Document ID: chunk:federal_register_of_legislation:C2004A01221:clause:1_8
Version: federal_register_of_legislation:C2004A01221
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 20787–22567

8  Saving

(1) This item is about making an application to the Administrative Appeals Tribunal for review of a decision of the CEO under old section 243U of the Customs Act 1901:
 (a) not to remit a penalty payable under old section 243T of that Act in respect of duty payable on goods; or
 (b) to remit part only of such a penalty.

Note: This item applies if the decision was made on or after 1 July 2002.

Decisions made before Royal Assent to Customs Legislation Amendment Act (No. 2) 2003

(2) The application may be made at any time before the end of 28 days after the day on which the Customs Legislation Amendment Act (No. 2) 2003 receives the Royal Assent, if:
 (a) the person who applied for remission of the penalty was informed of the decision before that day; or
 (b) the CEO is taken under old subsection 243U(3) of the Customs Act 1901 to have made the decision before that day.
This subitem has effect despite paragraph 29(1)(d) and subsections 29(2), (3), (4), (5) and (6) of the Administrative Appeals Tribunal Act 1975.

Later decisions

(3) If subitem (2) does not apply, the application may be made in accordance with section 29 of the Administrative Appeals Tribunal Act 1975.

This item has effect despite item 7

(4) This item has effect despite the repeal of paragraph 273GA(1)(ka) of the Customs Act 1901 by item 7 of this Schedule.

Definitions

(5) In this item, a reference to an old provision of the Customs Act 1901 is a reference to that provision as it continues to apply because of item 5A of this Schedule.

(6) In this item:
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

Part 7—Transitional arrangements for exports

Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001