Document ID: chunk:federal_register_of_legislation:C2025C00155:section:114b:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 114B (pt 1/2)
Character Range: 520060–522897

114B  Confirming exporters
 (1) A person who:
 (a) proposes to make an export declaration relating to particular goods or is likely to make, from time to time, export declarations in relation to goods of a particular kind; and
 (b) will be unable to include in the export declaration or export declarations particular information in relation to the goods because the information cannot be ascertained until after the exportation of the goods;
may apply to the Comptroller‑General of Customs for confirming exporter status in respect of the information and the goods.
 (2) An application under subsection (1) must:
 (a) be in writing; and
 (b) be in an approved form; and
 (c) contain such particulars as are required by the form including the reasons the information referred to in subsection (1) cannot be ascertained before exportation.
 (3) Where a person applies for confirming exporter status in respect of particular information and particular goods or goods of a particular kind, the Comptroller‑General of Customs must:
 (a) if the Comptroller‑General of Customs is satisfied that the information cannot be ascertained before exportation—grant the applicant that status by signing a notice stating:
 (i) that the applicant is granted that status in respect of that information and those goods; and
 (ii) that the grant is on such conditions as are specified in the notice; or
 (b) if the Comptroller‑General of Customs is not so satisfied—refuse to grant the applicant that status by signing a notice stating that the Comptroller‑General of Customs has refused to grant the applicant that status and setting out the reasons for the refusal.
 (4) A grant of confirming exporter status has effect from the day on which the relevant notice is signed.
 (5) Without limiting the generality of the conditions to which a grant of confirming exporter status may be subject, those conditions must be expressed to include:
 (a) a requirement that the appropriate confirming exporter status will be specified in any export declaration relating to the goods in respect of which the status was granted where the confirming exporter proposes to rely on that status; and
 (b) a requirement that full details of the information in respect of which the status was granted will be provided as soon as practicable after exportation and not later than the time the Comptroller‑General of Customs indicates in the notice granting the status; and
 (c) a requirement that, if information in respect of which the status was granted becomes, to the knowledge of the confirming 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