CUSTOMS AND EXCISE LEGISLATION AMENDMENT ACT 1990 No. 111 of 1990 - SECT 21 Insertion of new Division and new heading

CUSTOMS AND EXCISE LEGISLATION AMENDMENT ACT 1990 No. 111 of 1990 - SECT 21

21. (1) After section 122 of the Principal Act the following new Division and
new heading are inserted:

"Division 3 - The use of computers for entry and
clearance purposes Registered EXIT users

"122A. (1) To communicate with Customs by computer for a purpose identified in
Division 2, a person must be a registered EXIT user.

"(2) A person wishing to become a registered EXIT user may apply to the
Comptroller to be so registered.

"(3) An application must:

   (a)  be in writing; and

   (b)  be in an approved form; and

   (c)  contain such information as is required by the form.

"(4) The Comptroller may require an applicant for registration to give such
additional information as the Comptroller considers necessary for the purposes
of this Act and may refuse to register the person until the information is
given to the satisfaction of the Comptroller.

"(5) Where an application is made to the Comptroller under this section, the
Comptroller must, having regard to that application and where additional
information is supplied in response to a request under subsection (4), to that
additional information:

   (a)  register the applicant as a registered EXIT user by signing a notice
        stating that the applicant is a registered EXIT user; or

   (b)  refuse to register the applicant as a registered EXIT user by signing
        a notice stating that the Comptroller has refused to register the
        applicant and setting out the reasons for the refusal.

"(6) Where the Comptroller registers a person as a registered EXIT user, the
registration has effect from the day on which the relevant notice was signed.

"(7) Each registered EXIT user must, as soon as practicable after
registration, enter into an agreement with Customs, setting out the terms and
conditions of computer access to Customs for the purpose of communications
relating to the exportation of goods including:

   (a)  a condition that the user will use computer facilities of a kind
        specified in the agreement for all computer communications with
        Customs relating to export entries; and

   (b)  a condition that the user, when assigned an identifying code by the
        Comptroller, will ensure the security of the code in a manner
        indicated in the agreement.

"(8) Where a registered EXIT user enters into an EXIT agreement, the
Comptroller must forthwith allocate an identifying code to the user.

"(9) Where, at any time, the Comptroller becomes satisfied that a person who
is a registered EXIT user has failed to comply:

   (a)  with an obligation imposed on the user under this Act; or

   (b)  with a term of the applicable EXIT agreement; the Comptroller may
        cancel the registration of the registered EXIT user by signing a
        notice stating that the registration has been cancelled and setting
        out the reasons for that cancellation.

"(10) The cancellation of the registration of a person as a registered EXIT
user has effect from the day the relevant notice was signed.

"(11) The Comptroller must, as soon as practicable after signing a notice
under subsection (5) or (9), serve a copy of the notice on the person
concerned but a failure to do so does not alter the effect of the notice.
Unauthorised use of registered EXIT user's identifying code

"122B. Where a computer export entry, a computer submanifest, a computer
outward manifest or a withdrawal of such an entry, submanifest or manifest is
communicated to Customs using a registered EXIT user's identifying code:

   (a)  without the authority of the user to whom the code was assigned; and

   (b)  before notification to Customs by the user of a possible breach of
        security; that entry, submanifest, manifest or withdrawal will be, for
        all purposes, but subject to any evidence by the user to the contrary,
        taken to have been communicated by the user. What happens if the EXIT
        computer system is down?

"122C. (1) Where:

   (a)  because the EXIT computer system is inoperative, a registered EXIT
        user cannot transmit a computer export entry to Customs or Customs
        cannot transmit an export entry advice to the user; and

   (b)  the exportation of the goods for which the entry is required could
        otherwise be delayed; the user may contact an officer doing duty in
        relation to entries as specified in the applicable EXIT agreement; and

   (c)  give the officer such of the information that would ordinarily be
        contained in an export entry as the officer requests; and

   (d)  request the officer to give him or her a provisional clearance of the
        goods to which the export entry relates.

"(2) Where an application is made to an officer in respect of particular goods
in the circumstances set out in subsection (1), he or she must, having regard
to the information supplied:

   (a)  if he or she is satisfied that, were a computer export entry in
        respect of those goods able to be processed in the normal manner, the
        goods would be cleared for export in an export entry advice - give the
        registered EXIT user concerned a provisional clearance containing
        similar details to those that would be given in an export entry advice
        constituting an authority to deal with the goods; and

   (b)  if he or she is not so satisfied - refuse to give such a provisional
        clearance.

"(3) Where:

   (a)  a provisional clearance is given in respect of particular goods; and

   (b)  the goods are exported before an export entry advice is given in
        respect of the goods; the goods are treated, for the purposes of this
        Part, as if the provisional clearance were an export entry advice
        constituting an authority to deal with the goods in the manner set out
        in the clearance, whether or not such an advice is ultimately given on
        an acquittal of the clearance under section 122D. Acquittal of
        provisional clearance

"122D. (1) Where a registered EXIT user is given a provisional clearance in
respect of particular goods, the user must, within 48 hours after the EXIT
computer system is restored to operability, whether or not the goods have been
exported:

   (a)  withdraw any previous computer export entry in respect of the goods
        that was not able to be processed while the system was inoperable; and

   (b)  transmit a computer export entry in respect of the goods; and

   (c)  include in the information transmitted in the entry, particulars of
        the provisional clearance in respect of the goods. Penalty: $500.

"(2) Where a computer export entry is communicated to Customs in respect of
goods in relation to which a provisional clearance was issued, any authority
to deal with the goods in accordance with that entry is taken to have been
issued at the time when the provisional clearance was given. Third party
inquiries

"122E. (1) Any person who, to the satisfaction of an officer of Customs:

   (a)  is involved in the preparation of a submanifest or manifest in respect
        of particular goods; or

   (b)  for any other reason, has a legitimate need to know of the existence
        of an authority to deal in respect of particular goods; may request
        Customs to confirm the existence of such an authority in respect of
        all or any of those goods.

"(2) Any person who, to the satisfaction of an officer of Customs, is involved
in the preparation of a manifest in respect of particular goods may request
Customs to confirm:

   (a)  the existence of a submanifest in respect of any of those goods; and

   (b)  the existence of an authority to deal in respect of any of the goods
        covered by the submanifest.

"(3) A request under subsection (1) must quote the export entry advice number
of any authority to deal in respect of which confirmation is sought under that
section.

"(4) A request under subsection (2) must quote the submanifest number of any
manifest in relation to which a confirmation is sought under that subsection.

"Division 4-Exportation procedures after Certificate of Clearance issued".

(2) Where, immediately before the day fixed by Proclamation for the
commencement of this section, a person has authority (however it is described)
to use computer facilities for communication with Customs relating to the
exportation of goods, that person is to be treated,on and after that day, as
if he or she had been registered on that day as a registered EXIT user by
virtue of a notice to that effect having been signed under subsection 122A (5)
of the Principal Act as amended by this Act.