CUSTOMS ACT 1901

Commonwealth Consolidated Acts

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CUSTOMS ACT 1901

TABLE OF PROVISIONS

Long Title

PART I--INTRODUCTORY

1. Short title
2. Commencement
4. Definitions
4AAA. Members of family
4AA. Act not to apply so as to exceed Commonwealth power
4AB. Compensation for acquisition of property
4A. Approved forms and approved statements
4B. What is a Customs - related law
4C. Identity cards
5. Penalties at foot of sections or subsections
5AA. Application of the Criminal Code

PART II--ADMINISTRATION

5A. Attachment of overseas resources installations
5B. Installation of overseas sea installations
5BA. Installation of overseas offshore electricity installations
5C. Certain installations to be part of Australia
6. Act does not extend to external Territories
7. General administration of Act
8. Collectors, States and Northern Territory
8A. Attachment of part of a State or Territory to adjoining State or Territory for administrative purposes
9. Delegation
11. Arrangements with States and the Northern Territory
13. Customs seal
14. Flag
15. Appointment of ports etc.
19. Accommodation on wharfs and at airports
20. Waterfront area control
25. Persons before whom declarations may be made
26. Declaration by youths
28. Working days and hours etc.

PART III--CUSTOMS--CONTROL EXAMINATION AND SECURITIES GENERALLY

30. Customs control of goods
30A. Exemptions under Torres Strait Treaty
31. Goods on ships and aircraft subject to customs control
33. Persons not to move goods subject to customs control
33A. Resources installations subject to customs control
33B. Sea installations subject to customs control
33BA. Offshore electricity installations subject to customs control
33C. Obstructing or interfering with Commonwealth property in a Customs place
34. No claim for compensation for loss
35. Goods imported by post
35A. Amount payable for failure to keep dutiable goods safely etc.
36. Offences for failure to keep goods safely or failure to account for goods
37. Accounting for goods
42. Right to require security
43. Form of security
44. General securities may be given
45. Cancellation of securities
46. New securities
47. Form of security
48. Effect of security

PART IV--THE--IMPORTATION OF GOODS

Division 1A--Preliminary

49. Importation
49A. Ships and aircraft deemed to be imported
49B. Installations and goods deemed to be imported
49C. Obligations under this Part may be satisfied in accordance with a trusted trader agreement

Division 1--Prohibited imports

50. Prohibition of the importation of goods
51. Prohibited imports
51A. Certain controlled substances taken to be prohibited imports
52. Invalidation of licence, permission etc. for false or misleading information

Division 2--The boarding of ships and aircraft

58. Ships and aircraft to enter ports or airports
58A. Direct journeys between installations and external places prohibited
58B. Direct journeys between certain resources installations and external places prohibited
60. Boarding stations
61. Facility for boarding
61A. Owner or operator of port etc. to facilitate boarding
62. Ships to come quickly to place of unlading
63. Ship or aircraft not to be moved without authority

Division 3--The report of the cargo

Subdivision A--General reporting requirements

63A. Definitions
64. Impending arrival report
64AA. Arrival report
64AAA. Report of stores and prohibited goods
64AAB. Notifying Department of particulars of cargo reporters
64AAC. Report to Department of persons engaged to unload cargo
64AB. Cargo reports
64ABAA. Outturn reports
64ABAB. When outturn report is to be communicated to Department
64ABAC. Explanation of shortlanded or surplus cargo
64ACA. Passenger reports
64ACB. Crew reports
64ACC. Information does not have to be reported if it has already been reported under the Migration Act 1958
64ACD. Offence for failure to comply
64ACE. Communication of reports
64ADAA. Requirements for communicating to Department electronically
64ADA. Disclosure of cargo reports to port authorities
64AE. Obligation to answer questions and produce documents
64AF. Obligation to provide access to passenger information
64A. Ships or aircraft arriving at certain places
65. Master or pilot of wrecked ship or aircraft to report
66. Goods derelict to be delivered to officer
67. Interference with derelict goods

Subdivision C--The registration, rights and obligations of special reporters

67EA. Special reporters
67EB. Requirements for registration as a special reporter
67EC. The making of an application
67ED. Consideration of the application
67EE. Basic conditions attaching to registration as a special reporter
67EF. Storage and record maintenance conditions
67EG. Special mail - order house condition
67EH. Further conditions may be imposed by regulations
67EI. Breach of conditions of registration
67EJ. Duration of registration
67EK. Renewal of registration
67EL. Comptroller - General of Customs to allocate a special identifying code for each special reporter
67EM. Cancellation of registration as special reporter

Subdivision E--Registering re-mail reporters

67F. Applying to be a re - mail reporter
67G. Registering re - mail reporters
67H. Fit and proper person test
67I. Obligation of re - mail reporters to notify Comptroller - General of Customs of certain matters
67J. Varying etc. conditions of registration
67K. Cancelling the registration of a re - mail reporter

Division 4--The entry, unshipment, landing, and examination of goods

Subdivision A--Preliminary

68. Entry of imported goods
68A. Goods imported for transhipment
69. Like customable goods and excise - equivalent goods
70. Special clearance goods
71. Information and grant of authority to deal with goods not required to be entered

Subdivision AA--Information and grant of authority to deal with Subdivision AA goods

71AAAA. Meaning of Subdivision AA goods
71AAAB. Report and grant of authority to deal with Subdivision AA goods
71AAAC. Suspension of authority to deal with Subdivision AA goods

Subdivision AB--Information and grant of authority to deal with specified low value goods

71AAAD. Meaning of specified low value goods
71AAAE. Regulations
71AAAF. Making a self - assessed clearance declaration
71AAAG. Collector's response if a self - assessed clearance declaration is communicated separately from a cargo report
71AAAH. Collector's response if a self - assessed clearance declaration is communicated together with a cargo report
71AAAI. Authority to deal with goods covered by a self - assessed clearance declaration
71AAAJ. Contents of authority to deal with specified low value goods
71AAAK. No authority to deal with specified low value goods while subject to a direction to hold or further examine
71AAAL. No authority to deal with specified low value goods unless duty etc. paid
71AAAM. Suspension of authority to deal with specified low value goods
71AAAN. Cancellation of authority to deal with specified low value goods
71AAAO. Officer may seek further information in relation to self - assessed clearance declaration
71AAAP. Withdrawal of self - assessed clearance declarations
71AAAQ. Further self - assessed clearance declaration not to be given while there is an existing self - assessed clearance declaration
71AAAR. Effect of withdrawal of a self - assessed clearance declaration
71AAAS. Annotation of self - assessed clearance declaration by Collector for certain purposes not to constitute withdrawal
71AAAT. Manner and effect of communicating self - assessed clearance declarations to Department

Subdivision B--Import declarations

71A. Making an import declaration
71B. Liability for import declaration processing charge
71BA. Warehoused goods declaration fee
71C. Authority to deal with goods in respect of which an import declaration has been made
71D. Visual examination in presence of officer
71DA. An officer may seek additional information

Subdivision D--Warehouse declarations

71DG. Subdivision does not apply to tobacco products
71DH. Making a warehouse declaration
71DI. Liability for warehouse declaration processing charge
71DJ. Authority to deal with goods in respect of which a warehouse declaration has been made
71DK. Visual examination in presence of officer
71DL. An officer may seek additional information

Subdivision E--General

71E. Movement permissions
71F. Withdrawal of import entries
71G. Goods not to be entered while an entry is outstanding
71H. Effect of withdrawal
71J. Annotation of import entry by Collector for certain purposes not to constitute withdrawal
71K. Manner of communicating with Department by document
71L. Manner and effect of communicating with Department electronically
71M. Requirements for communicating to Department electronically
72. Failure to make entries
73. Breaking bulk
74. Officer may give directions as to storage or movement of certain goods
76. Goods landed at ship's risk etc.
77. Repacking on wharf
77AA. Disclosure of information to cargo reporter or owner of goods

Division 5--Detention of goods in the public interest

77EA. Minister may order goods to be detained
77EB. Notice to person whose goods are detained
77EC. Detention of goods by Collector
77ED. Minister may authorise delivery of detained goods into home consumption
77EE. Minister may authorise export of detained goods
77EF. When goods have been detained for 12 months

