Customs Act 1901

PART VI - THE EXPORTATION OF GOODS  

Division 2 - Entry and clearance of goods for export  

Subdivision D - General  

SECTION 119AA   APPLICATION FOR PERMISSION TO MOVE, ALTER OR INTERFERE WITH GOODS FOR EXPORT  

119AA(1)    

This section applies to goods if:

(a) the goods are subject to customs control under paragraph 30(1)(b) , (c) or (d); and

(b) either:

(i) the goods have been entered for export and an authority to deal with the goods is in force; or

(ii) the goods are the subject of a permission in force under subsection 96A(2) .

(c) (Repealed by No 19 of 2017)

119AA(2)    

A person may apply to the Department for permission to move, alter or interfere with the goods in a particular way.

119AA(3)    

An application under subsection (2) may be made by document or electronically.

(3A)    

A documentary application must:

(a) be communicated to the Department by sending or giving it to an officer doing duty in relation to export entries; and

(b) be in an approved form; and

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

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

(3B)    

An electronic application must communicate such information as is set out in an approved statement.

119AA(4)    

The Comptroller-General of Customs may approve different forms for documentary applications, and different statements for electronic applications, made under this section in different circumstances or by different classes of persons.

119AA(5)    
If an application is made under subsection (2), an officer may direct the applicant to ensure that the goods are held in the place where they are currently located until a decision is made on the application.

119AA(6)    

If a direction is not given under subsection (5), or a reasonable period has elapsed since the giving of such a direction to enable the making of an informed decision on the application, an officer must give a message by document, or send a message electronically, to the applicant:

(a) giving the applicant permission to move, alter or interfere with the goods in accordance with the application either unconditionally or subject to such conditions as are specified in the message; or

(b) refusing the application and setting out the reasons for the refusal.

119AA(7)    
If a person moves, alters or interferes with goods otherwise than in accordance with a relevant permission, the movement of the goods is, for the purposes of paragraph 229(1)(g), taken not to have been authorised by this Act.