Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004 (25 of 2004)

Schedule 2   Other amendments

Customs Act 1901

5   At the end of Part IV

Add:

Division 5 - Detention of goods in the public interest

77EA Minister may order goods to be detained

(1) The Minister may, if the Minister considers that it is in the public interest to do so, order Customs to detain the goods specified in the Minister’s order.

(2) At the time an order is made to detain goods:

(a) the goods must be goods the importation of which is restricted by the Customs (Prohibited Imports) Regulations 1956; and

(b) the goods must have been imported into Australia; and

(c) the importation of the goods must not breach this Act; and

(d) the goods must not have been:

(i) delivered into home consumption in accordance with an authority to deal with the goods; or

(ii) exported from Australia.

(3) An order to detain goods has effect despite any provision of this Act to the contrary.

77EB Notice to person whose goods are detained

If the Minister orders goods to be detained, the Minister must, as soon as practicable after making the order, give written notice of the order to:

(a) the owner of the goods; or

(b) if the owner of the goods cannot be identified after reasonable inquiry - the person in whose possession or under whose control the goods were at the time the order was given.

77EC Detention of goods by Customs

If the Minister orders Customs to detain goods under section 77EA, Customs must:

(a) move the goods to a place that is approved by a Collector for the purpose of detaining goods under this Subdivision (unless the goods are already in such a place); and

(b) detain the goods in that place until the goods are dealt with under section 77ED, 77EE or 77EF.

77ED Minister may authorise delivery of detained goods into home consumption

(1) On application by the owner of goods detained under section 77EC, the Minister may authorise the delivery of the goods, or so much of the goods as the Minister specifies in the authority, into home consumption.

(2) An authority is subject to any conditions, or other requirements, specified in the authority in relation to the goods.

(3) An application under subsection (1) must be made before the end of the period of 12 months after the date of the order.

(4) The owner of goods authorised to be taken into home consumption under subsection (1) must comply with any other provision of this Act in relation to taking goods into home consumption.

77EE Minister may authorise export of detained goods

(1) On application by the owner of goods detained under section 77EC, the Minister may authorise the exportation of the goods, or so much of the goods as the Minister specifies in the authority, from Australia.

(2) An authority is subject to any conditions, or other requirements, specified in the authority in relation to the goods.

(3) An application under subsection (1) must be made before the end of the period of 12 months after the date of the order.

(4) The owner of goods authorised to be exported under subsection (1) must comply with any other provision of this Act in relation to exporting goods.

77EF When goods have been detained for 12 months

Goods to be exported or disposed of

(1) This section applies if, at the end of the period of 12 months after an order to detain goods is given, some or all of the goods (the remaining goods ) have not been:

(a) delivered into home consumption in accordance with an authority given under section 77ED; or

(b) exported in accordance with an authority given under section 77EE.

(2) The Minister may grant an authority to export the remaining goods from Australia.

(3) The owner of goods authorised to be exported under subsection (2) must comply with any other provision of this Act in relation to exporting goods.

(4) If:

(a) the Minister does not grant an authority to export the remaining goods from Australia within 1 month of the end of the period of 12 months after the date of the order; or

(b) the remaining goods have not been exported from Australia within 2 months after the date of an authority to export the goods under subsection (2);

the Minister must authorise Customs to dispose of the goods in the manner the Minister considers appropriate.

Compensation for detained goods

(5) Nothing in this section prevents a person from seeking compensation in relation to the remaining goods, or other goods ordered to be detained under this Subdivision, in accordance with section 4AB.