PART IVA--DEPOTS

77F. Interpretation
77G. Depot licences
77H. Application for a depot licence
77J. Comptroller - General of Customs may require applicant to supply further information
77K. Requirements for grant of depot licence
77L. Granting of a depot licence
77LA. Variation of places covered by depot licence
77N. Conditions of a depot licence--general
77P. Conditions of a depot licence--imported goods
77Q. Comptroller - General of Customs may impose additional conditions to which a depot licence is subject
77R. Breach of conditions of depot licence
77S. Duration of depot licences
77T. Renewal of depot licences
77U. Licence charges
77V. Notice of intended cancellation etc. of a depot licence
77VA. Depot must not be used if depot licence is suspended etc.
77VB. Revocation of suspension of depot licences
77VC. Cancellation of depot licences
77W. Refund of depot licence charge on cancellation of a depot licence
77X. Collector's powers in relation to a place that is no longer a depot
77Y. Collector may give directions in relation to goods subject to customs control
77Z. Licences cannot be transferred
77ZA. Service of notice

PART V--WAREHOUSES

78. Interpretation
79. Warehouse licences
80. Applications for warehouse licences
80A. Comptroller - General of Customs may require applicant to supply further information
81. Requirements for grant of warehouse licence
81A. Grant of a warehouse licence
81B. Variation of the place covered by a warehouse licence
82. Conditions of warehouse licences
82A. Comptroller - General of Customs may impose additional conditions to which a warehouse licence is subject
82B. Comptroller - General of Customs may vary the conditions to which a warehouse licence is subject
82C. Breach of conditions of a warehouse licence
83. Duration of warehouse licence
84. Renewal of warehouse licence
85. Licence charges
85A. Payment of warehouse licence charge
86. Suspension of warehouse licences
87. Cancellation of warehouse licences
87A. Refund of warehouse licence charge
87B. Variation of excise - equivalent warehouse licence to remove warehouse
88. Service of notices
89. Death of licence holder
90. Obligations of holders of warehouse licences
91. Access to warehouses
92. Repacking in warehouse
93. Regauging etc. of goods
94. Goods not worth duty may be destroyed
95. Revaluation
96. Arrears of warehouse charges
96A. Outwards duty free shops
96B. Inwards duty free shops
97. Goods for public exhibition
98. Goods blended or packaged in warehouse
99. Entry of warehoused goods
100. Entry of goods without warehousing with permission of Collector
101. Delivery of warehousing authority
102. Holder of licence to inform Collector of certain matters
102A. Notices to Department by holder of warehouse licence
102AB. Disclosure of excise - equivalent warehouse licence information

PART VAAA--CARGO--TERMINALS

Division 1--Preliminary

102B. Definitions
102BA. Meaning of fit and proper person

Division 2--Obligations of cargo terminal operators

102C. Notifying Department of cargo terminal
102CA. Physical security of cargo terminal and goods
102CB. Movement of signs at or near cargo terminal
102CC. Notification requirements relating to goods
102CD. Unclaimed goods
102CE. Record keeping requirements
102CF. Fit and proper person
102CG. Adequate training of staff
102CH. Complying with directions
102CI. Responsibility to provide facilities and assistance
102CJ. Comptroller - General of Customs may impose additional obligations
102CK. Offence--failure to comply with obligations or requirements

Division 3--Obligations of cargo handlers

102D. Certain provisions of Division 2 apply
102DA. Unpacking of goods in containers at cargo terminal
102DB. Facilitating transhipment or export of goods
102DC. Using establishment identification when communicating with Department
102DD. Comptroller - General of Customs may impose additional obligations
102DE. Offence--failure to comply with obligations or requirements

Division 4--Powers of authorised officers

102E. General powers
102EA. Power to make requests
102EB. Power to give directions

Division 5--Directions to cargo terminal operators or cargo handlers

102F. Directions to cargo terminal operators or cargo handlers etc.
102FA. Offence--failure to comply with direction

PART VA--SPECIAL--PROVISIONS RELATING TO BEVERAGES

103. Interpretation
104. Customable beverage imported in bulk must be entered for warehousing
105. Certain customable beverage not to be entered for home consumption in bulk containers without approval of Comptroller - General of Customs
105A. Delivery from customs control of brandy, whisky or rum

PART VAA--SPECIAL--PROVISIONS RELATING TO EXCISE-EQUIVALENT GOODS

105B. Extinguishment of duty on excise - equivalent goods
105C. Returns
105D. GST matters
105E. Use of excise - equivalent goods in the manufacture of excisable goods to occur at a dual - licensed place

PART VB--INFORMATION--ABOUT PERSONS DEPARTING AUSTRALIA

Division 1--Reports on departing persons

Subdivision A--Reports on departing persons

106A. Ships and aircraft to which this Subdivision applies
106B. Report 48 hours before ship or aircraft is due to depart
106C. Report 4 hours before ship or aircraft is due to depart
106D. Report just before ship or aircraft departs

Subdivision B--Reports on matters in approved statement

106E. Ships and aircraft to which this Subdivision applies
106F. Reports on matters in approved statement

Subdivision C--How reports under this Division are to be made

106G. Reports to be made electronically
106H. Reports to be made by document if approved electronic system or other approved format or method unavailable
106I. Comptroller - General of Customs may approve different statements or forms

Division 2--Questions about departing persons

106J. Officers may question operators about departing persons

PART VI--THE--EXPORTATION OF GOODS

Division 1AAA--Preliminary

107. Obligations under this Part may be satisfied in accordance with a trusted trader agreement

Division 1--Prohibited exports

112. Prohibited exports
112A. Certain controlled substances taken to be prohibited exports
112B. Invalidation of licence, permission etc. for false or misleading information

Division 1AA--Export of goods for a military end-use

112BA. Notice prohibiting export
112BB. How notices are to be given
112BC. Statement to Parliament

Division 1A--Directions in relation to goods for export etc. that are subject to customs control

112C. Collector may give directions in relation to goods for export etc. that are subject to customs control
112D. Compliance with a direction given under section 112C

Division 2--Entry and clearance of goods for export

Subdivision A--Preliminary

113. Entry of goods for export
113AA. How an entry of goods for export is made

Subdivision B--Export declarations

114. Making an export declaration
114A. An officer may seek additional information
114B. Confirming exporters

Subdivision D--General

114C. Authority to deal with goods entered for export
114CA. Suspension of an authority to deal with goods entered for export in order to verify particulars of the goods
114CB. Revocation of the suspension of an authority to deal
114CC. An officer may seek additional information if an authority to deal has been suspended
114D. Goods to be dealt with in accordance with export entry
114E. Sending goods to a wharf or airport for export
114F. Notices to Department by person who receives goods at a wharf or airport for export
115. Goods not to be taken on board without authority to deal
116. What happens when goods entered for export by an export declaration are not dealt with in accordance with the export entry
117. Security
117AA. Consolidation of certain goods for export can only occur at a prescribed place
117A. Submanifests to be communicated to Department
118. Certificate of Clearance
118A. Requirements for granting a Certificate of Clearance in respect of certain ships or aircraft
119. Communication of outward manifest to Department
119AA. Application for permission to move, alter or interfere with goods for export
119AB. Application for permission to move, alter or interfere with goods that are no longer for export
119AC. Dealing with an application for a permission to move etc. goods that are no longer for export
119A. Withdrawal of entries, submanifests and manifests
119B. Effect of withdrawal
119C. Change of electronic entries and change of submanifests and manifests treated as withdrawals
119D. Notification of export entries, submanifests, manifests , withdrawals and applications
119E. Requirements for communicating to Department electronically
120. Shipment of goods
122. Time of clearance

Division 3A--Examining goods for export that are not yet subject to customs control

122F. Object of Division
122G. Occupier of premises
122H. Consent required to enter premises and examine goods for export
122J. Officer must leave premises if consent withdrawn
122K. Power to search premises for export goods
122L. Power to examine export goods
122M. Power to examine documents relating to export goods
122N. Power to question occupier about export goods
122P. Power to bring equipment to the premises
122Q. Compensation
122R. Powers in this Division are additional to other powers

Division 4--Exportation procedures after Certificate of Clearance issued

123. Ship to bring to and aircraft to stop at boarding stations
124. Master or pilot to account for missing goods
125. Goods exported to be landed at proper destination
126. Certificate of landing

Division 4A--Exportation of goods to Singapore

126AAA. Definitions
126AB. Record keeping obligations
126AC. Power to require records
126AD. Power to ask questions

Division 4B--Exportation of textile or apparel goods to the US

126AE. Authorised officer may request records or ask questions

Division 4C--Exportation of goods to Thailand

126AF. Definitions
126AG. Record keeping obligations
126AH. Power to require records
126AI. Power to ask questions

Division 4D--Exportation of goods to New Zealand

126AJA. Definitions
126AJB. Record keeping obligations
126AJC. Power to require records
126AJD. Power to ask questions

Division 4DA--Exportation of goods to Peru

126AJE. Definitions
126AJF. Record keeping obligations
126AJG. Power to require records
126AJH. Power to ask questions

