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CUSTOMS ACT 1901 - SECT 77Y

Collector may give directions in relation to goods subject to customs control

  (1)   A Collector may, for the protection of the revenue or for the purpose of ensuring compliance with the Customs Acts, any other law of the Commonwealth prescribed by the regulations or a law of a State or Territory prescribed by the regulations, give written directions under this section to:

  (a)   the holder of a depot licence; or

  (b)   a person participating in the management or control of the depot;

in relation to goods in the depot that are subject to customs control (the controlled goods ).

  (2)   A direction under subsection   (1) must be a direction:

  (a)   to move, or not to move, controlled goods within a depot; or

  (b)   about the storage of controlled goods in the depot; or

  (c)   to move controlled goods to another depot or a warehouse; or

  (d)   about the unpacking from receptacles of controlled goods; or

  (e)   about the packing into receptacles of controlled goods.

  (3)   A Collector may, for the purpose of:

  (a)   preventing interference with controlled goods in a depot; or

  (b)   preventing interference with the exercise of the powers or the performance of the functions of a Collector in respect of a depot or of controlled goods in a depot;

give directions, in relation to the controlled goods, to any person in the depot.

  (3A)   A person who has been given a direction under subsection   (1) or (3) must not intentionally refuse or fail to comply with the direction.

Penalty:   120 penalty units.

  (4)   A person who has been given a direction under subsection   (1) or (3) must not refuse or fail to comply with the direction.

Penalty:   60 penalty units.

  (5)   An offence against subsection   (4) is an offence of strict liability.

  (6)   This section does not limit the directions that a Collector may give under section   112C.



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