CUSTOMS AND EXCISE LEGISLATION AMENDMENT ACT 1990 No. 111 of 1990 - SECT 10
Repeal of section 64 and substitution of new sections
CUSTOMS AND EXCISE LEGISLATION AMENDMENT ACT 1990 No. 111 of 1990 - SECT 10
Repeal of section 64 and substitution of new sections
10. Section 64 of the Principal Act is repealed and the following sections are
substituted: Impending arrival report
"64. (1) The master of a ship due to arrive at a port in Australia from a
place outside Australia must, in accordance with subsection (3), report its
impending arrival to Customs:
(a) if the journey from the place outside Australia is likely to take not
less than 48 hours - not later than 48 hours before its arrival; and
(b) if the journey from the place outside Australia is likely to take less
than 48 hours - not later than 24 hours before its arrival. Penalty:
$500.
"(2) The pilot of an aircraft due to arrive at an airport in Australia from a
place outside Australia must, in accordance with subsection (3), report its
impending arrival to Customs not later than 3 hours before its arrival.
Penalty: $500.
"(3) A report for the purposes of subsection (1) or (2) must:
(a) be communicated to Customs by sending or giving it to an officer doing
duty in relation to the reporting of ships or aircraft at the port or
airport at which the ship or aircraft is expected to arrive; and
(b) identify the ship or aircraft concerned and the port or airport at
which it is expected to arrive and state the expected time of its
arrival at that port or airport. Arrival report
"64AA. (1) The master of a ship that has arrived at a port in Australia from a
place outside Australia must, in accordance with subsection (2):
(a) before the end of a period of 24 hours after the ship's arrival; or
(b) before the issue of a Certificate of Clearance in respect of the ship;
whichever first happens, report the ship's arrival to Customs.
Penalty: $500.
"(2) A report for the purposes of subsection (1) must:
(a) be in writing; and
(b) be in an approved form; and
(c) be communicated to Customs by sending or giving it to an officer doing
duty in relation to the reporting of ships at the port of arrival; and
(d) contain such information as is required by the form; and
(e) be signed in a manner specified in the form. Cargo report
"64AB. (1) This section applies to a ship or aircraft on a voyage or flight to
Australia from a place outside Australia.
"(2) Before a Collector's permit is granted in respect of any goods, being
cargo on board a ship to which this section applies that is due to arrive at a
port in Australia (whether the first port or any subsequent port on the same
voyage), the master or owner of the ship must communicate to Customs, by
document or by computer, not later than 48 hours before the arrival of the
ship at the port, a report of the cargo that is intended to be unshipped at
the port.
"(3) Before a Collector's permit is granted in respect of any goods, being
cargo on board an aircraft to which this section applies that is due to arrive
at an airport in Australia, (whether the first airport or any subsequent
airport on the same journey), the pilot or owner of the aircraft must
communicate to Customs:
(a) by document - not later than 3 hours after the arrival of the aircraft
at the airport; or
(b) by computer - not later than the time of arrival of the aircraft at
the airport; a report of the cargo that is intended to be unshipped at
the airport.
"(4) A documentary report of the cargo intended to be unshipped from a ship or
aircraft at a particular port or airport must:
(a) be communicated to Customs by sending or giving it to a prescribed
officer; and
(b) be in the approved form for ship cargo or air cargo, as the case
requires; and
(c) contain:
(i) the information required by the form; or
(ii) particulars of the person who is able to provide the information
required by the form; and
(d) be signed in a manner specified in the form.
"(5) A computer report of the cargo intended to be unshipped from a ship or
aircraft must:
(a) be transmitted to Customs using the prescribed computer system; and
(b) communicate such information as is set out in an approved statement;
and
(c) be signed by transmitting such identifying information as is
prescribed.
"(6) Where:
(a) a person is involved in the importation of goods into a port in
Australia on board a ship to which this section applies; and
(b) those goods constitute cargo in respect of which the master or owner
of the ship would not have sufficient information to make a cargo
report under subsection (2) without reference to other persons able to
provide information; the first-mentioned person may communicate to
Customs, by document or computer, not later than the master or owner
would be required to make a cargo report under subsection (2), a
report in respect of that cargo in the same fashion as if that person
were the master or owner of the ship.
"(7) Where:
(a) a person who is involved in the importation of goods into an airport
in Australia on board an aircraft to which this section applies; and
(b) those goods constitute cargo in respect of which the pilot or owner of
the aircraft would not have sufficient information to make a full
cargo report under subsection (3) without reference to other persons
able to provide information; the first-mentioned person may
communicate to Customs, by document or computer, not later than the
pilot or owner would be required to make a cargo report under
subsection (3), a report in respect of that cargo in the same fashion
as if that person were the pilot or owner of the aircraft. Passenger
and crew report
"64AC. (1) This section applies to a ship on a voyage to Australia from a
place outside Australia.
"(2) The master or owner of a ship to which this section applies that is due
to arrive at a port in Australia must communicate to Customs, by document or
by computer, not later than 48 hours before the arrival of the ship at the
port (whether the first port or any subsequent port on the same voyage), a
report of all the crew and passengers who will be on board the ship at the
time of its arrival at the port. Penalty: $500.
"(3) A documentary passenger and crew report must:
(a) be communicated to Customs by sending or giving it to a prescribed
officer; and
(b) be in an approved form; and
(c) contain the information required by the form; and
(d) be signed in a manner specified in the form.
"(4) A computer passenger and crew report must:
(a) be transmitted to Customs using the prescribed computer system; and
(b) communicate such information as is set out in an approved statement;
and
(c) be signed by transmitting such identifying information as is
prescribed. Communication of impending arrival reports, arrival
reports, cargo reports and passenger and crew reports
"64AD. (1) For the purposes of this Act, an impending arrival report, an
arrival report, a documentary cargo report or a documentary passenger and crew
report may be sent to an officer referred to in subsection 64 (3), 64AA (2),
64AB (4) or 64AC (3), as the case requires, in any manner prescribed and, when
so sent, is taken to have been communicated to Customs at such time and in
such circumstances as are prescribed.
"(2) For the purposes of this Act, an impending arrival report, an arrival
report, a documentary cargo report or a documentary passenger and crew report
that is given to an officer referred to in subsection 64 (3), 64AA (2), 64AB
(4) or 64AC (3), as the case requires, is taken to have been communicated to
Customs when it is received by the officer.
"(3) For the purposes of this Act, a computer cargo report or a computer
passenger and crew report that is transmitted to Customs using a prescribed
computer system is taken to have been communicated to Customs when an
acknowledgment of the report is transmitted to the person identified in the
report as the person transmitting the report.".