Division 4E--Exportation of goods to Chile

126AKA. Definitions
126AKB. Record keeping obligations
126AKC. Power to require records
126AKD. Power to ask questions

Division 4EA--Exportation of goods to Parties to the Pacific Agreement on Closer Economic Relations Plus

126AKE. Definitions
126AKF. Record keeping obligations
126AKG. Power to require records
126AKH. Power to ask questions

Division 4EB--Exportation of goods to Parties to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

126AKI. Definitions
126AKJ. Record keeping obligations
126AKK. Power to require records
126AKL. Power to ask questions

Division 4F--Exportation of goods to Malaysia

126ALA. Definitions
126ALB. Record keeping obligations
126ALC. Power to require records
126ALD. Power to ask questions

Division 4FA--Exportation of goods to Indonesia

126ALE. Definitions
126ALF. Record keeping obligations
126ALG. Power to require records
126ALH. Power to ask questions

Division 4G--Exportation of goods to Korea

126AMA. Definitions
126AMB. Record keeping obligations
126AMC. Power to require records
126AMD. Power to ask questions

Division 4GA--Exportation of goods to India

126AME. Definitions
126AMF. Record keeping obligations
126AMG. Power to require records
126AMH. Power to ask questions

Division 4H--Exportation of goods to Japan

126ANA. Definitions
126ANB. Record keeping obligations
126ANC. Power to require records
126AND. Power to ask questions

Division 4J--Exportation of goods to China

126AOA. Definitions
126AOB. Record keeping obligations
126AOC. Power to require records
126AOD. Power to ask questions

Division 4K--Exportation of goods to Hong Kong, China

126APA. Definitions
126APB. Record keeping obligations
126APC. Power to require records
126APD. Power to ask questions

Division 4L--Exportation of goods to Parties to the Regional Comprehensive Economic Partnership Agreement

126AQA. Definitions
126AQB. Record keeping obligations
126AQC. Power to require records
126AQD. Power to ask questions

Division 4M--Exportation of goods to the United Kingdom

126ARA. Definitions
126ARB. Record keeping obligations
126ARC. Power to require records
126ARD. Power to ask questions

Division 5--Miscellaneous

126A. Export of installations
126B. Export of goods from installations
126C. Size of exporting vessel

PART VIA--ELECTRONIC--COMMUNICATIONS

126D. Comptroller - General of Customs to maintain information systems
126DA. Communications standards and operation
126DB. Authentication of certain electronic communications
126DC. Records of certain electronic communications
126DD. Authentication, records and Electronic Transactions Act 1999
126E. Communication to Department when information system is temporarily inoperative
126F. Payment when information system is temporarily inoperative
126G. Meaning of temporarily inoperative
126H. Comptroller - General of Customs may arrange for use of computer programs to make decisions etc.

PART VII--SHIPS----STORES AND AIRCRAFT'S STORES

127. Use of ships' and aircraft's stores
128. Unshipment of ships' and aircraft's stores
129. Ships' and aircraft's stores not to be taken on board without approval
130. Ship's and aircraft's stores exempt from duty
130A. Entry not required for ship's or aircraft's stores
130B. Payment of duty on ship's or aircraft's stores
130C. Interpretation

PART VIII--THE--DUTIES

Division 1--The payment and computation of duties generally

131A. Fish caught by Australian ships
131AA. No duty on goods for Timor Sea petroleum activities purpose
131B. Liability of Commonwealth authorities to pay duties of Customs
132. Rate of import duty
132AA. When import duty must be paid
132A. Prepayment of duty
132B. Declared period quotas--effect on rates of import duty
132C. Revocation and variation of quota orders
132D. Service of quota orders etc.
133. Export duties
134. Weights and measures
135. Proportion
136. Manner of fixing duty
137. Manner of determining volumes of, and fixing duty on, beer
142. Measurement for duty
145. Value of goods sold
148. Derelict goods dutiable
149. Duty on goods in report of cargo that are not produced or landed
150. Samples
152. Alterations to agreements where duty altered

Division 1AA--Calculation of duty on certain alcoholic beverages

153AA. Meaning of alcoholic beverage
153AB. Customs duty to be paid according to labelled alcoholic strength of prescribed alcoholic beverages
153AC. Rules for working out strength of prescribed alcoholic beverages
153AD. Obscuration

Division 1A--Rules of origin of preference claim goods

153A. Purpose of Division
153B. Definitions
153C. Total expenditure of factory on materials
153D. Allowable expenditure of factory on materials
153E. Calculation of the cost of materials received at a factory
153F. Allowable expenditure of factory on labour
153G. Allowable expenditure of factory on overheads
153H. Unmanufactured goods
153L. Manufactured goods originating in Papua New Guinea or a Forum Island Country
153LA. Modification of section 153L in special circumstances
153M. Manufactured goods originating in a particular Developing Country
153N. Manufactured goods originating in a Developing Country but not in any particular Developing Country
153NA. Manufactured goods originating in a Least Developed Country
153P. Manufactured goods originating in Canada
153Q. Manufactured goods originating in a country that is not a preference country
153R. Are goods commercially manufactured in Australia?
153S. Rule against double counting

Division 1BA--Singaporean originating goods

Subdivision A--Preliminary

153XC. Simplified outline of this Division
153XD. Interpretation

Subdivision B--Goods wholly obtained or produced entirely in Singapore or in Singapore and Australia

153XE. Goods wholly obtained or produced entirely in Singapore or in Singapore and Australia

Subdivision C--Goods produced in Singapore, or in Singapore and Australia, from originating materials

153XF. Goods produced in Singapore, or in Singapore and Australia, from originating materials

Subdivision D--Goods produced in Singapore, or in Singapore and Australia, from non-originating materials

153XG. Goods produced in Singapore, or in Singapore and Australia, from non - originating materials
153XH. Packaging materials and containers

Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials

153XI. Goods that are accessories, spare parts, tools or instructional or other information materials

Subdivision F--Consignment

153XJ. Consignment

Subdivision G--Regulations

153XK. Regulations

Division 1C--US originating goods

Subdivision A--Preliminary

153Y. Simplified outline
153YA. Interpretation

Subdivision B--Goods wholly obtained or produced entirely in the US

153YB. Goods wholly obtained or produced entirely in the US

Subdivision C--Goods produced entirely in the US or in the US and Australia exclusively from originating materials

153YC. Goods produced entirely in the US or in the US and Australia exclusively from originating materials

Subdivision D--Goods produced in the US, or in the US and Australia, from non-originating materials

153YD. Goods produced in the US, or in the US and Australia, from non - originating materials

Subdivision F--Goods that are standard accessories, spare parts or tools

153YJ. Goods that are standard accessories, spare parts or tools

Subdivision G--Packaging materials and containers

153YK. Packaging materials and containers

Subdivision H--Consignment

153YL. Consignment

Subdivision I--Regulations

153YM. Regulations

Division 1D--Thai originating goods

Subdivision A--Preliminary

153Z. Simplified outline
153ZA. Interpretation

Subdivision B--Wholly obtained goods of Thailand

153ZB. Wholly obtained goods of Thailand

Subdivision C--Goods produced entirely in Thailand or in Thailand and Australia

153ZC. Goods produced entirely in Thailand or in Thailand and Australia

Subdivision D--Goods that are standard accessories, spare parts or tools

153ZF. Goods that are standard accessories, spare parts or tools

Subdivision E--Packaging materials and containers

153ZG. Packaging materials and containers

Subdivision F--Consignment

153ZH. Consignment

Subdivision G--Regulations

153ZI. Regulations

Division 1E--New Zealand originating goods

Subdivision A--Preliminary

153ZIA. Simplified outline
153ZIB. Interpretation

Subdivision B--Goods wholly obtained or produced in New Zealand or New Zealand and Australia

153ZIC. Goods wholly obtained or produced in New Zealand or New Zealand and Australia

Subdivision C--Goods produced in New Zealand or New Zealand and Australia from originating materials

153ZID. Goods produced in New Zealand or New Zealand and Australia from originating materials

Subdivision D--Goods produced in New Zealand or New Zealand and Australia from non-originating materials

153ZIE. Goods produced in New Zealand or New Zealand and Australia from non - originating materials
153ZIF. Packaging materials and containers

Subdivision E--Goods that are standard accessories, spare parts or tools

153ZIG. Goods that are standard accessories, spare parts or tools

Subdivision F--Goods wholly manufactured in New Zealand

153ZIH. Goods wholly manufactured in New Zealand

Subdivision G--Non-qualifying operations

153ZIJ. Non - qualifying operations

Subdivision H--Consignment

153ZIK. Consignment

Subdivision I--Regulations

153ZIKA.Regulations

Division 1EA--Peruvian originating goods

Subdivision A--Preliminary

153ZIL. Simplified outline of this Division
153ZIM. Interpretation

Subdivision B--Goods wholly obtained or produced entirely in Peru or in Peru and Australia

