced or landed
- 150 Samples
- 152 Alterations to agreements where duty altered
Division 1AA--Calculation of duty on certain alcoholic beverages
- 153AA Meaning of alcoholic beverage
- 153AB Customs duty to be paid according to labelled alcoholic strength of prescribed alcoholic beverages
- 153AC Rules for working out strength of prescribed alcoholic beverages
- 153AD Obscuration
Division 1A--Rules of origin of preference claim goods
- 153A Purpose of Division
- 153B Definitions
- 153C Total expenditure of factory on materials
- 153D Allowable expenditure of factory on materials
- 153E Calculation of the cost of materials received at a factory
- 153F Allowable expenditure of factory on labour
- 153G Allowable expenditure of factory on overheads
- 153H Unmanufactured goods
- 153L Manufactured goods originating in Papua New Guinea or a Forum Island Country
- 153LA Modification of section 153L in special circumstances
- 153M Manufactured goods originating in a particular Developing Country
- 153N Manufactured goods originating in a Developing Country but not in any particular Developing Country
- 153NA Manufactured goods originating in a Least Developed Country
- 153P Manufactured goods originating in Canada
- 153Q Manufactured goods originating in a country that is not a preference country
- 153R Are goods commercially manufactured in Australia?
- 153S Rule against double counting
Division 1BA--Singaporean originating goods
Subdivision A--Preliminary- 153XC Simplified outline of this Division
- 153XD Interpretation Subdivision B--Goods wholly obtained or produced entirely in Singapore or in Singapore and Australia
- 153XE Goods wholly obtained or produced entirely in Singapore or in Singapore and Australia Subdivision C--Goods produced in Singapore, or in Singapore and Australia, from originating materials
- 153XF Goods produced in Singapore, or in Singapore and Australia, from originating materials Subdivision D--Goods produced in Singapore, or in Singapore and Australia, from non-originating materials
- 153XG Goods produced in Singapore, or in Singapore and Australia, from non - originating materials
- 153XH Packaging materials and containers Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials
- 153XI Goods that are accessories, spare parts, tools or instructional or other information materials Subdivision F--Consignment
- 153XJ Consignment Subdivision G--Regulations
- 153XK Regulations
Division 1C--US originating goods
Subdivision A--Preliminary- 153Y Simplified outline
- 153YA Interpretation Subdivision B--Goods wholly obtained or produced entirely in the US
- 153YB Goods wholly obtained or produced entirely in the US Subdivision C--Goods produced entirely in the US or in the US and Australia exclusively from originating materials
- 153YC Goods produced entirely in the US or in the US and Australia exclusively from originating materials Subdivision D--Goods produced in the US, or in the US and Australia, from non-originating materials
- 153YD Goods produced in the US, or in the US and Australia, from non - originating materials Subdivision F--Goods that are standard accessories, spare parts or tools
- 153YJ Goods that are standard accessories, spare parts or tools Subdivision G--Packaging materials and containers
- 153YK Packaging materials and containers Subdivision H--Consignment
- 153YL Consignment Subdivision I--Regulations
- 153YM Regulations
Division 1D--Thai originating goods
Subdivision A--Preliminary- 153Z Simplified outline
- 153ZA Interpretation Subdivision B--Wholly obtained goods of Thailand
- 153ZB Wholly obtained goods of Thailand Subdivision C--Goods produced entirely in Thailand or in Thailand and Australia
- 153ZC Goods produced entirely in Thailand or in Thailand and Australia Subdivision D--Goods that are standard accessories, spare parts or tools
- 153ZF Goods that are standard accessories, spare parts or tools Subdivision E--Packaging materials and containers
- 153ZG Packaging materials and containers Subdivision F--Consignment
- 153ZH Consignment Subdivision G--Regulations
- 153ZI Regulations
Division 1E--New Zealand originating goods
Subdivision A--Preliminary- 153ZIA Simplified outline
- 153ZIB Interpretation Subdivision B--Goods wholly obtained or produced in New Zealand or New Zealand and Australia
- 153ZIC Goods wholly obtained or produced in New Zealand or New Zealand and Australia Subdivision C--Goods produced in New Zealand or New Zealand and Australia from originating materials
- 153ZID Goods produced in New Zealand or New Zealand and Australia from originating materials Subdivision D--Goods produced in New Zealand or New Zealand and Australia from non-originating materials
- 153ZIE Goods produced in New Zealand or New Zealand and Australia from non - originating materials
- 153ZIF Packaging materials and containers Subdivision E--Goods that are standard accessories, spare parts or tools
- 153ZIG Goods that are standard accessories, spare parts or tools Subdivision F--Goods wholly manufactured in New Zealand
- 153ZIH Goods wholly manufactured in New Zealand Subdivision G--Non-qualifying operations
- 153ZIJ Non - qualifying operations Subdivision H--Consignment
- 153ZIK Consignment Subdivision I--Regulations
- 153ZIKA Regulations
Division 1EA--Peruvian originating goods
Subdivision A--Preliminary- 153ZIL Simplified outline of this Division
- 153ZIM Interpretation Subdivision B--Goods wholly obtained or produced entirely in Peru or in Peru and Australia
- 153ZIN Goods wholly obtained or produced entirely in Peru or in Peru and Australia Subdivision C--Goods produced in Peru, or in Peru and Australia, from originating materials
- 153ZIO Goods produced in Peru, or in Peru and Australia, from originating materials Subdivision D--Goods produced in Peru, or in Peru and Australia, from non-originating materials
- 153ZIP Goods produced in Peru, or in Peru and Australia, from non - originating materials
- 153ZIQ Packaging materials and containers Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials
- 153ZIR Goods that are accessories, spare parts, tools or instructional or other information materials Subdivision F--Consignment
- 153ZIS Consignment Subdivision G--Regulations
- 153ZIT Regulations
Division 1F--Chilean originating goods
Subdivision A--Preliminary- 153ZJA Simplified outline
- 153ZJB Interpretation Subdivision B--Wholly obtained goods of Chile
