Commonwealth Numbered Acts

PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1994 No. 94, 1994 - SECT 9

9. After section 16AB of the Principal Act the following sections are inserted
in Part III:

Notice of proposed importation of goods

"16AC.(1) If a person proposes to import goods into Australia or the Cocos
Islands, the person, or an agent of the person, may give notice of the
proposed importation in accordance with this section.



"(2) If a person imports goods into Australia or the Cocos Islands and notice
of the proposed importation of the goods was not given under subsection (1),
the person must, as soon as practicable after the importation, cause notice of
the importation to be given in accordance with this section. Penalty: 50
penalty units or imprisonment for 2 years, or both.



"(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 within the meaning of the Customs Act 1901; 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.



"(6) If a notice under this section is given to an officer of Customs as
mentioned in subparagraph (5)(a)(ii) or is given by the lodging of an entry
under the Customs Act 1901 as mentioned in paragraph (5)(b), a person to whom
section 16 of the Customs Administration Act 1985 applies may, despite that
section, give the notice, or particulars of the entry, to a quarantine
officer.

Quarantine officer may require additional information about goods

"16AD.(1) A quarantine officer may, by written notice given to a person who
has imported, or proposes to import, goods into Australia or the Cocos Islands
or to an agent of such a person, require the person to whom the notice is
given to give any information about the goods that is stated in the notice.



"(2) A notice under subsection (1), and any information given in response to
such a notice, may be given by electronic means.



"(3) If a notice under subsection (1) is given by electronic means, the notice
is taken to have been given by the principal quarantine officer in the State
or Territory in which the notice was sent.



"(4) A person must not, without reasonable excuse, intentionally or recklessly
fail to comply with a notice given to the person under subsection (1).
Penalty: 50 penalty units or imprisonment for 2 years, or both.

False or misleading information

"16AE. A person must not include any information in a notice given under
subsection 16AC(1) or (2), or give any information in response to a notice
given under subsection 16AD(1), that the person knows to be false or
misleading in a material particular. Penalty: 50 penalty units or imprisonment
for 2 years, or both.

Manner of communicating decisions by quarantine officers

"16AF.(1) If a quarantine officer decides to order goods into quarantine, or
to authorise goods to be brought into Australia or the Cocos Islands (whether
by releasing the goods from quarantine, granting a permit, giving an
authorisation, or otherwise), the decision may be recorded, and notice of the
decision may be given to a person affected by it, by electronic means.



"(2) If a notice referred to in subsection (1) requires the doing of any
thing, the person to whom the notice is given must not intentionally or
recklessly fail to ensure that that thing is done as required by the notice.
Penalty: 500 penalty units or imprisonment for 10 years, or both.

Evidence of giving of notices by electronic means

"16AG. The regulations may provide for the manner in which evidence may be
given in a proceeding for the purpose of proving:

   (a)  that a notice of the proposed importation of goods has, or has not,
        been given under subsection 16AC(1); or

   (b)  that a notice of the importation of goods has, or has not, been given
        under subsection 16AC(2); or

   (c)  that a notice has been given under section 16AD requiring a person to
        give information to a quarantine officer; or

   (d)  that information has, or has not, been given as required by a notice
        under section 16AD; or

   (e)  the nature of any information given in response to a notice under
        section 16AD; or

   (f)  that a quarantine officer has authorised goods to be brought into
        Australia or the Cocos Islands by releasing the goods from quarantine,
        granting a permit, giving an authorisation, or otherwise.".