153ZIN. Goods wholly obtained or produced entirely in Peru or in Peru and Australia

Subdivision C--Goods produced in Peru, or in Peru and Australia, from originating materials

153ZIO. Goods produced in Peru, or in Peru and Australia, from originating materials

Subdivision D--Goods produced in Peru, or in Peru and Australia, from non-originating materials

153ZIP. Goods produced in Peru, or in Peru and Australia, from non - originating materials
153ZIQ. Packaging materials and containers

Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials

153ZIR. Goods that are accessories, spare parts, tools or instructional or other information materials

Subdivision F--Consignment

153ZIS. Consignment

Subdivision G--Regulations

153ZIT. Regulations

Division 1F--Chilean originating goods

Subdivision A--Preliminary

153ZJA. Simplified outline
153ZJB. Interpretation

Subdivision B--Wholly obtained goods of Chile

153ZJC. Wholly obtained goods of Chile

Subdivision C--Goods produced in Chile from originating materials

153ZJD. Goods produced in Chile from originating materials

Subdivision D--Goods produced in Chile, or Chile and Australia, from non-originating materials

153ZJE. Goods produced in Chile, or Chile and Australia, from non - originating materials
153ZJF. Packaging materials and containers

Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information resources

153ZJG. Goods that are accessories, spare parts, tools or instructional or other information resources

Subdivision F--Non-qualifying operations

153ZJH. Non - qualifying operations

Subdivision G--Consignment

153ZJI. Consignment

Subdivision H--Regulations

153ZJJ. Regulations

Division 1G--ASEAN-Australia-New Zealand (AANZ) originating goods

Subdivision A--Preliminary

153ZKA. Simplified outline
153ZKB. Interpretation

Subdivision B--Wholly obtained goods of a Party

153ZKC. Wholly obtained goods of a Party

Subdivision C--Goods produced from originating materials

153ZKD. Goods produced from originating materials

Subdivision D--Goods produced from non-originating materials

153ZKE. Goods produced from non - originating materials
153ZKG. Non - qualifying operations or processes
153ZKH. Packaging materials and containers

Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials

153ZKI. Goods that are accessories, spare parts, tools or instructional or other information materials

Subdivision F--Consignment

153ZKJ. Consignment

Subdivision G--Regulations

153ZKJA.Regulations

Division 1GA--Pacific Islands originating goods

Subdivision A--Preliminary

153ZKK. Simplified outline of this Division
153ZKL. Interpretation

Subdivision B--Goods wholly obtained or produced in a Party

153ZKM. Goods wholly obtained or produced in a Party

Subdivision C--Goods produced from originating materials

153ZKN. Goods produced from originating materials

Subdivision D--Goods produced from non-originating materials

153ZKO. Goods produced from non - originating materials
153ZKP. Packaging materials and containers

Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials

153ZKQ. Goods that are accessories, spare parts, tools or instructional or other information materials

Subdivision F--Consignment

153ZKR. Consignment

Subdivision G--Regulations

153ZKS. Regulations

Division 1GB--Trans-Pacific Partnership originating goods

Subdivision A--Preliminary

153ZKT. Simplified outline of this Division
153ZKU. Interpretation

Subdivision B--Goods wholly obtained or produced entirely in the territory of one or more of the Parties

153ZKV. Goods wholly obtained or produced entirely in the territory of one or more of the Parties

Subdivision C--Goods produced from originating materials

153ZKW. Goods produced from originating materials

Subdivision D--Goods produced from non-originating materials

153ZKX. Goods produced from non - originating materials
153ZKY. Packaging materials and containers

Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials

153ZKZ. Goods that are accessories, spare parts, tools or instructional or other information materials

Subdivision F--Consignment

153ZKZA.Consignment

Subdivision G--Regulations

153ZKZB.Regulations

Division 1H--Malaysian originating goods

Subdivision A--Preliminary

153ZLA. Simplified outline
153ZLB. Interpretation

Subdivision B--Goods wholly obtained or produced in Malaysia or in Malaysia and Australia

153ZLC. Goods wholly obtained or produced in Malaysia or in Malaysia and Australia

Subdivision C--Goods produced in Malaysia, or in Malaysia and Australia, from originating materials

153ZLD. Goods produced in Malaysia, or in Malaysia and Australia, from originating materials

Subdivision D--Goods produced in Malaysia, or in Malaysia and Australia, from non-originating materials

153ZLE. Goods produced in Malaysia, or in Malaysia and Australia, from non - originating materials
153ZLF. Packaging materials and containers
153ZLG. Non - qualifying operations

Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials

153ZLH. Goods that are accessories, spare parts, tools or instructional or other information materials

Subdivision F--Consignment

153ZLI. Consignment

Subdivision G--Regulations

153ZLJ. Regulations

Division 1HA--Indonesian originating goods

Subdivision A--Preliminary

153ZLJA.Simplified outline of this Division
153ZLK. Interpretation

Subdivision B--Goods wholly obtained or produced in Indonesia

153ZLL. Goods wholly obtained or produced in Indonesia

Subdivision C--Goods produced in Indonesia from originating materials

153ZLM. Goods produced in Indonesia from originating materials

Subdivision D--Goods produced in Indonesia, or in Indonesia and Australia, from non-originating materials

153ZLN. Goods produced in Indonesia, or in Indonesia and Australia, from non - originating materials
153ZLO. Packaging materials and containers

Subdivision E--Consignment and exhibition

153ZLP. Consignment
153ZLQ. Exhibition

Subdivision F--Regulations

153ZLR. Regulations

Division 1J--Korean originating goods

Subdivision A--Preliminary

153ZMA. Simplified outline of this Division
153ZMB. Interpretation

Subdivision B--Goods wholly obtained in Korea or in Korea and Australia

153ZMC. Goods wholly obtained in Korea or in Korea and Australia

Subdivision C--Goods produced in Korea, or in Korea and Australia, from originating materials

153ZMD. Goods produced in Korea, or in Korea and Australia, from originating materials

Subdivision D--Goods produced in Korea, or in Korea and Australia, from non-originating materials

153ZME. Goods produced in Korea, or in Korea and Australia, from non - originating materials
153ZMF. Packaging materials and containers

Subdivision E--Non-qualifying operations

153ZMG. Non - qualifying operations

Subdivision F--Other matters

153ZMH. Consignment
153ZMI. Outward processing zones on the Korean Peninsula
153ZMJ. Regulations

Division 1JA--Indian originating goods

Subdivision A--Preliminary

153ZMK. Simplified outline of this Division
153ZML. Interpretation

Subdivision B--Goods wholly obtained or produced in India or in India and Australia

153ZMM. Goods wholly obtained or produced in India or in India and Australia

Subdivision C--Goods produced in India, or in India and Australia, from non-originating materials

153ZMN. Goods produced in India, or in India and Australia, from non - originating materials
153ZMO. Non - qualifying operations

Subdivision D--Packaging materials and containers

153ZMP. Packaging materials and containers

Subdivision E--Consignment

153ZMQ. Consignment

Subdivision F--Regulations

153ZMR. Regulations

Division 1K--Japanese originating goods

Subdivision A--Preliminary

153ZNA. Simplified outline of this Division
153ZNB. Interpretation

Subdivision B--Goods wholly obtained in Japan

153ZNC. Goods wholly obtained in Japan

Subdivision C--Goods produced in Japan from originating materials

153ZND. Goods produced in Japan from originating materials

Subdivision D--Goods produced in Japan, or in Japan and Australia, from non-originating materials

153ZNE. Goods produced in Japan, or in Japan and Australia, from non - originating materials
153ZNF. Packaging materials and containers
153ZNG. Non - qualifying operations

Subdivision E--Consignment

153ZNH. Consignment

Subdivision F--Regulations

153ZNI. Regulations

Division 1L--Chinese originating goods

Subdivision A--Preliminary

153ZOA. Simplified outline of this Division
153ZOB. Interpretation

Subdivision B--Goods wholly obtained or produced in the territory of China

153ZOC. Goods wholly obtained or produced in the territory of China

Subdivision C--Goods produced in China, or in China and Australia, from originating materials

153ZOD. Goods produced in China, or in China and Australia, from originating materials

Subdivision D--Goods produced in China, or in China and Australia, from non-originating materials

153ZOE. Goods produced in China, or in China and Australia, from non - originating materials
153ZOF. Packaging materials and containers