- 153ZJC Wholly obtained goods of Chile Subdivision C--Goods produced in Chile from originating materials
- 153ZJD Goods produced in Chile from originating materials Subdivision D--Goods produced in Chile, or Chile and Australia, from non-originating materials
- 153ZJE Goods produced in Chile, or Chile and Australia, from non - originating materials
- 153ZJF Packaging materials and containers Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information resources
- 153ZJG Goods that are accessories, spare parts, tools or instructional or other information resources Subdivision F--Non-qualifying operations
- 153ZJH Non - qualifying operations Subdivision G--Consignment
- 153ZJI Consignment Subdivision H--Regulations
- 153ZJJ Regulations
Division 1G--ASEAN-Australia-New Zealand (AANZ) originating goods
Subdivision A--Preliminary- 153ZKA Simplified outline
- 153ZKB Interpretation Subdivision B--Wholly obtained goods of a Party
- 153ZKC Wholly obtained goods of a Party Subdivision C--Goods produced from originating materials
- 153ZKD Goods produced from originating materials Subdivision D--Goods produced from non-originating materials
- 153ZKE Goods produced from non - originating materials
- 153ZKG Non - qualifying operations or processes
- 153ZKH Packaging materials and containers Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials
- 153ZKI Goods that are accessories, spare parts, tools or instructional or other information materials Subdivision F--Consignment
- 153ZKJ Consignment Subdivision G--Regulations
- 153ZKJA Regulations
Division 1GA--Pacific Islands originating goods
Subdivision A--Preliminary- 153ZKK Simplified outline of this Division
- 153ZKL Interpretation Subdivision B--Goods wholly obtained or produced in a Party
- 153ZKM Goods wholly obtained or produced in a Party Subdivision C--Goods produced from originating materials
- 153ZKN Goods produced from originating materials Subdivision D--Goods produced from non-originating materials
- 153ZKO Goods produced from non - originating materials
- 153ZKP Packaging materials and containers Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials
- 153ZKQ Goods that are accessories, spare parts, tools or instructional or other information materials Subdivision F--Consignment
- 153ZKR Consignment Subdivision G--Regulations
- 153ZKS Regulations
Division 1GB--Trans-Pacific Partnership originating goods
Subdivision A--Preliminary- 153ZKT Simplified outline of this Division
- 153ZKU Interpretation Subdivision B--Goods wholly obtained or produced entirely in the territory of one or more of the Parties
- 153ZKV Goods wholly obtained or produced entirely in the territory of one or more of the Parties Subdivision C--Goods produced from originating materials
- 153ZKW Goods produced from originating materials Subdivision D--Goods produced from non-originating materials
- 153ZKX Goods produced from non - originating materials
- 153ZKY Packaging materials and containers Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials
- 153ZKZ Goods that are accessories, spare parts, tools or instructional or other information materials Subdivision F--Consignment
- 153ZKZA Consignment Subdivision G--Regulations
- 153ZKZB Regulations
Division 1H--Malaysian originating goods
Subdivision A--Preliminary- 153ZLA Simplified outline
- 153ZLB Interpretation Subdivision B--Goods wholly obtained or produced in Malaysia or in Malaysia and Australia
- 153ZLC Goods wholly obtained or produced in Malaysia or in Malaysia and Australia Subdivision C--Goods produced in Malaysia, or in Malaysia and Australia, from originating materials
- 153ZLD Goods produced in Malaysia, or in Malaysia and Australia, from originating materials Subdivision D--Goods produced in Malaysia, or in Malaysia and Australia, from non-originating materials
- 153ZLE Goods produced in Malaysia, or in Malaysia and Australia, from non - originating materials
- 153ZLF Packaging materials and containers
- 153ZLG Non - qualifying operations Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials
- 153ZLH Goods that are accessories, spare parts, tools or instructional or other information materials Subdivision F--Consignment
- 153ZLI Consignment Subdivision G--Regulations
- 153ZLJ Regulations
Division 1HA--Indonesian originating goods
Subdivision A--Preliminary- 153ZLJA Simplified outline of this Division
- 153ZLK Interpretation Subdivision B--Goods wholly obtained or produced in Indonesia
- 153ZLL Goods wholly obtained or produced in Indonesia Subdivision C--Goods produced in Indonesia from originating materials
- 153ZLM Goods produced in Indonesia from originating materials Subdivision D--Goods produced in Indonesia, or in Indonesia and Australia, from non-originating materials
- 153ZLN Goods produced in Indonesia, or in Indonesia and Australia, from non - originating materials
- 153ZLO Packaging materials and containers Subdivision E--Consignment and exhibition
- 153ZLP Consignment
- 153ZLQ Exhibition Subdivision F--Regulations
- 153ZLR Regulations
Division 1J--Korean originating goods
Subdivision A--Preliminary- 153ZMA Simplified outline of this Division
- 153ZMB Interpretation Subdivision B--Goods wholly obtained in Korea or in Korea and Australia
- 153ZMC Goods wholly obtained in Korea or in Korea and Australia Subdivision C--Goods produced in Korea, or in Korea and Australia, from originating materials
- 153ZMD Goods produced in Korea, or in Korea and Australia, from originating materials Subdivision D--Goods produced in Korea, or in Korea and Australia, from non-originating materials
- 153ZME Goods produced in Korea, or in Korea and Australia, from non - originating materials
- 153ZMF Packaging materials and containers Subdivision E--Non-qualifying operations
- 153ZMG Non - qualifying operations Subdivision F--Other matters
- 153ZMH Consignment
- 153ZMI Outward processing zones on the Korean Peninsula
- 153ZMJ Regulations
Division 1JA--Indian originating goods
Subdivision A--Preliminary- 153ZMK Simplified outline of this Division
- 153ZML Interpretation Subdivision B--Goods wholly obtained or produced in India or in India and Australia
- 153ZMM Goods wholly obtained or produced in India or in India and Australia Subdivision C--Goods produced in India, or in India and Australia, from non-originating materials
