Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p8
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 17066–19822

(2) does not apply in respect of the goods.".

6. Section 13:

Repeal the section, substitute:

Exportation of falsely marked goods

"13.(1) Goods to which any false trade description is applied are prohibited to be exported.

"(2) Subject to subsection (3), goods to which a false trade description has been applied that are entered for export, put on board any ship for export or brought to any wharf or place for export, are forfeited to the Crown.

SCHEDULE 3—continued

"(3) If the CEO is satisfied that entry for export, putting on board a ship for export or bringing to a wharf or place for export, of goods to which a false trade description has been applied was not intentional or reckless:

    (a) the CEO may, by notice in writing given to the owner or exporter of the goods concerned, require the owner or exporter:

        (i) to correct the false trade description before the exportation of those goods and within a period specified in the notice; or

        (ii) to withdraw that entry, to remove the goods from that ship, or to remove the goods from that wharf or place, as the case requires, within the period so specified; and

    (b) if the owner or exporter complies with the notice, subsection (2) does not apply in respect of the goods.".

7. Section 15:

Repeal the section, substitute the following section and note:

Review of decisions

"15.(1) Applications can be made to the Administrative Appeals Tribunal for review of decisions of the CEO under subsection 7(3), 10(3), 11(3) or 13(3).

"(2) In this section:

'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.

    Note: Subsection 3(3) of the Administrative Appeals Tribunal Act 1975 extends the ordinary meaning of decision." .

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 SCHEDULE 4  Section 6

AMENDMENTS OF THE CUSTOMS ACT 1901

1. Subsection 4(1) (definition of "Protected object"):

Omit "203A", substitute "203T".

2. Subsection 8(1):

Omit the subsection, substitute:

"(1) In this Act:

    (a) a reference to the Collector, or to a Collector, is a reference to:

        (i) the CEO; or

        (ii) the Regional Director for a State or Territory; or

        (iii) any officer doing duty in the matter in relation to which the expression is used; and

    (b) a reference to the Regional Director, or to a Regional Director, for a State or Territory is a reference to the principal officer of Customs for that State or Territory.".

3. Paragraph 71B(4)(b):

After "a payment" insert "is made".

4. Subsection 71D(7):

Omit all the words after "the entry", substitute:

"must not be granted unless:

    (d) the requirement referred to in paragraph (a) has been complied with or withdrawn; or

    (e) the question referred to in paragraph (b) has been