Subdivision E--Goods that are accessories, spare parts or tools

153ZOG. Goods that are accessories, spare parts or tools

Subdivision F--Non-qualifying operations

153ZOH. Non - qualifying operations

Subdivision G--Consignment

153ZOI. Consignment

Subdivision H--Regulations

153ZOJ. Regulations

Division 1M--Hong Kong originating goods

Subdivision A--Preliminary

153ZPA. Simplified outline of this Division
153ZPB. Interpretation

Subdivision B--Goods wholly obtained or produced entirely in Hong Kong, China or in Hong Kong, China and Australia

153ZPC. Goods wholly obtained or produced entirely in Hong Kong, China or in Hong Kong, China and Australia

Subdivision C--Goods produced in Hong Kong, China, or in Hong Kong, China and Australia, from originating materials

153ZPD. Goods produced in Hong Kong, China, or in Hong Kong, China and Australia, from originating materials

Subdivision D--Goods produced in Hong Kong, China, or in Hong Kong, China and Australia, from non-originating materials

153ZPE. Goods produced in Hong Kong, China, or in Hong Kong, China and Australia, from non - originating materials
153ZPF. Packaging materials and containers

Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials

153ZPG. Goods that are accessories, spare parts, tools or instructional or other information materials

Subdivision F--Consignment

153ZPH. Consignment

Subdivision G--Regulations

153ZPI. Regulations

Division 1N--Regional Comprehensive Economic Partnership (RCEP) originating goods

Subdivision A--Preliminary

153ZQA. Simplified outline of this Division
153ZQB. Interpretation

Subdivision B--Goods wholly obtained or produced in a Party

153ZQC. Goods wholly obtained or produced in a Party

Subdivision C--Goods produced from originating materials

153ZQD. Goods produced from originating materials

Subdivision D--Goods produced from non-originating materials

153ZQE. Goods produced from non - originating materials
153ZQF. Packaging materials and containers
153ZQG. Accessories, spare parts, tools or instructional or other information materials
153ZQH. Non - qualifying operations or processes

Subdivision E--Consignment

153ZQI. Consignment

Subdivision F--Regulations

153ZQJ. Regulations

Division 1P--UK originating goods

Subdivision A--Preliminary

153ZRA. Simplified outline of this Division
153ZRB. Interpretation

Subdivision B--Goods wholly obtained or produced in the United Kingdom or in the United Kingdom and Australia

153ZRC. Goods wholly obtained or produced in the United Kingdom or in the United Kingdom and Australia

Subdivision C--Goods produced in the United Kingdom, or in the United Kingdom and Australia, from originating materials

153ZRD. Goods produced in the United Kingdom, or in the United Kingdom and Australia, from originating materials

Subdivision D--Goods produced in the United Kingdom, or in the United Kingdom and Australia, from non-originating materials

153ZRE. Goods produced in the United Kingdom, or in the United Kingdom and Australia, from non - originating materials
153ZRF. Packaging materials and containers

Subdivision E--Goods that are accessories, spare parts, tools or instructional or other information materials

153ZRG. Goods that are accessories, spare parts, tools or instructional or other information materials

Subdivision F--Consignment

153ZRH. Consignment

Subdivision G--Regulations

153ZRI. Regulations

Division 2--Valuation of imported goods

154. Interpretation
155. Interpretation--Buying commission
156. Interpretation--Identical goods and similar goods
157. Interpretation--Royalties
158. Interpretation--Transportation costs
159. Value of imported goods
160. Inability to determine a value of imported goods by reason of insufficient or unreliable information
161. Transaction value
161A. Identical goods value
161B. Similar goods value
161C. Deductive (contemporary sales) value
161D. Deductive (later sales) value
161E. Deductive (derived goods sales) value
161F. Computed value
161G. Fall - back value
161H. When transaction value unable to be determined
161J. Value of goods to be in Australian currency
161K. Owner to be advised of value of goods
161L. Review of determinations and other decisions

Division 3--Payment and recovery of deposits, refunds, unpaid duty etc.

162. Delivery of goods upon giving of security or undertaking for payment of duty, GST and luxury car tax
162A. Delivery of goods on the giving of a general security or undertaking for payment of duty, GST and luxury car tax
162AA. Applications to deal with goods imported temporarily without duty
162B. Pallets used in international transport
163. Refunds etc. of duty
164B. Refunds of export duty
165. Recovery of unpaid duty etc.
165A. Refunds etc. may be applied against unpaid duty
166. No refund if duty altered

Division 4--Disputes as to duty

167. Payments under protest

PART IX--DRAWBACKS

168. Drawbacks of import duty

PART X--THE--COASTING TRADE

175. Goods not to be transferred between certain vessels

PART XA--AUSTRALIAN--TRUSTED TRADER PROGRAMME

Division 1--Preliminary

176. Establishment of the Australian Trusted Trader Programme

Division 2--Trusted trader agreement

Subdivision A--Entry into trusted trader agreement

176A. Trusted trader agreement may be entered into
176B. Nomination process

Subdivision C--General provisions relating to trusted trader agreements

178. Terms and conditions of trusted trader agreements
178A. Variation, suspension or termination of trusted trader agreements

Division 3--Register of Trusted Trader Agreements

178B. Register of Trusted Trader Agreements

Division 4--Rules

179. Rules

PART XB--CONTROLLED--TRIALS

Division 1--Preliminary

179A. Simplified outline of this Part
179B. Application of this Part

Division 2--Obligations and benefits under controlled trials

179C. Obligations under controlled trials
179D. Benefits under controlled trials

Division 3--Participation in controlled trials

179E. Approval of participation in controlled trials
179F. Application to participate in controlled trial
179G. Election to participate in controlled trial
179H. Conditions of approvals
179J. Variation, suspension or revocation of approvals

Division 4--Instruments

179K. General qualification criteria for any controlled trial
179L. Rules specific to a controlled trial

PART XI--AGENTS--AND CUSTOMS BROKERS

Division 1--Preliminary

180. Interpretation

Division 2--Rights and liabilities of agents

181. Authorised agents
182. Authority to be produced
183. Agents personally liable
183A. Principal liable for agents acting

Division 3--Licensing of customs brokers

183B. Interpretation
183C. Grant of licence
183CA. Application for licence
183CB. Reference of application to Committee
183CC. Requirements for grant of licence
183CD. Eligibility to be nominee
183CE. Original endorsement on licence
183CF. Variation of licences
183CG. Licence granted subject to conditions
183CGA. Comptroller - General of Customs may impose additional conditions to which a broker's licence is subject
183CGB. Comptroller - General of Customs may vary the conditions to which a broker's licence is subject
183CGC. Breach of conditions of a broker's licence
183CH. Duration of licence
183CJ. Renewal of licence
183CJA. Licence charges
183CK. Security
183CM. Nominees
183CN. Removal of nominee
183CP. Notice to nominate new nominee

Division 4--Suspension, revocation and non-renewal of licences

183CQ. Investigation of matters relating to a broker's licence
183CR. Interim suspension by Comptroller - General of Customs
183CS. Powers of Comptroller - General of Customs
183CT. Effect of suspension
183CU. Service of notices

Division 5--National Customs Brokers Licensing Advisory Committee

183D. National Customs Brokers Licensing Advisory Committee
183DA. Constitution of Committee
183DB. Remuneration and allowances
183DC. Acting Chair
183DD. Deputy member
183E. Procedure of Committees
183F. Evidence
183G. Proceedings in private
183H. Determination of questions before a Committee
183J. Customs broker affected by investigations to be given notice
183K. Summoning of witnesses
183L. Service of notices and summonses
183N. Committee may examine upon oath or affirmation
183P. Offences by witness
183Q. Statements by witness
183R. Witness fees
183S. Representation by counsel etc.
183T. Protection of members
183U. Protection of barristers, witnesses etc.