- 153ZMN Goods produced in India, or in India and Australia, from non - originating materials
- 153ZMO Non - qualifying operations Subdivision D--Packaging materials and containers
- 153ZMP Packaging materials and containers Subdivision E--Consignment
- 153ZMQ Consignment Subdivision F--Regulations
- 153ZMR Regulations
Division 1K--Japanese originating goods
Subdivision A--Preliminary- 153ZNA Simplified outline of this Division
- 153ZNB Interpretation Subdivision B--Goods wholly obtained in Japan
- 153ZNC Goods wholly obtained in Japan Subdivision C--Goods produced in Japan from originating materials
- 153ZND Goods produced in Japan from originating materials Subdivision D--Goods produced in Japan, or in Japan and Australia, from non-originating materials
- 153ZNE Goods produced in Japan, or in Japan and Australia, from non - originating materials
- 153ZNF Packaging materials and containers
- 153ZNG Non - qualifying operations Subdivision E--Consignment
- 153ZNH Consignment Subdivision F--Regulations
- 153ZNI Regulations
Division 1L--Chinese originating goods
Subdivision A--Preliminary- 153ZOA Simplified outline of this Division
- 153ZOB Interpretation Subdivision B--Goods wholly obtained or produced in the territory of China
- 153ZOC Goods wholly obtained or produced in the territory of China Subdivision C--Goods produced in China, or in China and Australia, from originating materials
- 153ZOD Goods produced in China, or in China and Australia, from originating materials Subdivision D--Goods produced in China, or in China and Australia, from non-originating materials
- 153ZOE Goods produced in China, or in China and Australia, from non - originating materials
- 153ZOF Packaging materials and containers Subdivision E--Goods that are accessories, spare parts or tools
- 153ZOG Goods that are accessories, spare parts or tools Subdivision F--Non-qualifying operations
- 153ZOH Non - qualifying operations Subdivision G--Consignment
- 153ZOI Consignment Subdivision H--Regulations
- 153ZOJ Regulations
Division 1M--Hong Kong originating goods
Subdivision A--Preliminary- 153ZPA Simplified outline of this Division
- 153ZPB Interpretation Subdivision B--Goods wholly obtained or produced entirely in Hong Kong, China or in Hong Kong, China and Australia
- 153ZPC Goods wholly obtained or produced entirely in Hong Kong, China or in Hong Kong, China and Australia Subdivision C--Goods produced in Hong Kong, China, or in Hong Kong, China and Australia, from originating materials
- 153ZPD Goods produced in Hong Kong, China, or in Hong Kong, China and Australia, from originating materials Subdivision D--Goods produced in Hong Kong, China, or in Hong Kong, China and Australia, from non-originating materials
- 153ZPE Goods produced in Hong Kong, China, or in Hong Kong, China and Australia, from non - originating materials
- 153ZPF Packaging materials and containers Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials
- 153ZPG Goods that are accessories, spare parts, tools or instructional or other information materials Subdivision F--Consignment
- 153ZPH Consignment Subdivision G--Regulations
- 153ZPI Regulations
Division 1N--Regional Comprehensive Economic Partnership (RCEP) originating goods
Subdivision A--Preliminary- 153ZQA Simplified outline of this Division
- 153ZQB Interpretation Subdivision B--Goods wholly obtained or produced in a Party
- 153ZQC Goods wholly obtained or produced in a Party Subdivision C--Goods produced from originating materials
- 153ZQD Goods produced from originating materials Subdivision D--Goods produced from non-originating materials
- 153ZQE Goods produced from non - originating materials
- 153ZQF Packaging materials and containers
- 153ZQG Accessories, spare parts, tools or instructional or other information materials
- 153ZQH Non - qualifying operations or processes Subdivision E--Consignment
- 153ZQI Consignment Subdivision F--Regulations
- 153ZQJ Regulations
Division 1P--UK originating goods
Subdivision A--Preliminary- 153ZRA Simplified outline of this Division
- 153ZRB Interpretation Subdivision B--Goods wholly obtained or produced in the United Kingdom or in the United Kingdom and Australia
- 153ZRC Goods wholly obtained or produced in the United Kingdom or in the United Kingdom and Australia Subdivision C--Goods produced in the United Kingdom, or in the United Kingdom and Australia, from originating materials
- 153ZRD Goods produced in the United Kingdom, or in the United Kingdom and Australia, from originating materials Subdivision D--Goods produced in the United Kingdom, or in the United Kingdom and Australia, from non-originating materials
- 153ZRE Goods produced in the United Kingdom, or in the United Kingdom and Australia, from non - originating materials
- 153ZRF Packaging materials and containers Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials
- 153ZRG Goods that are accessories, spare parts, tools or instructional or other information materials Subdivision F--Consignment
- 153ZRH Consignment Subdivision G--Regulations
- 153ZRI Regulations
Division 2--Valuation of imported goods
- 154 Interpretation
- 155 Interpretation--Buying commission
- 156 Interpretation--Identical goods and similar goods
- 157 Interpretation--Royalties
- 158 Interpretation--Transportation costs
- 159 Value of imported goods
- 160 Inability to determine a value of imported goods by reason of insufficient or unreliable information
- 161 Transaction value
- 161A Identical goods value
- 161B Similar goods value
- 161C Deductive (contemporary sales) value
- 161D Deductive (later sales) value
- 161E Deductive (derived goods sales) value
- 161F Computed value
- 161G Fall - back value
- 161H When transaction value unable to be determined
- 161J Value of goods to be in Australian currency
- 161K Owner to be advised of value of goods
- 161L Review of determinations and other decisions
Division 3--Payment and recovery of deposits, refunds, unpaid duty etc.
- 162 Delivery of goods upon giving of security or undertaking for payment of duty, GST and luxury car tax
- 162A Delivery of goods on the giving of a general security or undertaking for payment of duty, GST and luxury car tax
- 162AA Applications to deal with goods imported temporarily without duty
- 162B Pallets used in international transport
- 163 Refunds etc. of duty
- 164B Refunds of export duty
- 165 Recovery of unpaid duty etc.
