Customs Act 1901

PART VIII - THE DUTIES

Division 2 - Valuation of Imported Goods

SECTION 160 INABILITY TO DETERMINE A VALUE OF IMPORTED GOODS BY REASON OF INSUFFICIENT OR UNRELIABLE INFORMATION

160(1) [Collector not satisfied]

Where a Collector is not satisfied that there is sufficient reliable information available to the Collector, being information of a kind referred to in subsection (2), to enable him or her to determine a value of imported goods in accordance with a provision of this Division for determining their customs value, the Collector may determine, in writing, that he or she is not so satisfied and the Collector shall thereupon be taken to be unable to determine that first-mentioned value.

160(2) [Collector to determine in writing dissatisfaction]

Where a Collector is not satisfied that there is sufficient reliable information available to the Collector to enable him or her to determine the quantity and correctness of any amount that is required to be taken into account in determining a value of those goods in accordance with a provision of this Division for determining the customs value of imported goods, then:

(a) where that amount would ordinarily form part of their customs value under the particular valuation method set out in that provision - the Collector shall determine, in writing, that he or she is not so satisfied and the Collector shall thereupon be taken to be unable to use that method;

(b) where that amount would ordinarily be deducted from the amount that would otherwise be their customs value under the particular valuation method set out in that provision:

(i) if the Collector determines, in writing, that he or she is not so satisfied and that he or she does not desire to use the method - the Collector shall thereupon be taken to be unable to use that method; and

(ii) if the Collector determines, in writing, that he or she is not so satisfied but that he or she desires to use the method - the Collector may use the method but no deduction shall be allowed on account of that amount.

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