Document ID: chunk:federal_register_of_legislation:C2025C00155:section:114b:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 114B (pt 2/2)
Character Range: 522620–524908

exporter, able to be ascertained before the exportation of goods in respect of which the status was granted, the confirming exporter will notify the Comptroller‑General of Customs forthwith.
 (6) Where the Comptroller‑General of Customs is satisfied that information in respect of which confirming exporter status was granted is now able to be ascertained before exportation, he or she must sign a notice in writing:
 (a) cancelling the confirming exporter status forthwith; or
 (b) modifying the confirming exporter status so that it no longer relates to that information.
 (7) Where a person granted a confirming exporter status in respect of information and goods fails to comply with a condition to which the grant is subject, the person commits an offence.
Penalty: 30 penalty units.
 (7A) Subsection (7) does not apply if the person has a reasonable excuse.
 (7B) Subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (8) Where:
 (a) a person who is a confirming exporter in respect of information and goods of a particular kind is convicted of an offence against subsection (7); or
 (b) the Comptroller‑General of Customs becomes satisfied that a person who is such a confirming exporter has failed to comply with a condition of a grant of confirming exporter status although no proceedings for an offence against subsection (7) have been brought against the person;
the Comptroller‑General of Customs may:
 (c) cancel that person's status in respect of that information and those goods; or
 (d) modify that person's status so that it no longer relates to specified information or goods or so that the conditions to which it is subject are altered in a specified respect;
by signing a notice stating that that status has been so cancelled or modified and setting out the reasons for that cancellation or modification.
 (9) A cancellation or modification of the confirming exporter status of a person has effect on the day the relevant notice was signed.
 (10) The Comptroller‑General of Customs must, as soon as practicable after signing a notice under subsection (3), (6) or (8), serve a copy of the notice on the person concerned but a failure to do so does not alter the effect of the notice.

Subdivision D—General