Document ID: chunk:federal_register_of_legislation:C2004A01221:clause:1_41
Version: federal_register_of_legislation:C2004A01221
Segment Type: clause
Provision Reference: sch 1 cl 41
Character Range: 26934–28886

41  Continued application of old law to exportation after cut‑over time in exceptional circumstances

(1) In the circumstances described in subitem (2), the ITM amendments do not apply in relation to:
 (a) the exportation of particular goods at or after the cut‑over time; or
 (b) the departure of the master of a ship carrying particular goods at or after that time; or
 (c) the departure of the pilot of an aircraft carrying particular goods at or after that time.

(2) The circumstances are that:
 (a) before the cut‑over time, the particular goods:
 (i) were intended to be exported before the cut‑over time; and
 (ii) had been entered for export; and
 (iii) were covered by an authority to deal with the goods that was issued before the cut‑over time under section 114C of the unamended Customs Act; and
 (b) less than 30 days (including Sundays and holidays) have passed after the intended day of exportation notified in that entry of the goods for export; and
 (c) the goods were subject to the control of the Customs under paragraph 30(1)(d) of the Customs Act 1901 at some time during the period starting at the start of the day on which the ITM amendments commence and ending just before the cut‑over time; and
 (d) the CEO has determined under subitem (3) of this item that the ITM amendments should not apply in relation to the exportation of the goods.

(3) The CEO may determine in writing that the ITM amendments should not apply in relation to the exportation of goods that are specified in the determination, if the CEO is satisfied that exceptional circumstances will prevent or prevented the exportation of the goods before the cut‑over time.

Note: The CEO may specify goods by reference to a class. See subsection 46(2) of the Acts Interpretation Act 1901.

(4) This item has effect despite items 38, 39 and 40.

[Minister's second reading speech made in—
House of Representatives on 15 May 2003
Senate on 1 December 2003]
(61/03)