Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p11
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 24706–27425

apply;

the application is taken to have been withdrawn.

Contingency arrangements for goods the subject of an import entry advice

"77E.(1) If, while a declaration that contingency arrangements apply is in force, a registered COMPILE user:

    (a) has received an import entry advice in respect of goods; but

    (b) has not received an authority to take the goods into home consumption or to warehouse them;

the user may apply to Customs, in writing, for permission to take the goods into home consumption or to warehouse them.

"(2) An application must:

    (a) be in an approved form; and

    (b) include such information as the approved form requires; and

    (c) be signed in the manner indicated in the approved form; and

    (d) if, at the time of making an application, the user had been required under subsection 71D(2) to give Customs commercial documents or additional information but had not complied with that requirement—be accompanied by the commercial documents or additional information so required.

"(3) Subject to subsection (4), an officer of Customs may, on receipt of an application, by notice in writing:

SCHEDULE 4—continued

    (a) grant permission for the goods to which the application relates to be taken into home consumption or to be warehoused; or

    (b) refuse to grant such a permission and set out in the notice the reasons for so refusing.

"(4) A permission granted in respect of such goods is subject to any condition, specified in the permission, that Customs considers appropriate.

"(5) If permission is granted in respect of such goods, the registered COMPILE user to whom the permission is granted must not without reasonable excuse fail to:

    (a) comply with any condition to which the permission is subject; and

    (b) if, at the time of making an application, the user had not paid any duty, sales tax or other charge owing in relation to the goods—by the end of the working day next following the day on which the CEO declares that the contingency arrangements cease to apply, pay any duty, sales tax or other charge owing at the rate applicable at the time the permission is granted.

Penalty: 50 penalty units.

"(6) If:

    (a) an officer of Customs is satisfied that a registered COMPILE user to whom a permission has been granted under this section has failed to comply with any of the conditions to which the permission is subject; and

    (b) all or any of the goods have not been taken into home consumption or warehoused in accordance with the permission;

the officer may, at any time before the user takes those goods into home consumption or warehouses them, by notice in writing, revoke the permission and set out in the notice the reasons