Document ID: chunk:federal_register_of_legislation:C2004A04042:body:0:p24
Version: federal_register_of_legislation:C2004A04042
Segment Type: other
Provision Reference: 
Character Range: 57385–60222

of exporting vessel

"126c. Goods subject to the control of Customs must not be exported in a ship of less than 50 tons gross registered without the written permission of the Comptroller.

Penalty: $1,000.

Duty on goods in report of cargo that are not produced or landed

24. Section 149 of the Principal Act is amended by omitting "shall not be produced" and substituting "are not produced".

Forfeited goods

25. Section 229 of the Principal Act is amended by omitting from paragraph (1) (e) "Inward Manifest" and substituting "cargo report made under section 64ab".

Special provisions with respect to narcotic goods

26. Section 233b of the Principal Act is amended by inserting after paragraph (1) (c) the following paragraph:

       "(caa) without reasonable excuse (proof whereof shall lie upon him) conveys, or attempts to convey, any prohibited imports to which this section applies which have been imported into Australia in contravention of this Act; or".

Evidence of Analyst

27. Section 233ba of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

"(2)  Subject to subsection (4), in any proceedings for an offence against section 233b, a certificate of an analyst in an approved form stating, in respect of a substance in relation to which the offence is alleged to have been committed:

     (a) that the analyst signing the certificate is appointed under subsection (1); and

  (b) when and from whom the substance was received; and

     (c) what, if any, labels or other means of identifying the substance accompanied it when it was received; and

     (d) what container or containers the substance was contained in when it was received; and

     (e) a description, and the weight, of the substance received; and

     (f) when the substance, or a portion of it, was analysed; and

     (g) a description of the method of analysis; and

  (h) the results of the analysis; and

     (j) how the substance was dealt with after handling by the analyst, including details of:

       (i) the quantity retained; and

         (ii) the name of the person, if any, to whom any retained quantity was given; and

       (iii) measures taken to secure any retained quantity;

is admissible as prima facie evidence of the matters in the certificate and of the correctness of the result of the analysis.".

Customs offences

28. Section 234 of the Principal Act is amended by inserting after subsection (2) the following subsections:

"(2a) Where a computer export entry, a computer submanifest, a computer outward manifest or a computer withdrawal of such an entry, submanifest or manifest, is taken, under section 122b, to have been communicated to Customs, then, for the purposes of paragraph (1) (d):

     (a) the part of the communication constituting the transmission to