Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p42
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 101309–104016

under sections 203S and 205E

"214BA.(1) A function of making an order conferred on a magistrate by section 203S or 205E is conferred on the magistrate in a personal capacity and not as a court or a member of a court.

"(2) Without limiting the generality of subsection (1), an order made by a magistrate under section 203S or 205E has effect only by virtue of this Act and is not taken, by implication, to be made by a court.

"(3) A magistrate performing a function of, or connected with, making an order under section 203S or 205E has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the magistrate is a member).

SCHEDULE 4—continued

"(4) The Governor-General may make arrangements with the Governor of a State, the Chief Minister of the Australian Capital Territory, the Administrator of the Northern Territory or the Administrator of Norfolk Island for the performance, by all or any of the persons who from time to time hold office as magistrates in that State or Territory, of the function of making orders under section 203S or 205E.".

50. Subparagraph 219A(2)(c)(i):

After "seized" insert "under a seizure warrant or under subsection 203B(2) or 203C(2)".

51. Paragraph 229(1)(bb):

Omit "207", substitute "206".

52. Subsection 229A(6):

Omit "in pursuance of section 203", substitute "under a seizure warrant".

53. Subsections 229A(7) and (8):

Omit "under section 203", substitute "under a seizure warrant".

54. Subsection 234(2B):

Omit "or a withdrawal of an import entry", substitute ", a withdrawal of such an entry, or a return for the purposes of subsection 69(5), 70(7) or 77D(5)".

55. Paragraph 240(lAA)(a):

Omit "or 70", substitute ", 70 or 77D".

56. Section 262:

Repeal the section.

57. After section 269H:

Insert:

CEO may reject a TCO application in relation to goods referred to in section 269SJ

"269HA.(1) If, at any time during the period starting from the receipt of a TCO application and ending with the making of a TCO, the CEO becomes satisfied that the goods to which the application relates are goods in respect of which, under subsection 269SJ(1), the CEO is prevented from making a TCO, the CEO must:

SCHEDULE 4—continued

    (a) reject the application; and

    (b) by notice in writing given to the applicant, inform the applicant that the application is rejected and of the reason for the rejection.

"(2) If, at any time after the publication of a notice in the Gazette under subsection 269K(1), the CEO rejects the application to which the notice relates under subsection (1), the CEO must, as soon as practicable after rejecting the application, publish a notice