Customs Amendment (Export Controls and Other Measures) Act 2011 (63 of 2011)

Schedule 1   Control of export goods

Part 3   Suspension of an authority to deal with export goods

Customs Act 1901

16   After section 114C

Insert:

114CA Suspension of an authority to deal with goods entered for export in order to verify particulars of the goods

(1) An officer may, at any time before goods authorised to be dealt with in accordance with an export entry advice are so dealt with, suspend the authority to deal for a specified period in order to verify particulars of the goods shown in the export declaration made in respect of the goods:

(a) by reference to information contained in commercial documents relating to the goods that have been given to Customs by the owner of the goods on, or at any time after, the communication of the declaration to Customs; or

(b) by reference to information, in writing, in respect of the goods that has been so given to Customs.

(2) If an officer suspends under subsection (1) an authority to deal that was given in respect of a documentary declaration:

(a) the officer must:

(i) sign a notice that states that the authority is so suspended and sets out the reasons for the suspension; and

(ii) serve a copy of the notice on the person who made the declaration or, if that person does not have possession of the goods, on the person who has possession of the goods; and

(b) the suspension has effect from the time when the notice is served.

(3) If an officer suspends under subsection (1) an authority to deal that was given in respect of an electronic declaration or an ACEAN:

(a) the officer must send electronically, to the person who made the declaration or used the ACEAN, a message that states that the authority is so suspended and sets out the reasons for the suspension; and

(b) the suspension has effect from the time when the message is sent.

114CB Revocation of the suspension of an authority to deal

(1) If an authority to deal has been suspended under subsection 114CA(1), an officer must revoke the suspension if, during the period of suspension, the officer verifies the particulars of the goods shown in the export declaration made in respect of the goods.

(2) If the revocation relates to an authority to deal that was given in respect of a documentary declaration:

(a) the officer must:

(i) sign a notice that states that the suspension is revoked; and

(ii) serve a copy of the notice on the person to whom the notice of the suspension was given; and

(b) the revocation has effect from the time when the notice is served.

(3) If the revocation relates to an authority to deal that was given in respect of an electronic declaration or an ACEAN:

(a) the officer must send electronically, to the person to whom the message notifying the suspension was sent, a message that states that the suspension is revoked; and

(b) the revocation has effect from the time when the message is sent.

114CC An officer may seek additional information if an authority to deal has been suspended

Scope

(1) This section applies if an authority to deal with goods is suspended under subsection 114CA(1) in order to verify particulars of the goods shown in the export declaration made in respect of the goods.

Owner may be required to deliver commercial documents or information

(2) If an officer believes, on reasonable grounds, that the owner of the goods has custody or control of commercial documents relating to the goods, or has or can obtain information relating to the goods, that will assist the officer to verify those particulars, the officer may require the owner:

(a) to deliver to the officer the commercial documents relating to the goods that are in the owner’s custody or control (including any such documents that had previously been delivered to an officer and had been returned to the owner); or

(b) to deliver to the officer such specified information, in writing, relating to the goods as is within the knowledge of the owner or as the owner is reasonably able to obtain.

(3) A documentary requirement for the delivery of documents or information relating to the goods must:

(a) be communicated to the person by whom, or on whose behalf, the export declaration was communicated; and

(b) be in an approved form and contain such particulars as the form requires.

(4) An electronic requirement for the delivery of documents or information relating to the goods must:

(a) be sent electronically to the person who made the export declaration; and

(b) communicate such particulars as are set out in an approved statement.

Officer may ask any questions relating to the goods

(5) An officer may ask:

(a) the owner of the goods; and

(b) if another person made the export declaration on behalf of the owner - the other person;

any questions relating to the goods.

Owner may be required to verify the particulars

(6) An officer may require the owner of the goods to verify the particulars shown in the export declaration by making a declaration or producing documents.

Commercial documents must be returned

(7) Subject to section 215, if a person delivers a commercial document to an officer under this section, the officer must deal with the document and then return it to that person.