Customs Act 1901

PART III - CUSTOMS CONTROL EXAMINATION AND SECURITIES GENERALLY  

SECTION 48   EFFECT OF SECURITY  

48(1)    

Whenever any such security is put in suit by the Collector the production thereof without further proof shall entitle the Collector to judgment for their stated liability against the persons appearing to have executed the same unless the defendants shall prove compliance with the condition or that the security was not executed by them or release or satisfaction.

48(2)    

If it appears to the Court that a non-compliance with a security has occurred, the security shall not be deemed to have been discharged or invalidated, and the subscribers shall not be deemed to have been released or discharged from liability by reason of -

(a) an extension of time or other concession; or

(b) the Commonwealth having consented to, or acquiesced in, a previous non-compliance with the condition; or

(c) the Collector having failed to bring suit against the subscribers upon the occurrence of a previous non-compliance with the condition.