Customs Act 1901

PART XB - CONTROLLED TRIALS  

Division 4 - Instruments  

SECTION 179L   RULES SPECIFIC TO A CONTROLLED TRIAL  

179L(1)    
The Comptroller-General of Customs may, by legislative instrument, make rules that make provision for and in relation to the following:

(a)    establishing a controlled trial;

(b)    the period of operation of a controlled trial;

(c)    extending the period of operation of a controlled trial;

(d)    revoking a controlled trial.

179L(2)    
For the purposes of subsection (1) :

(a)    rules that establish a controlled trial must specify the purpose of the controlled trial; and

(b)    the period of operation of a controlled trial must not be more than 12 months; and

(c)    the period of operation of a controlled trial may begin after the day on which the controlled trial is established; and

(d)    an extension of the period of operation of a controlled trial must not be more than 6 months; and

(e)    the period of operation of a controlled trial must not be extended more than once.

179L(3)    
The Comptroller-General of Customs may, by legislative instrument, make rules that make provision for and in relation to the following for a controlled trial:

(a)    the eligibility criteria that an entity must meet in order for the Comptroller-General of Customs to approve an entity ' s participation in that trial;

(b)    the matters that the Comptroller-General of Customs must consider in deciding whether to approve an entity ' s participation in that trial;

(c)    the conditions that approvals under section 179E in relation to that trial are subject to;

(d)    the matters that the Comptroller-General of Customs must consider when deciding whether to vary, suspend or revoke an approval under section 179E in relation to that trial;

(e)    the procedures that the Comptroller-General of Customs must follow when varying, suspending or revoking an approval under section 179E in relation to that trial;

(f)    each obligation under a controlled trial provision that, in relation to that trial, entities holding an approval, that is in force, to participate in that trial are released from;

(g)    the following:

(i) each obligation under a controlled trial provision that, in relation to that trial, entities holding an approval, that is in force, to participate in that trial cannot satisfy in the way required by this Act;

(ii) the way in which those entities must satisfy that obligation;

(h)    each obligation that, in relation to that trial, entities holding an approval, that is in force, to participate in that trial must comply with, being an obligation that is in relation to a controlled trial provision;

(i)    the kind of benefits that entities holding an approval, that is in force, to participate in that trial may receive and any criteria to be satisfied for entities to receive those benefits;

(j)    a matter that is incidental or ancillary to a matter covered by paragraph (a) , (b) , (c) , (d) , (e) , (f) , (g) , (h) or (i) .

Note:

For controlled trial provision , see subsection 4(1) .

179L(4)    
To avoid doubt, rules made under this section may not do the following:

(a)    create an offence or civil penalty;

(b)    provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c)    impose a tax;

(d)    set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

(e)    directly amend the text of this Act.