Document ID: chunk:federal_register_of_legislation:C2004A03936:body:0:p4
Version: federal_register_of_legislation:C2004A03936
Segment Type: other
Provision Reference: 
Character Range: 7721–10588

and

   (b) the Comptroller is satisfied that the spirit will not be repackaged in any other container for the purposes of retail sale.".

Rebate of duty in respect of diesel fuel used for certain purposes

10. Section 164 of the Principal Act is amended by omitting from subsection (2) "a Collector" and substituting "the Comptroller".

Powers of officers to inspect commercial documents under a section 39 authorisation

11. Section 214aa of the Principal Act is amended:

   (a) by omitting from subsection (1) "officer of Customs authorised, in writing, by the Comptroller to exercise powers under this section" and substituting "authorised officer";

   (b) by omitting from subsection (2) "officer of Customs" and substituting "authorised officer";

   (c) by omitting from subsection (2) "so authorised" and substituting "an authorised officer".

Powers of officers to inspect commercial documents in other circumstances

12. Section 214ab is amended by omitting subsection (8).

Powers of officers for purposes of section 164

13. Section 214a of the Principal Act is amended by omitting subsection (10).

Powers of officers for purposes of Customs Tariff (Anti-Dumping) Act 1975

14. Section 214b of the Principal Act is amended by omitting subsection (10).

Forfeited goods

15. Section 229 of the Principal Act is amended by inserting after subsection (1) the following subsection:

"(1a) In spite of subsection (1), goods are not forfeited to the Crown merely because they are imported or exported in contravention of the Motor Vehicle Standards Act 1989.".

Remission of penalty

16. Section 243u of the Principal Act is amended by omitting from subsection (1) "Controller" and substituting "Comptroller".

Institution of prosecutions

17. (1) Section 24s of the Principal Act is amended by inserting in subsection (1) "the office of" after "name of".

(2) Any Customs prosecution begun, but not completed, before this section commences in the name of the person who, at the time of beginning the prosecution, held or acted in the office of Comptroller-General of Customs, is to be treated, after this section commences, as if it were a prosecution begun in the name of the office of Comptroller-General of Customs.

Comptroller may refuse to make certain concession orders

18. Section 269e of the Principal Act is amended:

(a) by omitting subsections (1) and (1a) and substituting the following subsections:

    "(1) The Comptroller may, in his or her discretion, refuse to make a concession order under subsection 269c (1) in respect of particular goods if, in his or her opinion, the making of the order would be likely to have a substantially adverse effect on the market for any goods produced in Australia.

    "(1a) The Comptroller may, in his or her discretion, refuse to make a concession order under subsection 269c (1a) or (1b) in respect