Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p87
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 87/133)
Character Range: 279964–282673

the cargo is being transported;
Note: The airport may be named by using the ICAO 4‑letter code, the ICAO 3‑letter code or the IATA 3‑letter code for the airport.
 (vii) the time and date when the document was issued;
 (viii) if the cargo is required to be examined to receive clearance—details of the examination method applied to the cargo by the issuer and a statement that the cargo was examined in accordance with an examination notice;
 (ix) if the cargo is not required to be examined to receive clearance—a statement of the grounds on which the cargo is not required to be examined to receive clearance;
 (x) a declaration that the cargo has received clearance.
Note 1: For the definition of document, see section 2B of the Acts Interpretation Act 1901.
Note 2: For the purposes of subparagraph (ix), the 2 grounds on which cargo may not require examination to receive clearance are:
(a) in accordance with regulation 4.41C; or
(b) in accordance with a written notice issued by the Secretary under subparagraph 44B(2)(b)(i) of the Act.
Note 3: Subparagraph (x) refers to cargo having received clearance at the point in time at which the declaration is made. In order for cargo to be cleared at a particular time the cargo must have both received clearance and subsequently at all times have been handled in accordance with these Regulations—see subsection 44B(3) of the Act.
 (2) To avoid doubt:
 (a) a document issued by a known consignor and described in paragraphs (1)(a) and (c) is a security declaration even if the information described in subparagraph (1)(c)(vi):
 (i) is not included by the known consignor at the time of issue; and
 (ii) is later included in the document by a RACA or a cargo examining aircraft operator; and
 (b) the RACA or cargo examining aircraft operator does not issue the document merely by including that information in the document.
 (3) This subregulation covers a document (the foreign consignment security declaration) that:
 (a) relates to cargo that originates overseas; and
 (b) is issued by a person with functions like those of a known consignor, a RACA or a cargo examining aircraft operator, when the cargo is in the possession of the person overseas; and
 (c) is in English or can be readily translated into English by a RACA, or a cargo examining aircraft operator, who handles the cargo in Australia; and
 (d) includes details of how the person assessed the cargo; and
 (e) states that the cargo does not contain an unauthorised explosive.

4.41F  Offence—issuing a security declaration in certain circumstances

Known consignors
 (1) A known consignor commits an offence of strict liability if:
 (a) the known consignor issues a security declaration for