CUSTOMS ACT 1901 - SECT 71E Application for movement permission

CUSTOMS ACT 1901 - SECT 71E

  (1)   Where particular goods, or goods of a particular kind, are, or after their importation will be, subject to customs control, application may be made to the Department, by document or electronically, in accordance with this section, for permission to move those goods, or goods of that kind, or to move them after their importation, to a place specified in the application.

  (2)   A documentary movement application must:

  (a)   be made by the owner of the goods concerned; and

  (b)   be communicated to the Department by giving it to an officer doing duty in relation to import entries or to the movement of goods subject to customs control.

  (2A)   If:

  (a)   the goods are goods to which section   68 applies; and

  (b)   the goods have not been entered for home consumption or warehousing; and

  (c)   subsection   (2C) does not apply to the goods;

a movement application may be made only by:

  (d)   for goods carried on board a ship or aircraft--the operator of the ship or aircraft, a cargo reporter in relation to the goods, or a stevedore or depot operator who has, or intends to take, possession of the goods; or

  (e)   for goods that are a ship or aircraft and that are not carried on board a ship or aircraft--the owner of the goods.

  (2B)   A movement application under subsection   (2A) must be made electronically.

  (2C)   This subsection applies to goods if:

  (a)   the goods are:

  (i)   accompanied by, and described in, temporary admission papers issued in accordance with an agreement between Australia and one or more other countries that provides for the temporary importation of goods without payment of duty; or

  (ii)   subject to an application under section   162AA for permission to take delivery of goods; and

  (b)   neither of the following applies:

  (i)   the Comptroller - General of Customs has refused to accept a security or undertaking under section   162A in relation to the goods;

  (ii)   a Collector has refused to grant permission under section   162A to take delivery of the goods.

  (3)   If a movement application is duly communicated to the Department, subsections   (3AA) and (3AB) apply.

  (3AA)   An officer may direct the applicant to ensure that the goods are held in the place where they are currently located until the decision is made on the application.

  (3AB)   If a direction is not given under subsection   (3AA), or a reasonable period has elapsed since the giving of such a direction to enable the making of an informed decision on the application, an officer must:

  (a)   if the application is a document movement application--by notice in writing to the applicant; or

  (b)   if the application is an electronic movement application--by sending a message electronically to the applicant;

do either of the following:

  (c)   give the applicant permission to move the goods to which the application relates in accordance with the application either unconditionally or subject to such conditions as are specified in the notice or message;

  (d)   refuse the application and set out in the notice or message the reasons for the refusal.

  (3B)   If a person moves goods otherwise than in accordance with the requirement of a permission to which the goods relate, the movement of the goods is, for the purposes of paragraph   229(1)(g), taken not to have been authorised by this Act.

  (3C)   If a cargo report states that goods specified in the report are proposed to be moved from a Customs place to another Customs place, then, despite section   71L, the statement is taken to be a movement application in respect of the goods duly made under this section.

  (3D)   In subsection   (3C):

"Customs place" has the meaning given by subsection   183UA(1).

  (4)   Where goods are moved to a place other than a warehouse in accordance with a permission under subsection   (3), an officer of Customs may, at any time while the goods remain under customs control, direct in writing that they be moved from that place to a warehouse specified in the direction within a period specified in the direction.

  (5)   If goods are not moved in accordance with such a direction, an officer of Customs may arrange for the goods to be moved to the warehouse specified in the direction or to any other warehouse.

  (6)   Where an officer of Customs has arranged for goods to be moved to a warehouse, the Commonwealth has a lien on the goods for any expenses incurred in connection with their removal to the warehouse and for any warehouse rent and charges incurred in relation to the goods.