Document ID: chunk:federal_register_of_legislation:C2004A04500:body:0:p11
Version: federal_register_of_legislation:C2004A04500
Segment Type: other
Provision Reference: 
Character Range: 25863–28711

permission to which the goods relate, the movement of the goods is, for the purposes of paragraph 229(1)(g), taken not to have been authorised by this Act.".

Manner and effect of communicating with Customs by computer

  15. Section 71L of the Principal Act is amended:

     (a)    by omitting from subsection (1) "or a withdrawal of such an entry" and substituting ", a withdrawal of such an entry, or a return for the purposes of subsection 69(5) or 70(7)";

     (b)    by omitting from subsection (2) "or a withdrawal of such an entry" and substituting ", a withdrawal of such an entry, or a return for the purposes of subsection 69(5) or 70(7)";

     (c)     by omitting from subsection (2) "of a withdrawal" and substituting "of the withdrawal or of the return";

   (d)    by adding at the end the following subsections:

     "(3) A movement application that is transmitted to Customs by computer:

         (a) must be transmitted using a cargo automation system or the COMPILE computer system during a time when,

         under regulations made for the purposes of section 28, a person can transmit a computer entry to Customs; and

         (b)     must be signed by transmitting, in relation to the application, the registered user's identifying code under the cargo automation system or the registered COMPILE user's PIN number, as the case requires; and

         (c)     must communicate such information as is set out in an approved statement relating to that communication.

     "(4) For the purposes of this Act, a movement application is taken to have been communicated to Customs by computer:

         (a)     when an acknowledgment of the application is transmitted by Customs using a cargo automation system to the registered user of that system whose identifying code was transmitted in relation to the application; or

         (b)     when an acknowledgment of the application is transmitted by Customs using the COMPILE computer system to the registered COMPILE user whose PIN number was transmitted in relation to the application;

     as the case requires.".

Authority for unshipment

16. Section 74 of the Principal Act is amended by adding at the end the following subsections:

"(3) Subject to subsection (4), a permit to unship must be communicated:

     (a)     to the person who communicated to Customs the cargo report covering the goods to which the permit relates; and

     (b)     to any other person responsible for the physical removal of the cargo covered by the report from the ship or aircraft.

"(4) If a permit to unship goods is communicated to a person other than the person who communicated to Customs that cargo report covering the goods, Customs may inform that other person of any conditions attaching to the grant of the permit that directly affect the physical removal of goods covered