Document ID: chunk:federal_register_of_legislation:C2004A00707:clause:1_39k:p2
Version: federal_register_of_legislation:C2004A00707
Segment Type: clause
Provision Reference: sch 1 cl 39K (pt 2/2)
Character Range: 37804–39660

of a penalty unit.

 (4) During a period in which a licence is suspended, the licence holder must not, without permission under subsection (6):
 (a) for a manufacturer licence—manufacture excisable goods; and
 (b) for a storage licence—keep or store excisable goods at the premises specified in the licence; and
 (c) for a producer licence—produce tobacco seed, tobacco plant or tobacco leaf; and
 (d) for a dealer licence—deal in tobacco seed, tobacco plant or tobacco leaf; and
 (e) for a manufacturer licence, producer licence or dealer licence—keep or store tobacco leaf.

Penalty: 100 penalty units.

 (5) Strict liability applies to subsection (4).

 (6) During a period in which the licence is suspended, the Collector may:
 (a) give written permission for goods to be kept or stored at the premises specified in the licence; and
 (b) give written permission for a process to be carried out at the premises specified in the licence; and
 (c) give written permission for the movement of goods from the premises specified in the licence to another place; and
 (d) by written notice, in a manner prescribed by the regulations, to the owner of goods at the premises specified in the licence, require him or her to remove the goods to another place approved by the Collector; and
 (e) take such control of the premises specified in the licence and of any goods at the premises as may be necessary for the protection of the revenue or for ensuring compliance with the Excise Acts; and
 (f) by written notice to the licence holder, require the holder to pay such costs incurred by the CEO as a result of the suspension.

 (7) If an amount that the licence holder is required to pay in accordance with a notice under paragraph (6)(f) is not paid, that amount may be recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction.