Document ID: chunk:federal_register_of_legislation:C2004A04767:body:0:p4
Version: federal_register_of_legislation:C2004A04767
Segment Type: other
Provision Reference: 
Character Range: 7481–10187

or forfeited regardless of any liability or penalty to which a person may be subject under this Act or the regulations.

"(6) A quarantine officer may release goods to which a compliance agreement applies from quarantine on the basis of a certificate or assurance, given by a person authorised under the agreement to give such a certificate or assurance, that all the procedures under this Act to which the agreement refers have been complied with in respect of the goods.

"(7) A party to a compliance agreement other than the Commonwealth must not intentionally or recklessly fail to ensure that any requirements imposed on that party under the agreement are complied with. Penalty for a contravention of this subsection: 500 penalty units or imprisonment for 10 years, or both.".

Division 4—Notices of importation and clearance of goods etc.

Object of Division

8. The object of this Division is to provide for notices to be given of the proposed importation of goods and to provide for the manner of giving those notices, and any other notices in respect of the goods, including the giving of notices by electronic means.

Insertion of new sections

9. After section 16AB of the Principal Act the following sections are inserted in Part III:

Notice of proposed importation of goods

"16AC.(1) If a person proposes to import goods into Australia or the Cocos Islands, the person, or an agent of the person, may give notice of the proposed importation in accordance with this section.

"(2) If a person imports goods into Australia or the Cocos Islands and notice of the proposed importation of the goods was not given under subsection (1), the person must, as soon as practicable after the importation, cause notice of the importation to be given in accordance with this section.

Penalty: 50 penalty units or imprisonment for 2 years, or both.

"(3) Subsection (2) does not apply to goods imported in circumstances prescribed by the regulations if any conditions prescribed by the regulations are complied with.

"(4) A notice under subsection (1) or (2) must be given in the manner, and must contain the information relating to the goods, that is prescribed by the regulations.

  "(5) The regulations:

  (a) may provide for a notice under subsection (1) to be given to:

      (i) an officer; or

        (ii) an officer of Customs within the meaning of the Customs Act 1901; and

    (b) may provide that the lodging of an entry, by electronic means or otherwise, under the Customs Act 1901 in relation to goods is to constitute:

        (i) if the goods have not been imported—the giving of a notice of the proposed importation of the goods under subsection (1); or

        (ii) if the goods