Commonwealth Consolidated Acts

CUSTOMS LEGISLATION AMENDMENT ACT (NO. 1) 2003 - SCHEDULE 3

Part   1 -- Amendments commencing on Royal Assent

Customs Act 1901

1   Subsection 4(1)

Insert:

"monitoring powers" has the meaning given by section   214AB.

Part   2 -- Amendments commencing on Royal Assent or not at all

Customs Act 1901

4   Paragraph 71H(2)(a)

Omit ", or action taken under section   243T,".

Note:   If this Act does not receive the Royal Assent before the commencement of item   39 of Schedule   3 to the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 , this item does not commence at all. See subsection 2(4) of this Act.

5   Saving

The amendment of paragraph 71H(2)(a) of the Customs Act 1901 by this Part does not prevent action from being taken under section   243T of that Act (as that section continues to apply, despite its repeal by item   5 of Schedule   2 to the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 , because of item   5A of that Schedule) in relation to an import entry that:

  (a)   was made before that repeal; and

  (b)   was withdrawn (whether before or after that repeal).

Note:   If this Act does not receive the Royal Assent before the commencement of item   39 of Schedule   3 to the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 , this item does not commence at all. See subsection 2(4) of this Act.

6   After subsection 71H(2)

Insert:

  (2A)   Despite the withdrawal of an import entry, action may be taken under Division   5 of Part   XIII in respect of the entry as if it had not been withdrawn.

Note:   If this Act does not receive the Royal Assent before the commencement of item   39 of Schedule   3 to the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 , this item does not commence at all. See subsection 2(4) of this Act.

7   Application

Subsection 71H(2A) of the Customs Act 1901 applies to an entry made after the commencement of this item.

Note:   If this Act does not receive the Royal Assent before the commencement of item   39 of Schedule   3 to the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 , this item does not commence at all. See subsection 2(4) of this Act.

8   After subsection 119B(2)

Insert:

  (2A)   Despite the withdrawal of an entry, submanifest or manifest, action may be taken under Division   5 of Part   XIII in respect of the entry, submanifest or manifest as if it had not been withdrawn.

Note:   If this Act does not receive the Royal Assent before the commencement of item   62 of Schedule   3 to the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 , this item does not commence at all. See subsection 2(5) of this Act.

9   Application

The amendment of section   119B of the Customs Act 1901 made by this Part applies to an entry, submanifest or manifest communicated to Customs after the commencement of the amendment.

Note:   If this Act does not receive the Royal Assent before the commencement of item   62 of Schedule   3 to the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 , this item does not commence at all. See subsection 2(5) of this Act.

Part   3 -- Amendment commencing on 1   July 2003

Customs Act 1901

10   Paragraph 203(3)(e)

Repeal the paragraph.

Part   4 -- Amendment commencing after Trade Modernisation Act amendment

Customs Act 1901

11   After subsection 119B(2)

Insert:

  (2A)   Despite the withdrawal of an entry, submanifest or manifest, action may be taken under Division   5 of Part   XIII in respect of the entry, submanifest or manifest as if it had not been withdrawn.

12   Application

The amendment of section   119B of the Customs Act 1901 made by this Part applies to an entry, submanifest or manifest communicated to Customs after the commencement of the amendment.