- 165A Refunds etc. may be applied against unpaid duty
- 166 No refund if duty altered
Division 4--Disputes as to duty
- 167 Payments under protest
PART IX--DRAWBACKS
PART X--THE--COASTING TRADE
PART XA--AUSTRALIAN--TRUSTED TRADER PROGRAMME
Division 1--Preliminary
- 176 Establishment of the Australian Trusted Trader Programme
Division 2--Trusted trader agreement
Subdivision A--Entry into trusted trader agreement- 176A Trusted trader agreement may be entered into
- 176B Nomination process Subdivision C--General provisions relating to trusted trader agreements
- 178 Terms and conditions of trusted trader agreements
- 178A Variation, suspension or termination of trusted trader agreements
Division 3--Register of Trusted Trader Agreements
- 178B Register of Trusted Trader Agreements
Division 4--Rules
- 179 Rules
PART XB--CONTROLLED--TRIALS
Division 1--Preliminary
- 179A Simplified outline of this Part
- 179B Application of this Part
Division 2--Obligations and benefits under controlled trials
- 179C Obligations under controlled trials
- 179D Benefits under controlled trials
Division 3--Participation in controlled trials
- 179E Approval of participation in controlled trials
- 179F Application to participate in controlled trial
- 179G Election to participate in controlled trial
- 179H Conditions of approvals
- 179J Variation, suspension or revocation of approvals
Division 4--Instruments
- 179K General qualification criteria for any controlled trial
- 179L Rules specific to a controlled trial
PART XI--AGENTS--AND CUSTOMS BROKERS
Division 1--Preliminary
- 180 Interpretation
Division 2--Rights and liabilities of agents
- 181 Authorised agents
- 182 Authority to be produced
- 183 Agents personally liable
- 183A Principal liable for agents acting
Division 3--Licensing of customs brokers
- 183B Interpretation
- 183C Grant of licence
- 183CA Application for licence
- 183CB Reference of application to Committee
- 183CC Requirements for grant of licence
- 183CD Eligibility to be nominee
- 183CE Original endorsement on licence
- 183CF Variation of licences
- 183CG Licence granted subject to conditions
- 183CGA Comptroller - General of Customs may impose additional conditions to which a broker's licence is subject
- 183CGB Comptroller - General of Customs may vary the conditions to which a broker's licence is subject
- 183CGC Breach of conditions of a broker's licence
- 183CH Duration of licence
- 183CJ Renewal of licence
- 183CJA Licence charges
- 183CK Security
- 183CM Nominees
- 183CN Removal of nominee
- 183CP Notice to nominate new nominee
Division 4--Suspension, revocation and non-renewal of licences
- 183CQ Investigation of matters relating to a broker's licence
- 183CR Interim suspension by Comptroller - General of Customs
- 183CS Powers of Comptroller - General of Customs
- 183CT Effect of suspension
- 183CU Service of notices
Division 5--National Customs Brokers Licensing Advisory Committee
- 183D National Customs Brokers Licensing Advisory Committee
- 183DA Constitution of Committee
- 183DB Remuneration and allowances
- 183DC Acting Chair
- 183DD Deputy member
- 183E Procedure of Committees
- 183F Evidence
- 183G Proceedings in private
- 183H Determination of questions before a Committee
- 183J Customs broker affected by investigations to be given notice
- 183K Summoning of witnesses
- 183L Service of notices and summonses
- 183N Committee may examine upon oath or affirmation
- 183P Offences by witness
- 183Q Statements by witness
- 183R Witness fees
- 183S Representation by counsel etc.
- 183T Protection of members
- 183U Protection of barristers, witnesses etc.
PART XII--OFFICERS
Division 1--Powers of officers
Subdivision A--Preliminary- 183UA Definitions
- 183UB Law relating to legal professional privilege not affected
- 183UC Comptroller - General of Customs may give directions concerning the exercise of powers under this Division
- 183UD Judges who may issue seizure warrants for goods in transit Subdivision B--General regulatory powers
- 186 General powers of examination of goods subject to customs control
- 186AA General powers of examination of goods loaded onto or unloaded from ships or aircraft
- 186A Power to make copies of, and take extracts from, documents in certain circumstances
- 186B Compensation for damage caused by copying
- 187 Power to board and search
- 188 Boarding
- 189 Searching
- 189A Officers may carry arms in certain circumstances
- 190 Securing goods
- 191 Seals etc. not to be broken
- 192 Seals etc. on ship or aircraft in port bound to another port within Commonwealth
- 193 Officers may enter and remain upon coasts etc.
- 194 Ships on service may be moored in any place
- 195 Power to question passengers etc.
- 195A Power to question persons found in restricted areas
- 196C Power to question persons claiming packages
- 197 Power to stop conveyances about to leave a Customs place Subdivision C--Search warrants in respect of things believed to be evidential material
- 198 When search warrants relating to premises can be issued
- 199 The things that are authorised by a search warrant relating to premises
- 199A When search warrants relating to persons can be issued
- 199B The things that are authorised by a search warrant relating to a person
- 200 Use of equipment to examine or process things
- 201 Use of electronic equipment on or in premises
- 201AA Use of electronic equipment at other place
- 201A Person with knowledge of a computer or a computer system to assist access etc.
- 201B Accessing data held on other premises--notification to occupier of that premises
- 202 Compensation for damage to equipment or data
- 202A Copies of seized things to be provided
- 202B Relationship of this Subdivision to parliamentary privileges and immunities Subdivision D--Seizure of goods believed to be forfeited goods
- 203 When seizure warrants for forfeited goods can be issued
- 203A The things that are authorised by seizure warrants for forfeited goods
- 203B Seizure without warrant of special forfeited goods, or of evidential material relating to special forfeited goods, at a Customs place
- 203C Seizure without warrant of narcotic goods or of evidential material relating to narcotic goods at other places
- 203CA Seizure without warrant of certain goods on ship or aircraft in the Protected Zone
- 203CB Seizure without warrant of certain other goods in the Protected Zone
- 203D How an authorised person is to exercise certain powers Subdivision DA--Seizure of certain goods in transit
- 203DA When seizure warrants for goods in transit can be issued
- 203DB The things that are authorised by seizure warrants for goods in transit Subdivision E--Provisions applicable both to search and seizure warrants
- 203E Conduct of ordinary searches and frisk searches
- 203F Announcement before entry
- 203G Details of warrant to be given to occupier
- 203H Occupier entitled to be present during search or seizure
- 203HA Requirement to provide name or address etc.