PART XII--OFFICERS

Division 1--Powers of officers

Subdivision A--Preliminary

183UA. Definitions
183UB. Law relating to legal professional privilege not affected
183UC. Comptroller - General of Customs may give directions concerning the exercise of powers under this Division
183UD. Judges who may issue seizure warrants for goods in transit

Subdivision B--General regulatory powers

186. General powers of examination of goods subject to customs control
186AA. General powers of examination of goods loaded onto or unloaded from ships or aircraft
186A. Power to make copies of, and take extracts from, documents in certain circumstances
186B. Compensation for damage caused by copying
187. Power to board and search
188. Boarding
189. Searching
189A. Officers may carry arms in certain circumstances
190. Securing goods
191. Seals etc. not to be broken
192. Seals etc. on ship or aircraft in port bound to another port within Commonwealth
193. Officers may enter and remain upon coasts etc.
194. Ships on service may be moored in any place
195. Power to question passengers etc.
195A. Power to question persons found in restricted areas
196C. Power to question persons claiming packages
197. Power to stop conveyances about to leave a Customs place

Subdivision C--Search warrants in respect of things believed to be evidential material

198. When search warrants relating to premises can be issued
199. The things that are authorised by a search warrant relating to premises
199A. When search warrants relating to persons can be issued
199B. The things that are authorised by a search warrant relating to a person
200. Use of equipment to examine or process things
201. Use of electronic equipment on or in premises
201AA. Use of electronic equipment at other place
201A. Person with knowledge of a computer or a computer system to assist access etc.
201B. Accessing data held on other premises--notification to occupier of that premises
202. Compensation for damage to equipment or data
202A. Copies of seized things to be provided
202B. Relationship of this Subdivision to parliamentary privileges and immunities

Subdivision D--Seizure of goods believed to be forfeited goods

203. When seizure warrants for forfeited goods can be issued
203A. The things that are authorised by seizure warrants for forfeited goods
203B. Seizure without warrant of special forfeited goods, or of evidential material relating to special forfeited goods, at a Customs place
203C. Seizure without warrant of narcotic goods or of evidential material relating to narcotic goods at other places
203CA. Seizure without warrant of certain goods on ship or aircraft in the Protected Zone
203CB. Seizure without warrant of certain other goods in the Protected Zone
203D. How an authorised person is to exercise certain powers

Subdivision DA--Seizure of certain goods in transit

203DA. When seizure warrants for goods in transit can be issued
203DB. The things that are authorised by seizure warrants for goods in transit

Subdivision E--Provisions applicable both to search and seizure warrants

203E. Conduct of ordinary searches and frisk searches
203F. Announcement before entry
203G. Details of warrant to be given to occupier
203H. Occupier entitled to be present during search or seizure
203HA. Requirement to provide name or address etc.
203J. Availability of assistance and use of force in executing a warrant
203K. Specific powers available to executing officers
203L. Use of animals in executing a warrant
203M. Warrants by telephone or other electronic means
203N. Receipts for things seized under warrant
203P. Offence for making false statements in warrants
203Q. Offences relating to telephone warrants

Subdivision F--Dealing with things seized as evidential material

203R. Retention of things seized as evidential material
203S. Magistrate may permit a thing seized as evidential material to be retained

Subdivision G--Dealing with goods seized as forfeited goods

203SA. Subdivision does not apply to seized transit goods
203T. Seizure of protected objects
204. Seized goods to be secured
205. Requirement to serve seizure notices
205A. Matters to be dealt with in seizure notices
205B. Claim for return of goods seized
205C. Treatment of goods seized if no claim for return is made
205D. Treatment of goods seized if a claim for return is made--general
205E. Magistrate may permit goods seized to be retained
205EA. Treatment of goods seized if a claim for return is made--suspected prohibited psychoactive substances
205EB. Extending the period for instituting proceedings for recovery of suspected prohibited psychoactive substances
205EC. Proceedings for recovery of suspected prohibited psychoactive substances
205F. Right of compensation in certain circumstances for goods disposed of or destroyed
205G. Effect of forfeiture
206. Immediate disposal of certain goods
207. Immediate disposal of narcotic goods
208. Release of goods on security
208C. Service by post
208D. Disposal of forfeited goods
208DA. Disposal of narcotic - related goods other than narcotic goods
208E. Sales subject to conditions
209. Power to impound certain forfeited goods and release them on payment of duty and penalty
209A. Destruction or concealment of evidential material or forfeited goods

Subdivision GA--Dealing with goods in transit seized under a section 203DA warrant

209B. Subdivision applies to seized transit goods
209C. Seized goods to be secured
209D. Requirement to serve seizure notices
209E. Matters to be dealt with in seizure notices
209F. Application for return of seized goods
209G. Status of goods seized if no application for return is made
209H. Right of compensation for certain goods disposed of or destroyed
209I. Effect of forfeiture
209J. Immediate disposal of unsafe goods
209K. Disposal of forfeited goods
209L. Service by post

Subdivision GB--Surrender of prescribed prohibited imports

209M. Application of Subdivision
209N. Surrender of goods
209P. Effect of surrender
209Q. Right of compensation in certain circumstances for goods disposed of or destroyed
209R. Disposal of surrendered goods

Subdivision GC--Post-importation permission

209S. Definitions
209T. Application of Subdivision
209U. Power to detain goods
209V. Detained goods to be secured
209W. Requirement to serve detention notice
209X. Matters to be dealt with in detention notices
209Y. Effect of detaining goods
209Z. Evidence not provided or permission not granted or given
209ZA. Evidence provided and permission granted or given
209ZB. Service by post
209ZC. Liability for detention of goods

Subdivision H--Arrest and related matters

210. Power of arrest without warrant
210A. Use of force in making arrest
210B. Person to be informed of grounds of arrest
211. Power to conduct a frisk search of an arrested person
211A. Power to conduct an ordinary search of an arrested person
212. How arrested person to be dealt with
213. Requirement to provide name etc.

Subdivision HA--Information about people working in restricted areas or issued with security identification cards

213A. Providing an authorised officer with information about people working in restricted areas
213B. Provision of information about people issued with security identification cards

Subdivision J--General powers to monitor and audit

214AA. Occupier of premises
214AB. What are monitoring powers ?
214AC. Monitoring officers
214ACA. Monitoring officer to notify occupier of premises of the occupier's rights and obligations
214AD. Notice of proposal to exercise monitoring powers
214AE. Exercise of monitoring powers with consent
214AF. Exercise of monitoring powers under a warrant
214AG. Warrants may be granted by telephone or other electronic means
214AH. Monitoring officer may ask questions
214AI. Monitoring officer may ask for assistance
214AJ. Compensation for damage to electronic equipment
214B. Powers of officers for purposes of Customs Tariff (Anti - Dumping) Act 1975

Subdivision JA--Powers to monitor and audit--Australia-United States Free Trade Agreement

214BAA. Simplified outline
214BAB. Definitions
214BAC. AUSFTA verification powers
214BAD. Appointment of verification officers
214BAE. Verification officers may enter premises and exercise AUSFTA verification powers with consent
214BAF. US customs officials may accompany verification officers
214BAG. Availability of assistance in exercising AUSFTA verification powers
214BAH. Verification officer may ask questions
214BAI. Verification officer may ask for assistance
214BAJ. Verification officer may disclose information to US
214BAK. Operation of electronic equipment at premises
214BAL. Compensation for damage to electronic equipment

Subdivision K--Miscellaneous

214BA. Nature of functions of magistrate under sections 203S and 205E
215. Collector may impound documents
217. Translations of foreign invoices
218. Samples
218A. Disposal of certain abandoned goods

Division 1B--Detention and search of suspects

Subdivision A--Detention and frisk search of suspects

219L. Detention for frisk search
219M. Frisk search
219N. Power to require the production of things
219P. Persons to whom section 219R applies

Subdivision B--Detention and external search of suspects

219Q. Detention for external search
219R. External search
219RAA. Videotape record may be made of external search

Subdivision C--Detention and internal search of persons suspected of internally concealing substances etc.

219RA. Certain Judges and Magistrates eligible to give orders under this Subdivision
219S. Initial detention
219SA. Internal non - medical scan using prescribed equipment
219SB. Seeking detention order following invitation to consent to internal non - medical scan
219T. Initial order for detention
219U. Renewal of order for detention
219V. Arrangement for internal medical search
219W. Detention under this Subdivision
219X. Detainee becoming in need of protection
219Y. Applications for orders under this Subdivision
219Z. Internal medical search by medical practitioner

Subdivision CA--Prescribed equipment for external searches and internal non-medical scans

219ZAA. Use of prescribed equipment for external search or internal non - medical scan
219ZAB. Prescribing equipment for use in external searches and internal non - medical scans
219ZAC. Authorising officers to use prescribed equipment for external search or internal non - medical scan
219ZAD. Giving a record of invitation and consent, or a copy of order
219ZAE. Records of results of external search or internal non - medical scan

Subdivision D--Detention generally

219ZA. Detention officers
219ZB. Detention places
219ZC. Detention under this Division
219ZD. Detainees not fluent in English
219ZE. Release from, or cessation of, detention

Subdivision E--Medical practitioners

219ZF. Conduct of internal medical search
219ZG. Medical practitioner may take action to preserve detainee's life
219ZH. Medical practitioner to answer questions and prepare report
219ZJ. Proceedings against medical practitioners

Division 1BA--Detention and search of persons for purposes of law enforcement co-operation

Subdivision A--Preliminary

219ZJA. Definitions
219ZJAA.Prescribed State or Territory offences

Subdivision B--Powers to detain

219ZJB. Detention of person suspected of committing serious Commonwealth offence or prescribed State or Territory offence
219ZJC. Detention of person subject to warrant or bail condition
219ZJCA.Detention of person for national security or security of a foreign country

Subdivision C--Matters affecting detention generally

219ZJD. Search of person detained under this Division
219ZJE. Comptroller - General of Customs must give directions about detaining persons under this Division
219ZJF. Detainees to be given reasons for detention and shown identification on request
219ZJG. Use of force in relation to detention
219ZJH. Moving detained persons
219ZJI. Detainees not fluent in English
219ZJJ. Detention of minors

Division 1C--Judges and Magistrates

219ZK. Nature of functions of Judge or Magistrate
219ZL. Protection of Judge or Magistrate

Division 2--Protection to officers

220. Reasonable cause for seizure a bar to action
221. Notice of action to be given
222. Defect in notice not to invalidate
223. No evidence to be produced but that contained in notice
224. Officer may tender amends
225. Commencement of proceedings against officers
226. Time for commencing action
227. Security may be required

Division 3--Evidence

227AA. Evidence may be used in prosecutions etc.

