Customs Act 1901

PART IV - THE IMPORTATION OF GOODS  

Division 3 - The Report of the Cargo  

Subdivision A - General reporting requirements  

SECTION 64AA   ARRIVAL REPORT  

64AA(1)    

This section applies to a ship or aircraft in respect of a voyage or flight to Australia from a place outside Australia.

64AA(2)    

When the ship or aircraft has arrived at a port or airport in Australia (whether the first port or airport or any subsequent port or airport on the same voyage or flight), the operator must report to the Department, in accordance with this section, particulars of the arrival of the ship or aircraft and the time of arrival.

64AA(3)    

Subject to subsection (3A), the report must be made:

(a) in the case of a ship - before:

(i) the end of 24 hours (disregarding any period that occurs on a Saturday, Sunday or holiday) after the ship's arrival; or

(ii) the issue of a Certificate of Clearance in respect of the ship and the port;

whichever first happens; or

(b) in the case of an aircraft - before:

(i) the end of 3 hours after the aircraft's arrival; or

(ii) the issue of a Certificate of Clearance in respect of the aircraft and the airport;

whichever first happens.

64AA(3A)    

The Comptroller-General of Customs may, by legislative instrument, determine that reports for specified ships, or specified aircraft, in specified circumstances must be made before a specified time or before the occurrence of a specified event. Such reports must be made in accordance with the instrument.

64AA(4)    

Subject to subsection (5), a report mentioned in subsection (3) or (3A) may be made by document or electronically.

64AA(5)    

If the operator is required to report to the Department under section 64AAB , or to make a cargo report, in respect of the voyage or flight, a report mentioned in subsection (3) or (3A) must be made electronically.

64AA(6)    
A documentary report must:

(a) be in writing; and

(b) be in an approved form; and

(c) be communicated to the Department by sending or giving it to an officer doing duty in relation to the reporting of ships or aircraft at the port or airport of arrival; and

(d) contain such information as is required by the form; and

(e) be signed in a manner specified in the form.

64AA(7)    
An electronic report must communicate such information as is set out in an approved statement.

64AA(8)    

The Comptroller-General of Customs may approve different forms for documentary reports, and different statements for electronic reports, to be made under subsections (6) and (7) in different circumstances, by different kinds of operators of ships or aircraft or in respect of different kinds of ships or aircraft.

64AA(9)    
An operator of a ship or aircraft who intentionally contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.

64AA(10)    
An operator of a ship or aircraft who contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.

64AA(11)    
An offence against subsection (10) is an offence of strict liability.