- 203J Availability of assistance and use of force in executing a warrant
- 203K Specific powers available to executing officers
- 203L Use of animals in executing a warrant
- 203M Warrants by telephone or other electronic means
- 203N Receipts for things seized under warrant
- 203P Offence for making false statements in warrants
- 203Q Offences relating to telephone warrants Subdivision F--Dealing with things seized as evidential material
- 203R Retention of things seized as evidential material
- 203S Magistrate may permit a thing seized as evidential material to be retained Subdivision G--Dealing with goods seized as forfeited goods
- 203SA Subdivision does not apply to seized transit goods
- 203T Seizure of protected objects
- 204 Seized goods to be secured
- 205 Requirement to serve seizure notices
- 205A Matters to be dealt with in seizure notices
- 205B Claim for return of goods seized
- 205C Treatment of goods seized if no claim for return is made
- 205D Treatment of goods seized if a claim for return is made--general
- 205E Magistrate may permit goods seized to be retained
- 205EA Treatment of goods seized if a claim for return is made--suspected prohibited psychoactive substances
- 205EB Extending the period for instituting proceedings for recovery of suspected prohibited psychoactive substances
- 205EC Proceedings for recovery of suspected prohibited psychoactive substances
- 205F Right of compensation in certain circumstances for goods disposed of or destroyed
- 205G Effect of forfeiture
- 206 Immediate disposal of certain goods
- 207 Immediate disposal of narcotic goods
- 208 Release of goods on security
- 208C Service by post
- 208D Disposal of forfeited goods
- 208DA Disposal of narcotic - related goods other than narcotic goods
- 208E Sales subject to conditions
- 209 Power to impound certain forfeited goods and release them on payment of duty and penalty
- 209A Destruction or concealment of evidential material or forfeited goods Subdivision GA--Dealing with goods in transit seized under a section 203DA warrant
- 209B Subdivision applies to seized transit goods
- 209C Seized goods to be secured
- 209D Requirement to serve seizure notices
- 209E Matters to be dealt with in seizure notices
- 209F Application for return of seized goods
- 209G Status of goods seized if no application for return is made
- 209H Right of compensation for certain goods disposed of or destroyed
- 209I Effect of forfeiture
- 209J Immediate disposal of unsafe goods
- 209K Disposal of forfeited goods
- 209L Service by post Subdivision GB--Surrender of prescribed prohibited imports
- 209M Application of Subdivision
- 209N Surrender of goods
- 209P Effect of surrender
- 209Q Right of compensation in certain circumstances for goods disposed of or destroyed
- 209R Disposal of surrendered goods Subdivision GC--Post-importation permission
- 209S Definitions
- 209T Application of Subdivision
- 209U Power to detain goods
- 209V Detained goods to be secured
- 209W Requirement to serve detention notice
- 209X Matters to be dealt with in detention notices
- 209Y Effect of detaining goods
- 209Z Evidence not provided or permission not granted or given
- 209ZA Evidence provided and permission granted or given
- 209ZB Service by post
- 209ZC Liability for detention of goods Subdivision H--Arrest and related matters
- 210 Power of arrest without warrant
- 210A Use of force in making arrest
- 210B Person to be informed of grounds of arrest
- 211 Power to conduct a frisk search of an arrested person
- 211A Power to conduct an ordinary search of an arrested person
- 212 How arrested person to be dealt with
- 213 Requirement to provide name etc. Subdivision HA--Information about people working in restricted areas or issued with security identification cards
- 213A Providing an authorised officer with information about people working in restricted areas
- 213B Provision of information about people issued with security identification cards Subdivision J--General powers to monitor and audit
- 214AA Occupier of premises
- 214AB What are monitoring powers ?
- 214AC Monitoring officers
- 214ACA Monitoring officer to notify occupier of premises of the occupier's rights and obligations
- 214AD Notice of proposal to exercise monitoring powers
- 214AE Exercise of monitoring powers with consent
- 214AF Exercise of monitoring powers under a warrant
- 214AG Warrants may be granted by telephone or other electronic means
- 214AH Monitoring officer may ask questions
- 214AI Monitoring officer may ask for assistance
- 214AJ Compensation for damage to electronic equipment
- 214B Powers of officers for purposes of Customs Tariff (Anti - Dumping) Act 1975 Subdivision JA--Powers to monitor and audit--Australia-United States Free Trade Agreement
- 214BAA Simplified outline
- 214BAB Definitions
- 214BAC AUSFTA verification powers
- 214BAD Appointment of verification officers
- 214BAE Verification officers may enter premises and exercise AUSFTA verification powers with consent
- 214BAF US customs officials may accompany verification officers
- 214BAG Availability of assistance in exercising AUSFTA verification powers
- 214BAH Verification officer may ask questions
- 214BAI Verification officer may ask for assistance
- 214BAJ Verification officer may disclose information to US
- 214BAK Operation of electronic equipment at premises
- 214BAL Compensation for damage to electronic equipment Subdivision K--Miscellaneous
- 214BA Nature of functions of magistrate under sections 203S and 205E
- 215 Collector may impound documents
- 217 Translations of foreign invoices
- 218 Samples
- 218A Disposal of certain abandoned goods
Division 1B--Detention and search of suspects
Subdivision A--Detention and frisk search of suspects- 219L Detention for frisk search
- 219M Frisk search
- 219N Power to require the production of things
- 219P Persons to whom section 219R applies Subdivision B--Detention and external search of suspects
- 219Q Detention for external search
- 219R External search
- 219RAA Videotape record may be made of external search Subdivision C--Detention and internal search of persons suspected of internally concealing substances etc.
