Document ID: chunk:federal_register_of_legislation:C2025C00155:section:240:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 240 (pt 1/3)
Character Range: 1562355–1564995

240  Commercial documents to be kept

Keeping commercial documents
 (1) A person who is the owner of goods imported into Australia shall keep all the relevant commercial documents relating to the goods that came into that person's possession or control before, or come into that person's possession or control on or after, the entry of those goods for any purpose, being documents that are necessary to enable a Collector to satisfy himself or herself of the correctness of the particulars shown in the entry until:
 (a) if the goods are not ultimately entered for home consumption—the goods cease to be subject to customs control; and
 (b) if the goods are entered, or ultimately entered, for home consumption—the expiration of the period of 5 years after the goods are so entered.
Penalty: 30 penalty units.
 (1AA) A person who is the owner of goods imported into Australia must keep all the relevant commercial documents relating to the goods:
 (a) that come into the person's possession or control before, or come into the person's possession or control on or after, a return is given to the Department under section 69, 70 or 105C in relation to those goods; and
 (b) that are necessary to enable a Collector to satisfy himself or herself of the correctness of the particulars shown in the return;
until the end of the period of 5 years after the giving of the return.
Penalty: 30 penalty units.
 (1A) A person who is the owner of goods exported from Australia must keep all the relevant commercial documents relating to the goods that:
 (a) come into the person's possession or control at any time; and
 (b) are necessary to enable a Collector to satisfy himself or herself as to the correctness of information communicated by, or on behalf of, the person to the Department (whether in documentary or other form);
for the period of 5 years after the time when the goods were exported from Australia.
Penalty: 30 penalty units.
 (1B) A person who, in Australia:
 (a) causes goods to be imported into, or exported from, Australia; or
 (b) receives goods that have been imported into, or are to be exported from, Australia;
must keep all the relevant commercial documents that come into the person's possession or control at any time and relate to the goods concerned or to their carriage to or from Australia, being documents that are necessary to enable a Collector to satisfy himself or herself:
 (c) whether the person is complying with a Customs‑related law; or
 (d) as to the correctness of information communicated by, or on behalf of, the person to the Department (whether in documentary or other form);
for the period of 5 years