Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p46
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 112209–114998

to legal professional privilege not affected

"82. This Division does not affect the law relating to legal professional privilege.

CEO may give directions concerning the exercise of powers under this Division

"83.(1) Without limiting the generality of the power conferred on the CEO under subsection 4(4) of the Customs Administration Act 1985, the CEO may give directions in writing under that subsection concerning:

    (a) the circumstances in which the powers under this Division may be exercised; and

SCHEDULE 7—continued

    (b) the officers of Customs who are entitled to exercise those powers; and

    (c) the manner and frequency of reporting to the CEO concerning the exercise of those powers.

"(2) A direction given for the purposes of subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

"Subdivision B—General regulatory powers".

7. Sections 87, 88, 89 and 90:

Repeal the sections, substitute:

Power to stop conveyances about to leave an Excise place

"87.(1) If a conveyance is about to leave an Excise place, an officer may:

    (a) require the conveyance to stop; and

    (b) check to establish that there is appropriate documentation authorising the movement from the Excise place of any excisable goods in or on the conveyan ; that are subject to the control of Customs within the meaning ol section 61.

"(2) For the purposes of subsection (1), an officer may question the person apparently in charge of the conveyance about any goods in, on, or in a container on, the conveyance.

"(3) The power in paragraph (1)(b) includes a power to give directions relating to:

    (a) the unloading of any goods from the conveyance; or

    (b) their movement to a particular part of the Excise place for further examination.

"(4) If a direction under subsection (3) is not complied with, an officer may do what is necessary to give effect to the direction or to arrange for it to be done.

"(5) An officer must not detain a conveyance under this section for longer than is necessary and reasonable to exercise the powers conferred by this section.

"(6) In this section:

'aircraft' means any machine or craft that can derive support in the atmosphere from the reactions of the air;

'container' includes a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another;

SCHEDULE 7—continued

'conveyance' means an aircraft, railway rolling stock, vehicle or vessel of any kind;

'Excise place' means a factory or an approved place.".

8. Sections 93, 94, 95, 96, 97, 98 and 99:

Repeal the sections.

9. Before section 99A:

Insert the following Subdivision heading:

"Subdivision C—Auditing of commercial documents relating to the