Document ID: chunk:federal_register_of_legislation:C2017C00362:clause:1_954
Version: federal_register_of_legislation:C2017C00362
Segment Type: clause
Provision Reference: sch 1 cl 954
Character Range: 169763–172546

954  Pecuniary penalties
(1) Proceedings instituted by the Chief Executive Officer of Customs, on behalf of the Commonwealth, under subsection 243B(1) of the Customs Act 1901 that were pending in a court immediately before the commencement of this item are taken on and after that commencement to have been proceedings instituted under that subsection by the Comptroller‑General of Customs, on behalf of the Commonwealth.
(2) An application by the Chief Executive Officer of Customs under paragraph 243CA(2)(a) of the Customs Act 1901 that was pending in a court immediately before the commencement of this item is taken on and after that commencement to have been an application by the Comptroller‑General of Customs under that paragraph as amended by this Schedule.
(3) An application by the Chief Executive Officer of Customs under subsection 243E(1) of the Customs Act 1901 that was pending in a court immediately before the commencement of this item is taken on and after that commencement to have been an application by the Comptroller‑General of Customs under that subsection as amended by this Schedule.
(4) For the purposes of an application referred to in subitem (3), if, before the commencement of this item, the Chief Executive Officer of Customs had given an undertaking mentioned in subsection 243E(6) of the Customs Act 1901, the undertaking is taken on and after that commencement to have been an undertaking given by the Comptroller‑General of Customs.
(5) An application by the Chief Executive Officer of Customs under subsection 243F(2), 243G(2A) or 243K(2) of the Customs Act 1901 that was pending in a court immediately before the commencement of this item is taken on and after that commencement to have been an application by the Comptroller‑General of Customs under that subsection as amended by this Schedule.
(6) An order in force under subsection 243F(1) of the Customs Act 1901 immediately before the commencement of this item directing a person to give the Chief Executive Officer of Customs a statement (where the statement had not been given before that commencement) is taken on and after that commencement to be an order directing the person to give the Comptroller‑General of Customs the statement.
(7) If before the commencement of this item a person gave a statement to the Chief Executive Officer of Customs under an order under subsection 243F(1) of the Customs Act 1901, then on and after that commencement the statement is taken to have been given to the Comptroller‑General of Customs under that order.
(8) Subsection 243L(1) of the Customs Act 1901 applies on and after the commencement of this item as if a reference in that subsection to the Comptroller‑General of Customs included a reference to the Chief Executive Officer of Customs.