Document ID: chunk:federal_register_of_legislation:C2004A01221:clause:1_39
Version: federal_register_of_legislation:C2004A01221
Segment Type: clause
Provision Reference: sch 1 cl 39
Character Range: 24822–25721

39  Goods originally intended to be exported before the cut‑over time but not exported before that time

(1) This item applies in relation to goods if:
 (a) they were intended before the cut‑over time to be exported before that time but were not exported before that time; and
 (b) at or after that time, they are intended to be exported at or after that time.

(2) To avoid doubt, the ITM amendments apply (in accordance with item 38) in relation to the exportation of the goods.

Note: Item 41 provides for the ITM amendments not to apply in exceptional circumstances.

(3) If a Certificate of Clearance was not given before the cut‑over time under the unamended Customs Act for the departure that is to cause the exportation of the goods, anything done under the unamended Customs Act in relation to the exportation of the goods does not have effect for the purposes of the amended Customs Act.