PART XIIA--SPECIAL--PROVISIONS RELATING TO PROHIBITED ITEMS

227A. Overview of Part
227B. Definitions
227C. Ships and aircraft to which this Part applies
227D. Items to which this Part applies
227E. Approved storage for prohibited items
227F. Officer may take custody of items
227G. Compensation for damage etc. to items

PART XIII--PENAL--PROVISIONS

Division 1--Forfeitures

228. Forfeited ships and aircraft
228A. Forfeited resources installations
228B. Forfeited sea installations
228C. Forfeited offshore electricity installations
229. Forfeited goods
229A. Proceeds of drug trafficking liable to forfeiture
230. Forfeited packages and goods

Division 2--Penalties

231. Assembly for unlawful purposes
232A. Rescuing goods and assaulting officers
233. Smuggling and unlawful importation and exportation
233A. Master not to use or allow use of ship for smuggling etc.
233AB. Penalties for offences against sections 233 and 233A
233BAA. Special offence relating to tier 1 goods
233BAB. Special offence relating to tier 2 goods
233BABAA.UN - sanctioned goods
233BABAB.Special offences for importation of UN - sanctioned goods
233BABAC.Special offences for exportation of UN - sanctioned goods
233BABAD.Offences involving tobacco products
233BABAE.Offence for bringing restricted goods into Australia
233BABAF.Using information held by the Commonwealth
233BABA.Protection from criminal responsibility
233BAC. Evidence relating to approval for import or export
233BA. Evidence of Analyst
233C. Offence for giving false or misleading information in relation to UN - sanctioned goods
234. Customs offences
234AA. Places set aside for purposes of Act
234A. Unauthorised entry to places and on ships, aircraft or wharves
234AB. Unauthorised use of cameras and sound recorders
234ABA. Officers may direct unauthorised persons to leave restricted areas
236. Aiders and abettors
237. Attempts
239. Penalties in addition to forfeitures
240. Commercial documents to be kept
240AA. Authorised officer may require person to produce commercial documents
240AB. Verifying communications to Department
240AC. Authorised officer may require person to produce record

Division 3--Recovery of pecuniary penalties for dealings in narcotic goods

243A. Interpretation
243AB. Effective control of property
243B. Pecuniary penalties
243C. Assessment of pecuniary penalty
243CA. Court may lift corporate veil etc.
243D. Presumption of illegality of importation
243E. Court may make restraining order against property
243F. Court may make further orders
243G. Official Trustee to discharge pecuniary penalty
243H. Revocation of order under section 243E
243J. Pecuniary penalty a charge on property
243K. Contravention of restraining orders
243L. Sale of property before bankruptcy
243M. Duties of the Official Trustee after receiving notice of presentation of creditor's petition etc.
243N. Protection of Official Trustee from personal liability in certain cases
243NA. Indemnification of Official Trustee
243NB. Indemnification of Official Receivers etc.
243P. Costs etc. payable to Official Trustee
243Q. Notices
243R. Reduction of pecuniary penalty
243S. Jurisdiction of the Court

Division 4--Provisions relating to certain strict liability offences

243SA. Failure to answer questions
243SB. Failure to produce documents or records
243SC. Preservation of the privilege against self - incrimination
243T. False or misleading statements resulting in loss of duty
243U. False or misleading statements not resulting in loss of duty
243V. False or misleading statements in cargo reports or outturn reports
243W. Electronic communications to Department to be treated as statements to Comptroller - General of Customs

Division 5--Infringement notices

243X. Infringement notices--general
243Y. Infringement notices--forfeiture of goods that are prohibited imports if infringement notice paid
243Z. Infringement notices--right of compensation in certain circumstances for goods disposed of or destroyed

PART XIV--CUSTOMS--PROSECUTIONS

244. Meaning of Customs prosecution
245. Institution of prosecutions
247. Prosecutions in accordance with practice rules
248. State Court practice
249. Commencement of prosecutions
250. Information to be valid if in words of Act
250A. Property in goods subject to customs control
251. No objection for informality
252. Conviction not to be quashed
253. Protection to witnesses
254. Defendant competent witness
255. Averment of prosecutor sufficient
256. Proof of proclamation etc.
257. Conduct by directors, employees or agents
259. Collector may levy on goods in his or her possession
261. Imprisonment not to release penalty
263. Parties may recover costs
264. Application of penalties

PART XV--TENDERS--FOR RIGHTS TO ENTER GOODS FOR HOME CONSUMPTION AT CONCESSIONAL RATES

265. Interpretation
266. Tender schemes
267. Undertakings relating to tenders
268. Transfers of rights to enter goods for home consumption at concessional rates of duty
269. Revocation or variation of undertaking
269A. Recovery of penalties

PART XVA--TARIFF--CONCESSION ORDERS

Division 1--Preliminary

269B. Interpretation
269C. Interpretation--core criteria
269D. Interpretation--goods produced in Australia
269E. Interpretation--the ordinary course of business

Division 2--Making and processing TCO applications

269F. Making a TCO application
269FA. The applicant's obligation
269G. Withdrawing a TCO application
269H. Screening the application
269HA. Comptroller - General of Customs may reject a TCO application in relation to goods referred to in section 269SJ
269J. Applications taken to be lodged in certain circumstances
269K. Processing a valid application
269L. Amendment of TCO applications
269M. Comptroller - General of Customs may invite submissions or seek other information, documents or material
269N. Reprocessing of TCO applications

Division 3--Making and operation of TCOs

269P. The making of a standard TCO
269Q. The making of a TCO for goods requiring repair
269R. Notification of TCO decisions
269S. Operation of TCOs
269SA. Consequence of commencement or cessation of production before TCO decision

Division 4--Revocation of TCOs

269SB. Request for revocation of TCOs
269SC. Processing requests for revocation of TCOs
269SD. Revocation at the initiative of Comptroller - General of Customs
269SE. Notification of revocation decisions
269SF. Comptroller - General of Customs may seek information, documents or material relating to revocation
269SG. Effect of revocation on goods in transit and capital equipment on order

Division 5--Miscellaneous

269SH. Internal review
269SHA. Administrative Review Tribunal Review of reconsideration decisions
269SJ. TCOs not to apply to goods described by reference to their end use or certain goods
269SK. TCOs not to contravene international agreements

PART XVB--SPECIAL--PROVISIONS RELATING TO ANTI-DUMPING DUTIES

269SM. Overview of Part

Division 1A--Anti-Dumping Commission and Commissioner

Subdivision A--Preliminary

269SMA. What this Division is about

Subdivision B--Anti-Dumping Commission

269SMB. Establishment
269SMC. Constitution of the Anti - Dumping Commission
269SMD. Function of the Anti - Dumping Commission
269SME. Anti - Dumping Commission has privileges and immunities of the Crown

Subdivision C--Commissioner

269SMF. Establishment
269SMG. Powers of Commissioner
269SMH. Appointment
269SMI. Term of appointment
269SMJ. Acting Commissioner
269SMK. Terms and conditions of appointment
269SML. Disclosure of interests
269SMM. Outside employment
269SMN. Resignation
269SMO. Termination of appointment

