Customs Amendment (Enhanced Border Controls and Other Measures) Act 2009 (34 of 2009)

Schedule 3   Cargo reports

Customs Act 1901

1   After subsection 64AB(14)

Insert:

(14A) A cargo reporter who is required to make a cargo report in respect of particular goods is not liable to be prosecuted for, and cannot be served with an infringement notice under Division 5 of Part XIII for, an offence against this section if:

(a) the cargo reporter made a cargo report, but contravened subsection (8) because the report was not made before the start of a certain period; and

(b) the time (the actual time of arrival ) at which the ship or aircraft in question arrived at the first port or airport in Australia since it last departed from a port or airport outside Australia was later than the estimated time of arrival referred to in subsection (8); and

(c) the cargo reporter would not have contravened subsection (8) if the estimated time of arrival of the ship or aircraft had been its actual time of arrival.