Document ID: chunk:federal_register_of_legislation:C2004A04500:body:0:p9
Version: federal_register_of_legislation:C2004A04500
Segment Type: other
Provision Reference: 
Character Range: 20731–23458

for all computer communications with Customs on that system; and

    (b)     a condition that the user, when assigned an identifying code by the Comptroller, will ensure the security of the code in a manner indicated in the agreement.

"(8) Where a registered user in relation to a system enters into a user agreement, the Comptroller must forthwith allocate to the user an identifying code for the use of the registered user and any employee of the user when communicating with Customs on that system.

"(9) Where, at any time, the Comptroller becomes satisfied that a person who is a registered user in relation to a system has failed to comply:

  (a)     with an obligation imposed on the user under this Act; or

  (b)     with a term of the applicable user agreement;

the Comptroller may cancel the person's registration as a registered user in relation to that system by sending a notice to the person to the effect that the registration has been cancelled and setting out the reasons for that cancellation.

"(10) The cancellation of the registration of a registered user in relation to a system has effect from the day the relevant notice is signed.

"(11) The Comptroller must, as soon as practicable after signing a notice under subsection (4) or (9), serve a copy of the notice on the person concerned but a failure to do so does not alter the effect of the notice.

Unauthorised use of registered user's identifying code

"67D. If a computer report is communicated to Customs using a registered user's identifying code:

    (a)     without the authority of the user to whom the code is assigned; and

    (b)     before notification to Customs by the user of a possible breach of security;

that report will be taken, subject to any evidence of the user to the contrary, to have been communicated by the user.

What happens if a cargo automation system is down?

"67E.(1) If, because a cargo automation system is inoperative, a registered user in relation to that system cannot transmit a report or, in relation to a cargo report, a variation of the report, to Customs by computer, the user must communicate that report, or that variation, to Customs by document.

"(2) If, because a cargo automation system is inoperative, Customs cannot transmit an acknowledgment by computer of a report, or of a variation of a cargo report, to the user, Customs must acknowledge that report, or that variation, by document.".

Like customable goods

  11. Section 69 of the Principal Act is amended:

    (a) by omitting subsection (1) and substituting the following subsection:

      "(1) In this section:

     'like customable goods' means:

         (a)     goods to which section 68 applies that are classified under a