Document ID: chunk:federal_register_of_legislation:C2004A04042:body:0:p21
Version: federal_register_of_legislation:C2004A04042
Segment Type: other
Provision Reference: 
Character Range: 49981–52728

that the applicant is a registered EXIT user; or

     (b) refuse to register the applicant as a registered EXIT user by signing a notice stating that the Comptroller has refused to register the applicant and setting out the reasons for the refusal.

 "(6) Where the Comptroller registers a person as a registered EXIT user, the registration has effect from the day on which the relevant notice was signed.

"(7) Each registered EXIT user must, as soon as practicable after registration, enter into an agreement with Customs, setting out the terms and conditions of computer access to Customs for the purpose of communications relating to the exportation of goods including:

     (a) a condition that the user will use computer facilities of a kind specified in the agreement for all computer communications with Customs relating to export entries; 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 EXIT user enters into an EXIT agreement, the Comptroller must forthwith allocate an identifying code to the user.

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

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

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

the Comptroller may cancel the registration of the registered EXIT user by signing a notice stating that the registration has been cancelled and setting out the reasons for that cancellation.

"(10) The cancellation of the registration of a person as a registered EXIT user has effect from the day the relevant notice was signed.

"(11) The Comptroller must, as soon as practicable after signing a notice under subsection (5) 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 EXIT user's identifying code

"122b. Where a computer export entry, a computer submanifest, a computer outward manifest or a withdrawal of such an entry, submanifest or manifest is communicated to Customs using a registered EXIT user's identifying code:

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

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

that entry, submanifest, manifest or withdrawal will be, for all purposes, but subject to any evidence by the user to the contrary, taken to have been communicated by the user.

What happens if the EXIT computer system is down?

  "122c. (1) Where:

     (a) because the EXIT computer system is inoperative, a registered EXIT user cannot