Customs Act 1901

PART III - CUSTOMS CONTROL EXAMINATION AND SECURITIES GENERALLY  

SECTION 45   CANCELLATION OF SECURITIES  

45(1)    

All securities may after the expiration of 3 years from the date thereof or from the time specified for the performance of the conditions thereof be cancelled by the Comptroller-General of Customs.

45(2)    

A security taken in respect of any interim duty that may become payable on goods under section 8 , 9 , 10 or 11 of the Customs Tariff (Anti-Dumping) Act 1975 , being a security taken before the publication under Part XVB of this Act of a notice declaring that section to apply to those goods, shall be cancelled before the expiration of the prescribed period after the date the security is taken.

45(3)    
In subsection (2), " prescribed period " means -

(a) in relation to a security in respect of any interim duty that may be payable on goods under section 8 or 9 of the Customs Tariff (Anti-Dumping) Act 1975 - a period described in subsection (3A) of this section; or

(b) in any other case - a period of 4 months.

45(3A)    

For the purposes of paragraph (3)(a), the period is:

(a) unless paragraph (b) of this subsection applies:

(i) a period of 4 months; or

(ii) if an exporter of goods of the kind referred to in paragraph (3)(a) requests a longer period - a period (not exceeding 6 months) that the Commissioner (within the meaning of Part XVB) determines to be appropriate; or

(b) if the security was taken in connection with an investigation under Part XVB and the non-injurious price of goods the subject of the investigation as ascertained, or last ascertained, for the purposes of the investigation is less than the normal value of such goods as so ascertained, or last so ascertained:

(i) a period of 6 months; or

(ii) if an exporter of goods of the kind referred to in paragraph (3)(a) requests a longer period - a period (not exceeding 9 months) that the Commissioner (within the meaning of Part XVB) determines to be appropriate.

45(4)    
Where:

(a) a notice is published under Part XVB of this Act declaring section 8 , 9 , 10 or 11 of the Customs Tariff (Anti-Dumping) Act 1975 to apply to goods of a particular kind that may be imported into Australia;

(b) goods of that kind are imported while that notice is in force; and

(c) security is taken after the importation of those goods in relation to the interim duty that may be payable in respect of them;

subsection (2) does not apply in relation to that security.