Document ID: chunk:federal_register_of_legislation:C2004A04042:body:0:p22
Version: federal_register_of_legislation:C2004A04042
Segment Type: other
Provision Reference: 
Character Range: 52484–55185

evidence by the user to the contrary, taken to have been communicated by the user.

What happens if the EXIT computer system is down?

  "122c. (1) Where:

     (a) because the EXIT computer system is inoperative, a registered EXIT user cannot transmit a computer export entry to Customs or Customs cannot transmit an export entry advice to the user; and

     (b) the exportation of the goods for which the entry is required could otherwise be delayed;

the user may contact an officer doing duty in relation to entries as specified in the applicable EXIT agreement; and

     (c) give the officer such of the information that would ordinarily be contained in an export entry as the officer requests; and

     (d) request the officer to give him or her a provisional clearance of the goods to which the export entry relates.

"(2) Where an application is made to an officer in respect of particular goods in the circumstances set out in subsection (1), he or she must, having regard to the information supplied:

     (a) if he or she is satisfied that, were a computer export entry in respect of those goods able to be processed in the normal manner, the goods would be cleared for export in an export entry advice—give the registered EXIT user concerned a provisional clearance containing similar details to those that would be given in an export entry advice constituting an authority to deal with the goods; and

     (b) if he or she is not so satisfied—refuse to give such a provisional clearance.

  "(3) Where:

     (a) a provisional clearance is given in respect of particular goods; and

     (b) the goods are exported before an export entry advice is given in respect of the goods;

the goods are treated, for the purposes of this Part, as if the provisional clearance were an export entry advice constituting an authority to deal with the goods in the manner set out in the clearance, whether or not such an advice is ultimately given on an acquittal of the clearance under section 122d.

Acquittal of provisional clearance

"122d. (1) Where a registered EXIT user is given a provisional clearance in respect of particular goods, the user must, within 48 hours after the EXIT computer system is restored to operability, whether or not the goods have been exported:

     (a) withdraw any previous computer export entry in respect of the goods that was not able to be processed while the system was inoperable; and

   (b) transmit a computer export entry in respect of the goods; and

     (c) include in the information transmitted in the entry, particulars of the provisional clearance in respect of the goods.

Penalty: $500.

"(2) Where a computer export entry is communicated to