Subdivision D--Staff assisting the Commissioner

269SMQ. Staff

Subdivision E--Delegation

269SMR. Delegation

Subdivision F--Form and manner of applications

269SMS. Form and manner of applications

Subdivision G--Disclosure of information

269SMT. Disclosure of information

Division 1--Definitions and role of Minister

269SN. What this Division is about
269T. Definitions
269TAAA.Anti - dumping measures not to apply to New Zealand originating goods
269TAAB.Member countries, developing countries and special developing countries
269TAAC.Definition--countervailable subsidy
269TAACA.Determination of countervailable subsidy if non - cooperation by relevant entities
269TAAD.Ordinary course of trade
269TAA. Arms length transactions
269TAB. Export price
269TAC. Normal value of goods
269TACAA.Sampling
269TACAB.Dumping duty notice--export prices and normal values for different categories of exporters
269TACA.Non - injurious price
269TACB.Working out whether dumping has occurred and levels of dumping
269TACC.Working out whether a financial contribution or income or price support confers a benefit
269TACD.Amount of countervailable subsidy
269TAE. Material injury to industry
269TAF. Currency conversion
269TAG. Minister may take anti - dumping measures on own initiative
269TAH. Minister may delegate functions and powers to Commissioner or Commission staff members
269TA. Minister may give directions to Commissioner in relation to powers and duties under this Part

Division 2--Consideration of anti-dumping matters by the Commissioner

269TBA. What this Division is about
269TB. Application for action under Dumping Duty Act
269TC. Consideration of application
269TD. Preliminary affirmative determinations
269TDAA.Statement of essential facts in relation to investigation of application under section 269TB
269TDA. Termination of investigations
269TE. Commissioner to have regard to same considerations as Minister
269TEA. Report to Minister concerning publication of notices under this Part
269TEB. Commissioner recommendations concerning undertakings offered after preliminary affirmative determination

Division 3--Consideration of anti-dumping matters by the Minister

269TF. What this Division is about
269TG. Dumping duties
269TH. Third country dumping duties
269TJ. Countervailing duties
269TJA. Concurrent dumping and subsidy
269TK. Third country countervailing duties
269TL. Minister to give public notice not to impose duty
269TLA. Time limit for Minister to make certain decisions
269TM. Periods during which certain notices and undertakings to remain in force
269TN. Retrospective notices
269TP. Power to specify goods
269U. Inquiries in relation to undertakings

Division 4--Dumping duty or countervailing duty assessment

269UA. What this Division is about
269V. Importers may apply for duty assessment in certain circumstances
269W. Manner of making applications for duty assessment
269X. Consideration of duty assessment applications
269Y. Duty assessments
269YA. Rejection etc. of application for duty assessment

Division 5--Review of anti-dumping measures

269Z. What this Division is about
269ZA. Applications and requests for review of anti - dumping measures
269ZB. Content and lodgment of applications for review of anti - dumping measures
269ZC. Consideration of applications and requests for review
269ZCA. Application to extend a review of anti - dumping measures to include revocation
269ZCB. Content and lodgment of application to extend a review of anti - dumping measures to include revocation
269ZCC. Consideration of applications and requests for extensions of reviews
269ZD. Statement of essential facts in relation to review of anti - dumping measures
269ZDA. Report on review of measures
269ZDB. Powers of the Minister in relation to review of anti - dumping measures

Division 5A--Anti-circumvention inquiries

269ZDBA.What this Division is about
269ZDBB.Circumvention activities
269ZDBC.Applications and requests for conduct of an anti - circumvention inquiry
269ZDBD.Content and lodgement of applications for conduct of an anti - circumvention inquiry
269ZDBE.Consideration of applications and requests for conduct of an anti - circumvention inquiry
269ZDBEA.Termination of anti - circumvention inquiry
269ZDBF.Statement of essential facts in relation to conduct of an anti - circumvention inquiry
269ZDBG.Report on anti - circumvention inquiry
269ZDBH.Minister's powers in relation to anti - circumvention inquiry

Division 6--Certain exporters may seek accelerated review of dumping duty notices or countervailing duty notices

269ZDC. What this Division is about
269ZE. Circumstances in which accelerated review may be sought
269ZF. Application for accelerated review
269ZG. Consideration of application
269ZH. Effect of accelerated review

Division 6A--Continuation of anti-dumping measures

269ZHA. What this Division is about
269ZHB. Applications for continuation of anti - dumping measures
269ZHC. Content and lodgment of application for continuation of anti - dumping measures
269ZHD. Consideration of applications for continuation of anti - dumping measures
269ZHE. Statement of essential facts in relation to continuation of anti - dumping measures
269ZHF. Report on application for continuation of anti - dumping measures
269ZHG. Powers of the Minister in relation to continuation of anti - dumping measures

Division 7--Procedural and evidentiary matters

269ZHH. What this Division is about
269ZHI. Minister may extend certain periods of time
269ZI. Public notice
269ZJ. Commissioner to maintain public record for certain purposes

Division 8--Review Panel

269ZK. What this Division is about
269ZL. Establishment of Review Panel
269ZM. Membership of the Review Panel
269ZN. Review Panel's powers
269ZO. Protection of members
269ZP. Appointment of members
269ZQ. Period of appointment for members
269ZR. Terms and conditions of appointment
269ZS. Disclosure of interests to the Minister
269ZT. Outside employment
269ZTA. Resignation
269ZTB. Termination of appointment
269ZTC. Acting appointments
269ZTD. Provision of resources to Review Panel
269ZU. Review Panel may supply information
269ZV. False or misleading information

Division 9--Review by Review Panel

Subdivision A--Preliminary

269ZW. What this Division is about
269ZX. Definitions
269ZY. Form and manner of applications
269ZYA. Constitution of Review Panel for purposes of review
269ZYB. Member unavailable to complete review
269ZZ. Review Panel to have regard to same considerations as Minister

Subdivision B--Review of Ministerial decisions

269ZZA. Reviewable decisions
269ZZB. Overview of a review of Minister's decision
269ZZC. Who may seek a review?
269ZZD. When must an application be made?
269ZZE. How must an application be made?
269ZZF. Withdrawal of application
269ZZG. Rejection of application--failure to establish decision not the correct or preferable decision etc.
269ZZH. Rejection of application--failure to provide summary of confidential information
269ZZHA.Review Panel may hold conferences
269ZZI. Public notification of review
269ZZJ. Submissions in relation to reviewable decision
269ZZK. The review
269ZZL. Review Panel may require reinvestigation by Commissioner before making recommendation to Minister
269ZZM. Minister's decision

Subdivision C--Review of Commissioner's decisions

269ZZN. Reviewable decisions
269ZZO. Who may seek a review
269ZZP. When must an application be made?
269ZZQ. How must an application be made?
269ZZQAA.Withdrawal of application
269ZZQA.Rejection of application--failure to establish decision not the correct or preferable decision etc.
269ZZR. Rejection of application for review of termination decision
269ZZRA.Review Panel may hold conferences
269ZZRB.Review Panel may seek further information from the Commissioner
269ZZRC.Notification of review
269ZZS. The review of a negative prima facie decision
269ZZT. The review of a termination decision
269ZZU. The review of a negative preliminary decision
269ZZUA.The review of a rejection decision
269ZZV. Effect of Review Panel's decision

Subdivision D--Public record in relation to reviews

269ZZW. Application
269ZZX. Public record maintained by Review Panel
269ZZY. Confidential and sensitive commercial information

PART XVC--INTERNATIONAL--TRADE REMEDIES FORUM

269ZZYA.Simplified outline
269ZZYB.Establishment of International Trade Remedies Forum
269ZZYC.Functions of the Forum
269ZZYD.Membership of the Forum
269ZZYE.Appointment of Forum members
269ZZYF.Resignation
269ZZYG.Forum meetings
269ZZYH.Disclosure of information

PART XVI--REGULATIONS--AND BY-LAWS

270. Regulations
271. Comptroller - General of Customs may make by - laws
272. By - laws specifying goods
273. Determinations
273A. By - laws and determinations for purposes of repealed items
273B. Publication of by - laws and notification of determinations
273C. Retrospective by - laws and determinations not to increase duty
273D. By - laws and determinations for purposes of proposals
273EA. Notification of proposals when House of Representatives is not sitting
273F. Interpretation

PART XVII--MISCELLANEOUS

273G. Briefing of Leader of Opposition on certain matters
273GAA. Notices
273GAB. Authorisation to disclose information to an officer
273GA. Review of decisions
273H. Review of decisions under Customs Tariff Act
273K. Statement to accompany notification of decisions
273L. Entry and transmission of information by computer
274. Commissioned ships and aircraft to be reported
275. Commissioned ships and aircraft may be searched
275A. Direction not to move a ship or aircraft from a boarding station
276. Collector's sales
277. Proceeds of sales
277A. Jurisdiction of courts
278. Recoverable payments
279. Reports about recoverable payments
SCHEDULE I The Commonwealth of Australia

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