- 219RA Certain Judges and Magistrates eligible to give orders under this Subdivision
- 219S Initial detention
- 219SA Internal non - medical scan using prescribed equipment
- 219SB Seeking detention order following invitation to consent to internal non - medical scan
- 219T Initial order for detention
- 219U Renewal of order for detention
- 219V Arrangement for internal medical search
- 219W Detention under this Subdivision
- 219X Detainee becoming in need of protection
- 219Y Applications for orders under this Subdivision
- 219Z Internal medical search by medical practitioner Subdivision CA--Prescribed equipment for external searches and internal non-medical scans
- 219ZAA Use of prescribed equipment for external search or internal non - medical scan
- 219ZAB Prescribing equipment for use in external searches and internal non - medical scans
- 219ZAC Authorising officers to use prescribed equipment for external search or internal non - medical scan
- 219ZAD Giving a record of invitation and consent, or a copy of order
- 219ZAE Records of results of external search or internal non - medical scan Subdivision D--Detention generally
- 219ZA Detention officers
- 219ZB Detention places
- 219ZC Detention under this Division
- 219ZD Detainees not fluent in English
- 219ZE Release from, or cessation of, detention Subdivision E--Medical practitioners
- 219ZF Conduct of internal medical search
- 219ZG Medical practitioner may take action to preserve detainee's life
- 219ZH Medical practitioner to answer questions and prepare report
- 219ZJ Proceedings against medical practitioners
Division 1BA--Detention and search of persons for purposes of law enforcement co-operation
Subdivision A--Preliminary- 219ZJA Definitions
- 219ZJAA Prescribed State or Territory offences Subdivision B--Powers to detain
- 219ZJB Detention of person suspected of committing serious Commonwealth offence or prescribed State or Territory offence
- 219ZJC Detention of person subject to warrant or bail condition
- 219ZJCA Detention of person for national security or security of a foreign country Subdivision C--Matters affecting detention generally
- 219ZJD Search of person detained under this Division
- 219ZJE Comptroller - General of Customs must give directions about detaining persons under this Division
- 219ZJF Detainees to be given reasons for detention and shown identification on request
- 219ZJG Use of force in relation to detention
- 219ZJH Moving detained persons
- 219ZJI Detainees not fluent in English
- 219ZJJ Detention of minors
Division 1C--Judges and Magistrates
Division 2--Protection to officers
- 220 Reasonable cause for seizure a bar to action
- 221 Notice of action to be given
- 222 Defect in notice not to invalidate
- 223 No evidence to be produced but that contained in notice
- 224 Officer may tender amends
- 225 Commencement of proceedings against officers
- 226 Time for commencing action
- 227 Security may be required
Division 3--Evidence
- 227AA Evidence may be used in prosecutions etc.
PART XIIA--SPECIAL--PROVISIONS RELATING TO PROHIBITED ITEMS
- 227A Overview of Part
- 227B Definitions
- 227C Ships and aircraft to which this Part applies
- 227D Items to which this Part applies
- 227E Approved storage for prohibited items
- 227F Officer may take custody of items
- 227G Compensation for damage etc. to items
PART XIII--PENAL--PROVISIONS
Division 1--Forfeitures
- 228 Forfeited ships and aircraft
- 228A Forfeited resources installations
- 228B Forfeited sea installations
- 228C Forfeited offshore electricity installations
- 229 Forfeited goods
- 229A Proceeds of drug trafficking liable to forfeiture
- 230 Forfeited packages and goods
Division 2--Penalties
- 231 Assembly for unlawful purposes
- 232A Rescuing goods and assaulting officers
- 233 Smuggling and unlawful importation and exportation
- 233A Master not to use or allow use of ship for smuggling etc.
- 233AB Penalties for offences against sections 233 and 233A
- 233BAA Special offence relating to tier 1 goods
- 233BAB Special offence relating to tier 2 goods
- 233BABAA UN - sanctioned goods
- 233BABAB Special offences for importation of UN - sanctioned goods
- 233BABAC Special offences for exportation of UN - sanctioned goods
- 233BABAD Offences involving tobacco products
- 233BABAE Offence for bringing restricted goods into Australia
- 233BABAF Using information held by the Commonwealth
- 233BABA Protection from criminal responsibility
- 233BAC Evidence relating to approval for import or export
- 233BA Evidence of Analyst
- 233C Offence for giving false or misleading information in relation to UN - sanctioned goods
- 234 Customs offences
- 234AA Places set aside for purposes of Act
- 234A Unauthorised entry to places and on ships, aircraft or wharves
- 234AB Unauthorised use of cameras and sound recorders
- 234ABA Officers may direct unauthorised persons to leave restricted areas
- 236 Aiders and abettors
- 237 Attempts
- 239 Penalties in addition to forfeitures
- 240 Commercial documents to be kept
- 240AA Authorised officer may require person to produce commercial documents
- 240AB Verifying communications to Department
- 240AC Authorised officer may require person to produce record
Division 3--Recovery of pecuniary penalties for dealings in narcotic goods
- 243A Interpretation
- 243AB Effective control of property
- 243B Pecuniary penalties
- 243C Assessment of pecuniary penalty
- 243CA Court may lift corporate veil etc.
- 243D Presumption of illegality of importation
- 243E Court may make restraining order against property
- 243F Court may make further orders
- 243G Official Trustee to discharge pecuniary penalty
- 243H Revocation of order under section 243E
- 243J Pecuniary penalty a charge on property
- 243K Contravention of restraining orders
- 243L Sale of property before bankruptcy
- 243M Duties of the Official Trustee after receiving notice of presentation of creditor's petition etc.
- 243N Protection of Official Trustee from personal liability in certain cases
- 243NA Indemnification of Official Trustee
- 243NB Indemnification of Official Receivers etc.
- 243P Costs etc. payable to Official Trustee
- 243Q Notices
- 243R Reduction of pecuniary penalty
- 243S Jurisdiction of the Court
Division 4--Provisions relating to certain strict liability offences
- 243SA Failure to answer questions
- 243SB Failure to produce documents or records
- 243SC Preservation of the privilege against self - incrimination
- 243T False or misleading statements resulting in loss of duty
- 243U False or misleading statements not resulting in loss of duty
- 243V False or misleading statements in cargo reports or outturn reports
- 243W Electronic communications to Department to be treated as statements to Comptroller - General of Customs
Division 5--Infringement notices
- 243X Infringement notices--general
- 243Y Infringement notices--forfeiture of goods that are prohibited imports if infringement notice paid
- 243Z Infringement notices--right of compensation in certain circumstances for goods disposed of or destroyed
PART XIV--CUSTOMS--PROSECUTIONS
- 244 Meaning of Customs prosecution
- 245 Institution of prosecutions
- 247 Prosecutions in accordance with practice rules
- 248 State Court practice
- 249 Commencement of prosecutions
- 250 Information to be valid if in words of Act
- 250A Property in goods subject to customs control
- 251 No objection for informality
- 252 Conviction not to be quashed
- 253 Protection to witnesses
- 254 Defendant competent witness
- 255 Averment of prosecutor sufficient
- 256 Proof of proclamation etc.
