Document ID: chunk:federal_register_of_legislation:C2008C00476:clause:3_138
Version: federal_register_of_legislation:C2008C00476
Segment Type: clause
Provision Reference: sch 3 cl 138
Character Range: 192368–193858

138  Subsections 71E(2A) and (3)
Repeal the subsections, substitute:

 (2A) If the goods have not been entered for home consumption or warehousing, a movement application may be made only by the operator of the ship or aircraft that carried the goods, by a cargo reporter in relation to the goods, or by a stevedore or depot operator who has possession of the goods.

 (2B) A movement application under subsection (2A) must be made electronically.

 (3) If a movement application is duly communicated to Customs, subsections (3AA) and (3AB) apply.

 (3AA) An officer may direct the applicant to ensure that the goods are held in the place where they are currently located until the decision is made on the application.

 (3AB) If a direction is not given under subsection (3AA), or a reasonable period has elapsed since the giving of such a direction to enable the making of an informed decision on the application, an officer must:
 (a) if the application is a document movement application—by notice in writing to the applicant; or
 (b) if the application is an electronic movement application—by sending a message electronically to the applicant;
do either of the following:
 (c) give the applicant permission to move the goods to which the application relates in accordance with the application either unconditionally or subject to such conditions as are specified in the notice or message;
 (d) refuse the application and set out in the notice or message the reasons for the refusal.