Document ID: chunk:federal_register_of_legislation:C2025C00155:section:161h:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 161H (pt 1/3)
Character Range: 1080343–1083016

161H  When transaction value unable to be determined
 (1) Without limiting section 160, a Collector cannot determine the transaction value of imported goods for the purposes of this Division, including, but without limiting the generality of the foregoing, section 161A or 161B, if the Collector:
 (a) after reasonable inquiry, is not aware of any import sales transaction in relation to the goods;
 (b) has, in accordance with subsection (3), (5) or (7), decided that the transaction value of the goods cannot be determined; or
 (c) is satisfied that the disposition or use of the goods by the purchaser is subject to restrictions, not being restrictions of the following kinds:
 (i) restrictions imposed or required by, or by any public officer or authority acting in accordance with, any law in force in Australia;
 (ii) restrictions that limit the geographical area in which the goods may be sold;
 (iii) restrictions that do not substantially affect the commercial value of the goods.
 (2) Where, in relation to goods required to be valued, a Collector:
 (a) is satisfied that the purchaser and the vendor of imported goods were, at the time of the goods' import sales transaction, related persons; and
 (b) considers that that relationship may have influenced the price of the goods;
the Collector shall, by notice in writing served, personally or by post, on the purchaser of the goods:
 (c) advise the purchaser of:
 (i) the view that the Collector has formed of the possible effect on the price of the goods of the relationship between the purchaser and the vendor;
 (ii) the reasons for forming that view; and
 (iii) the fact that, because of that view, the Collector may be required to decide under subsection (3) that the transaction value of the goods cannot be determined; and
 (d) invite the purchaser to put before the Collector, within a period specified in the notice (not being a period of less than 28 days), such further information as the purchaser considers might serve to satisfy the Collector as to any of the matters set out in subsection (3).
 (3) On the expiration of the period specified in a notice under subsection (2), the Collector shall, unless the purchaser of the imported goods has satisfied the Collector that:
 (a) a relationship between the purchaser and the vendor of the goods did not influence the price of the goods; or
 (b) the amount of the transaction value that would be determined in respect of the goods if the purchaser and the vendor had not been related at the time of the import sales transaction for the goods divided by the number of the units of the goods closely approximates, having regard to all relevant factors: