Document ID: chunk:federal_register_of_legislation:C2008C00476:clause:3_71de:p1
Version: federal_register_of_legislation:C2008C00476
Segment Type: clause
Provision Reference: sch 3 cl 71DE (pt 1/2)
Character Range: 98295–100963

71DE  Authority to deal with goods in respect of which an RCR has been made

 (1) If an RCR in respect of goods has been communicated to Customs, Customs must give a cargo release advice electronically in accordance with this section.

 (2) A cargo release advice:
 (a) must refer to the number given by Customs to identify the particular RCR; and
 (b) must be communicated electronically to the person who made the RCR; and
 (c) must contain:
 (i) a statement to the effect that the goods are cleared for home consumption; or
 (ii) a statement that the goods are directed to be held in their current location or are directed for further examination.

 (3) Subject to subsection (4), if a cargo release advice is communicated under this section, Customs must communicate electronically, to the person to whom the advice was communicated, an authority to take the goods into home consumption.

 (4) Customs is not required to communicate an authority under subsection (3) while the goods concerned are subject to a direction referred to in subparagraph (2)(c)(ii).

 (5) If goods are authorised to be taken into home consumption, the authority to deal must set out:
 (a) any condition of the kind referred to in subsection (6) to which the authority is subject; and
 (b) the date on which the authority is given; and
 (c) such other information as is prescribed.

 (6) An authority to deal with goods may be expressed to be subject to a condition that a specified permission for the goods to be dealt with (however it is described) be obtained under another law of the Commonwealth.

 (7) If an authority to deal with goods is expressed to be subject to the condition that a specified permission be obtained, the authority is taken not to have been given until the permission has been obtained.

 (8) An officer may, at any time before goods authorised to be taken into home consumption are so dealt with, cancel the authority by sending electronically, to the person to whom the cargo release advice was sent, a message stating that the authority is cancelled and setting out the reasons for the cancellation.

 (9) If, at any time before goods authorised to be taken into home consumption are so dealt with, an officer has reasonable grounds to suspect that the goods were imported into Australia in contravention of a Customs‑related law, the officer may suspend the authority for a specified period by sending electronically, to the person to whom the cargo release advice was sent, a message stating that the authority is so suspended and setting out the reasons for the suspension.

 (10) If, during the suspension under subsection (9) of an authority, an officer