Customs Legislation Amendment Act (No. 1) 2002 (82 of 2002)

Schedule 3   International trade modernisation

Part 3   Exportation of goods

Customs Act 1901

41   After section 119

Insert:

119AA - Application for permission to move, alter or interfere with goods for export

(1) This section applies to goods:

(a) that are subject to the control of Customs under paragraph 30(1)(b), (c) or (d); and

(b) that have been entered for export; and

(c) in relation to which an authority to deal with the goods is in force.

(2) A person may apply to Customs for permission to move, alter or interfere with the goods in a particular way.

(3) An application under subsection (2) must:

(a) be made electronically; and

(b) communicate such information as is set out in an approved statement.

(4) The CEO may approve different statements for electronic applications made under this section in different circumstances or by different classes of persons.

(5) If an application is made under subsection (2), an officer may direct the applicant to ensure that the goods are held in the place where they are currently located until a decision is made on the application.

(6) If a direction is not given under subsection (5), or a reasonable period has elapsed since the giving of such a direction to enable the making of an informed decision on the application, an officer must send a message electronically to the applicant:

(a) giving the applicant permission to move, alter or interfere with the goods in accordance with the application either unconditionally or subject to such conditions as are specified in the message; or

(b) refusing the application and setting out the reasons for the refusal.

(7) If a person moves, alters or interferes with goods otherwise than in accordance with a relevant permission, the movement of the goods is, for the purposes of paragraph 229(1)(g), taken not to have been authorised by this Act.