Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision GC - Post-importation permission  

SECTION 209X   MATTERS TO BE DEALT WITH IN DETENTION NOTICES  

209X(1)    
A detention notice must set out the following:

(a) a statement identifying the goods;

(b) the day on which the goods were detained;

(c) the ground, or each of the grounds, on which the goods were detained;

(d) a statement that the goods will be taken to be seized if:

(i) written evidence of the making of an application for each required permission to import the goods that was not granted, or given, by the time the goods were imported is not provided to the Department by the end of a specified period (the application period); or

(ii) not all of the required permissions to import the goods are granted, or given, by the end of a specified period (the grant period); or

(iii) during the application period or the grant period, the owner of the goods notifies the Department, in writing, that an application for a required permission to import the goods has been refused;

(e) a statement that, if the goods are taken to be seized because written evidence is not provided to the Department by the end of the application period, the goods will be taken to be seized on the day after the end of the application period;

(f) a statement that, if the goods are taken to be seized because not all of the required permissions to import the goods are granted, or given, by the end of the grant period, the goods will be taken to be seized on the day after the end of the grant period;

(g) a statement that, if the goods are taken to be seized because during the application period or the grant period the owner of the goods notifies the Department, in writing, that an application for a required permission to import the goods has been refused, the goods will be taken to be seized on the day after the Department is so notified;

(h) the ground, or each of the grounds, on which the goods will be taken to be seized;

(i) a statement that, if the goods are taken to be seized and a claim for the return of the goods has not already been made, and is not made within 30 days after the day the goods are taken to be seized, the goods will be taken to be condemned as forfeited to the Crown;

(j) if the notice is to be served in a foreign country - a statement that the person served, if that person has not yet made a claim for the return of the goods, may not make such a claim unless he or she has first appointed in writing an agent in Australia with authority to accept service of documents, including process in any proceedings arising out of the matter.

209X(2)    
The application period specified in a detention notice under subparagraph (1)(d)(i) must be the period that:

(a) starts on the day that the notice is served; and

(b) ends 30 days, or such other period as is prescribed by the regulations, after that day.

209X(3)    
The grant period specified in a detention notice under subparagraph (1)(d)(ii) must be the period that:

(a) starts on the day written evidence of the making of an application for a required permission to import the goods is first provided to the Department; and

(b) ends 30 days, or such other period as is prescribed by the regulations, after the first day on which written evidence of the making of an application for all of the required permissions to import the goods that were not granted, or given, by the time the goods were imported has been provided to the Department.