- 257 Conduct by directors, employees or agents
- 259 Collector may levy on goods in his or her possession
- 261 Imprisonment not to release penalty
- 263 Parties may recover costs
- 264 Application of penalties
PART XV--TENDERS--FOR RIGHTS TO ENTER GOODS FOR HOME CONSUMPTION AT CONCESSIONAL RATES
- 265 Interpretation
- 266 Tender schemes
- 267 Undertakings relating to tenders
- 268 Transfers of rights to enter goods for home consumption at concessional rates of duty
- 269 Revocation or variation of undertaking
- 269A Recovery of penalties
PART XVA--TARIFF--CONCESSION ORDERS
Division 1--Preliminary
- 269B Interpretation
- 269C Interpretation--core criteria
- 269D Interpretation--goods produced in Australia
- 269E Interpretation--the ordinary course of business
Division 2--Making and processing TCO applications
- 269F Making a TCO application
- 269FA The applicant's obligation
- 269G Withdrawing a TCO application
- 269H Screening the application
- 269HA Comptroller - General of Customs may reject a TCO application in relation to goods referred to in section 269SJ
- 269J Applications taken to be lodged in certain circumstances
- 269K Processing a valid application
- 269L Amendment of TCO applications
- 269M Comptroller - General of Customs may invite submissions or seek other information, documents or material
- 269N Reprocessing of TCO applications
Division 3--Making and operation of TCOs
- 269P The making of a standard TCO
- 269Q The making of a TCO for goods requiring repair
- 269R Notification of TCO decisions
- 269S Operation of TCOs
- 269SA Consequence of commencement or cessation of production before TCO decision
Division 4--Revocation of TCOs
- 269SB Request for revocation of TCOs
- 269SC Processing requests for revocation of TCOs
- 269SD Revocation at the initiative of Comptroller - General of Customs
- 269SE Notification of revocation decisions
- 269SF Comptroller - General of Customs may seek information, documents or material relating to revocation
- 269SG Effect of revocation on goods in transit and capital equipment on order
Division 5--Miscellaneous
- 269SH Internal review
- 269SHA Administrative Appeals Tribunal Review of reconsideration decisions
- 269SJ TCOs not to apply to goods described by reference to their end use or certain goods
- 269SK TCOs not to contravene international agreements
PART XVB--SPECIAL--PROVISIONS RELATING TO ANTI-DUMPING DUTIES
- 269SM Overview of Part
Division 1A--Anti-Dumping Commission and Commissioner
Subdivision A--Preliminary- 269SMA What this Division is about Subdivision B--Anti-Dumping Commission
- 269SMB Establishment
- 269SMC Constitution of the Anti - Dumping Commission
- 269SMD Function of the Anti - Dumping Commission
- 269SME Anti - Dumping Commission has privileges and immunities of the Crown Subdivision C--Commissioner
- 269SMF Establishment
- 269SMG Powers of Commissioner
- 269SMH Appointment
- 269SMI Term of appointment
- 269SMJ Acting Commissioner
- 269SMK Terms and conditions of appointment
- 269SML Disclosure of interests
- 269SMM Outside employment
- 269SMN Resignation
- 269SMO Termination of appointment Subdivision D--Staff assisting the Commissioner
- 269SMQ Staff Subdivision E--Delegation
- 269SMR Delegation Subdivision F--Form and manner of applications
- 269SMS Form and manner of applications Subdivision G--Disclosure of information
- 269SMT Disclosure of information
Division 1--Definitions and role of Minister
- 269SN What this Division is about
- 269T Definitions
- 269TAAA Anti - dumping measures not to apply to New Zealand originating goods
- 269TAAB Member countries, developing countries and special developing countries
- 269TAAC Definition--countervailable subsidy
- 269TAACA Determination of countervailable subsidy if non - cooperation by relevant entities
- 269TAAD Ordinary course of trade
- 269TAA Arms length transactions
- 269TAB Export price
- 269TAC Normal value of goods
- 269TACAA Sampling
- 269TACAB Dumping duty notice--export prices and normal values for different categories of exporters
- 269TACA Non - injurious price
- 269TACB Working out whether dumping has occurred and levels of dumping
- 269TACC Working out whether a financial contribution or income or price support confers a benefit
- 269TACD Amount of countervailable subsidy
- 269TAE Material injury to industry
- 269TAF Currency conversion
- 269TAG Minister may take anti - dumping measures on own initiative
- 269TAH Minister may delegate functions and powers to Commissioner or Commission staff members
- 269TA Minister may give directions to Commissioner in relation to powers and duties under this Part
Division 2--Consideration of anti-dumping matters by the Commissioner
- 269TBA What this Division is about
- 269TB Application for action under Dumping Duty Act
- 269TC Consideration of application
- 269TD Preliminary affirmative determinations
- 269TDAA Statement of essential facts in relation to investigation of application under section 269TB
- 269TDA Termination of investigations
- 269TE Commissioner to have regard to same considerations as Minister
- 269TEA Report to Minister concerning publication of notices under this Part
- 269TEB Commissioner recommendations concerning undertakings offered after preliminary affirmative determination
Division 3--Consideration of anti-dumping matters by the Minister
- 269TF What this Division is about
- 269TG Dumping duties
- 269TH Third country dumping duties
- 269TJ Countervailing duties
- 269TJA Concurrent dumping and subsidy
- 269TK Third country countervailing duties
- 269TL Minister to give public notice not to impose duty
- 269TLA Time limit for Minister to make certain decisions
- 269TM Periods during which certain notices and undertakings to remain in force
- 269TN Retrospective notices
- 269TP Power to specify goods
- 269U Inquiries in relation to undertakings
Division 4--Dumping duty or countervailing duty assessment
- 269UA What this Division is about
- 269V Importers may apply for duty assessment in certain circumstances
- 269W Manner of making applications for duty assessment
- 269X Consideration of duty assessment applications
- 269Y Duty assessments
- 269YA Rejection etc. of application for duty assessment
Division 5--Review of anti-dumping measures
- 269Z What this Division is about
- 269ZA Applications and requests for review of anti - dumping measures
- 269ZB Content and lodgment of applications for review of anti - dumping measures
- 269ZC Consideration of applications and requests for review
