Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 16AC

             (1)  If a person proposes to import goods into Australia, the Cocos Islands or Christmas Island, the person, or an agent of the person, may give notice of the proposed importation in accordance with this section.

             (2)  If:

                     (a)  a person imports goods into Australia, the Cocos Islands or Christmas Island; and

                     (b)  notice of the proposed importation of the goods was not given under subsection (1);

the person must, within the period applicable under subsection (2A), cause notice of the importation to be given in accordance with this section.

          (2A)  The period within which notice of the importation of goods is to be given by a person under subsection (2) is 35 days after:

                     (a)  the day on which the person or an agent of the person receives notice of the landing of the goods; or

                     (b)  if the person or an agent of the person does not receive notice of the landing of the goods before the person or agent receives the goods--the day on which the goods are so received.

          (2B)  A person is guilty of an offence if:

                     (a)  the person is required by subsection (2) to cause a notice of the importation of goods to be given in accordance with this section; and

                     (b)  the person fails to comply with the requirement.

Maximum penalty:    Imprisonment for 2 years.

             (3)  Subsection (2) does not apply to goods imported in circumstances prescribed by the regulations if any conditions prescribed by the regulations are complied with.

             (4)  A notice under subsection (1) or (2) must be given in the manner, and must contain the information relating to the goods, that is prescribed by the regulations.

             (5)  The regulations:

                     (a)  may provide for a notice under subsection (1) to be given to:

                              (i)  an officer; or

                             (ii)  an officer of Customs; and

                     (b)  may provide that the lodging of an entry, by electronic means or otherwise, under the Customs Act 1901 in relation to goods is to constitute:

                              (i)  if the goods have not been imported--the giving of a notice of the proposed importation of the goods under subsection (1); or

                             (ii)  if the goods have been imported--the giving of a notice of the importation of the goods under subsection (2); and

                     (c)  may provide for a notice under this section to be given by electronic means.

          (5A)  Without limiting subsection (5), the regulations may provide that the doing of something specified in the regulations is, or is in circumstances or subject to conditions so specified, taken to constitute the giving of a notice under subsection (1) or (2).

             (6)  If a notice under this section:

                     (a)  is given to an officer of Customs; or

                     (b)  is given by the lodging of an entry under the Customs Act 1901 as mentioned in paragraph (5)(b); or

                     (c)  is taken to be given by the doing of something specified in regulations under subsection (5A);

a person to whom section 16 of the Customs Administration Act 1985 applies may, despite that section, give the notice, particulars of the entry, or particulars of the thing the doing of which is taken to constitute the giving of the notice, as the case may be, to a quarantine officer.