Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p14
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 32519–35382

their total factory cost.".

    Note: The heading to subsection 153L(2) is altered by omitting "if qualifying area does not include New Zealand".

23. Subsection 153L(3):

Omit the subsection.

24. Subsection 153L(4):

Omit "or (3)".

25. After section 153L:

Insert:

Modification of section 153L in special circumstances

When 50% in subsection 153L(4) can be read as 48%

"153LA.(1) If the CEO is satisfied:

    (a) that the allowable factory cost of preference claim goods in a shipment of such goods that are claimed to be the manufacture of Papua New Guinea or a Forum Island Country is at least 48% but not 50% of the total factory cost of those goods; and

    (b) that the allowable factory cost of those goods would be at least 50% of the total factory cost of those goods if an unforeseen circumstance had not occurred; and

SCHEDULE 4—continued

    (c) that the unforeseen circumstance is unlikely to continue; the CEO may determine, in writing, that section 153L has effect:

    (d) for the purpose of the shipment of goods that is affected by that unforeseen circumstance; and

    (e) for the purposes of any subsequent shipment of similar goods that is so affected during a period specified in the determination;

as if the reference in subsection 153L(4) to 50% were a reference to 48%.

Effect of determination

"(2) If the CEO makes a determination, then, in relation to all preference claim goods imported into Australia that are covered by the determination, section 153L has effect in accordance with the determination.

CEO may revoke determination "(3) If:

    (a) the CEO makes a determination; and

    (b) the CEO becomes satisfied that the unforeseen circumstance giving rise to the determination no longer continues;

the CEO may, by written notice, revoke the determination despite the fact that the period referred to in the determination has not ended.

Definition of "similar goods"

"(4) In this section:

'similar goods', in relation to goods in a particular shipment, means goods:

    (a) that are contained in another shipment that is imported by the same importer; and

    (b) that undergo the same process or processes of manufacture as the goods in the first-mentioned shipment.".

26. After the heading to Division 1 of Part XII:

Insert the following Subdivision and Subdivision heading:

"Subdivision A—Preliminary

Definitions

"183UA.(1) In this Division, unless the contrary intention appears:

'authorised person' means:

    (a) in relation to an application for, or for the execution of, a search warrant—an officer of Customs; and

SCHEDULE 4—continued

    (b) in relation to an application for, or for the execution of, a seizure warrant in respect of goods referred to in paragraph (a) of the definition of 'forfeited goods':

        (i) an officer of Customs; or

        (ii) an officer of police;