- 269ZCA Application to extend a review of anti - dumping measures to include revocation
- 269ZCB Content and lodgment of application to extend a review of anti - dumping measures to include revocation
- 269ZCC Consideration of applications and requests for extensions of reviews
- 269ZD Statement of essential facts in relation to review of anti - dumping measures
- 269ZDA Report on review of measures
- 269ZDB Powers of the Minister in relation to review of anti - dumping measures
Division 5A--Anti-circumvention inquiries
- 269ZDBA What this Division is about
- 269ZDBB Circumvention activities
- 269ZDBC Applications and requests for conduct of an anti - circumvention inquiry
- 269ZDBD Content and lodgement of applications for conduct of an anti - circumvention inquiry
- 269ZDBE Consideration of applications and requests for conduct of an anti - circumvention inquiry
- 269ZDBEA Termination of anti - circumvention inquiry
- 269ZDBF Statement of essential facts in relation to conduct of an anti - circumvention inquiry
- 269ZDBG Report on anti - circumvention inquiry
- 269ZDBH Minister's powers in relation to anti - circumvention inquiry
Division 6--Certain exporters may seek accelerated review of dumping duty notices or countervailing duty notices
- 269ZDC What this Division is about
- 269ZE Circumstances in which accelerated review may be sought
- 269ZF Application for accelerated review
- 269ZG Consideration of application
- 269ZH Effect of accelerated review
Division 6A--Continuation of anti-dumping measures
- 269ZHA What this Division is about
- 269ZHB Applications for continuation of anti - dumping measures
- 269ZHC Content and lodgment of application for continuation of anti - dumping measures
- 269ZHD Consideration of applications for continuation of anti - dumping measures
- 269ZHE Statement of essential facts in relation to continuation of anti - dumping measures
- 269ZHF Report on application for continuation of anti - dumping measures
- 269ZHG Powers of the Minister in relation to continuation of anti - dumping measures
Division 7--Procedural and evidentiary matters
- 269ZHH What this Division is about
- 269ZHI Minister may extend certain periods of time
- 269ZI Public notice
- 269ZJ Commissioner to maintain public record for certain purposes
Division 8--Review Panel
- 269ZK What this Division is about
- 269ZL Establishment of Review Panel
- 269ZM Membership of the Review Panel
- 269ZN Review Panel's powers
- 269ZO Protection of members
- 269ZP Appointment of members
- 269ZQ Period of appointment for members
- 269ZR Terms and conditions of appointment
- 269ZS Disclosure of interests to the Minister
- 269ZT Outside employment
- 269ZTA Resignation
- 269ZTB Termination of appointment
- 269ZTC Acting appointments
- 269ZTD Provision of resources to Review Panel
- 269ZU Review Panel may supply information
- 269ZV False or misleading information
Division 9--Review by Review Panel
Subdivision A--Preliminary- 269ZW What this Division is about
- 269ZX Definitions
- 269ZY Form and manner of applications
- 269ZYA Constitution of Review Panel for purposes of review
- 269ZYB Member unavailable to complete review
- 269ZZ Review Panel to have regard to same considerations as Minister Subdivision B--Review of Ministerial decisions
- 269ZZA Reviewable decisions
- 269ZZB Overview of a review of Minister's decision
- 269ZZC Who may seek a review?
- 269ZZD When must an application be made?
- 269ZZE How must an application be made?
- 269ZZF Withdrawal of application
- 269ZZG Rejection of application--failure to establish decision not the correct or preferable decision etc.
- 269ZZH Rejection of application--failure to provide summary of confidential information
- 269ZZHA Review Panel may hold conferences
- 269ZZI Public notification of review
- 269ZZJ Submissions in relation to reviewable decision
- 269ZZK The review
- 269ZZL Review Panel may require reinvestigation by Commissioner before making recommendation to Minister
- 269ZZM Minister's decision Subdivision C--Review of Commissioner's decisions
- 269ZZN Reviewable decisions
- 269ZZO Who may seek a review
- 269ZZP When must an application be made?
- 269ZZQ How must an application be made?
- 269ZZQAA Withdrawal of application
- 269ZZQA Rejection of application--failure to establish decision not the correct or preferable decision etc.
- 269ZZR Rejection of application for review of termination decision
- 269ZZRA Review Panel may hold conferences
- 269ZZRB Review Panel may seek further information from the Commissioner
- 269ZZRC Notification of review
- 269ZZS The review of a negative prima facie decision
- 269ZZT The review of a termination decision
- 269ZZU The review of a negative preliminary decision
- 269ZZUA The review of a rejection decision
- 269ZZV Effect of Review Panel's decision Subdivision D--Public record in relation to reviews
- 269ZZW Application
- 269ZZX Public record maintained by Review Panel
- 269ZZY Confidential and sensitive commercial information
PART XVC--INTERNATIONAL--TRADE REMEDIES FORUM
- 269ZZYA Simplified outline
- 269ZZYB Establishment of International Trade Remedies Forum
- 269ZZYC Functions of the Forum
- 269ZZYD Membership of the Forum
- 269ZZYE Appointment of Forum members
- 269ZZYF Resignation
- 269ZZYG Forum meetings
- 269ZZYH Disclosure of information
PART XVI--REGULATIONS--AND BY-LAWS
- 270 Regulations
- 271 Comptroller - General of Customs may make by - laws
- 272 By - laws specifying goods
- 273 Determinations
- 273A By - laws and determinations for purposes of repealed items
- 273B Publication of by - laws and notification of determinations
- 273C Retrospective by - laws and determinations not to increase duty
- 273D By - laws and determinations for purposes of proposals
- 273EA Notification of proposals when House of Representatives is not sitting
- 273F Interpretation
PART XVII--MISCELLANEOUS
- 273G Briefing of Leader of Opposition on certain matters
- 273GAA Notices
- 273GAB Authorisation to disclose information to an officer
- 273GA Review of decisions
- 273H Review of decisions under Customs Tariff Act
- 273K Statement to accompany notification of decisions
- 273L Entry and transmission of information by computer
- 274 Commissioned ships and aircraft to be reported
- 275 Commissioned ships and aircraft may be searched
- 275A Direction not to move a ship or aircraft from a boarding station
- 276 Collector's sales
- 277 Proceeds of sales
- 277A Jurisdiction of courts
- 278 Recoverable payments
- 279 Reports about recoverable payments