Document ID: chunk:federal_register_of_legislation:C2008C00476:clause:3_64ab:p2
Version: federal_register_of_legislation:C2008C00476
Segment Type: clause
Provision Reference: sch 3 cl 64AB (pt 2/3)
Character Range: 180026–182650

waybill or an ocean bill of lading, as the case requires.

 (8) A cargo report is to be made not later than:
 (a) if the cargo is carried on a ship:
 (i) 24 hours or such other period as is prescribed by the regulations; or
 (ii) if the journey from the last port is of a kind described in regulations made for the purposes of this subparagraph—such shorter period as is specified in those regulations;
  before the estimated time of arrival specified in the report under section 64 of the impending arrival of the ship; or
 (b) if the cargo is carried on an aircraft:
 (i) 2 hours or such other period as is prescribed by the regulations; or
 (ii) if the flight from the last airport is of a kind described in regulations made for the purposes of this subparagraph—such shorter period as is specified in those regulations;
  before the estimated time of arrival specified in the report under section 64 of the impending arrival of the aircraft.

 (9) A cargo reporter who intentionally contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.

 (10) A cargo reporter who contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.

 (11) An offence against subsection (10) is an offence of strict liability.

 (12) If:
 (a) a cargo reporter who is required to make a cargo report in respect of particular goods commits an offence against this section because the report is not made before the time by which it was required by subsection (8) to be made; and
 (b) that time occurs before the end of the general moratorium period or, if a further moratorium period is granted to the cargo reporter, before the end of the further moratorium period;
the cargo reporter is not liable to be prosecuted for the offence and an infringement notice cannot be served on the cargo reporter under Division 5 of Part XIII for the offence.

 (13) The general moratorium period is the period of 6 months beginning on the date of commencement of this section.

 (14) If:
 (a) a cargo reporter applies to the CEO for the grant to the cargo reporter of a further moratorium period to have effect at the end of the general moratorium period; and
 (b) the CEO is satisfied that the cargo reporter has, within the general moratorium period, made reasonable progress in:
 (i) installing the facilities required for the making of electronic cargo reports; or
 (ii) in putting in place business practices or entering into business arrangements to enable the making of electronic cargo reports;
the CEO may grant to the cargo reporter