Document ID: chunk:federal_register_of_legislation:C2004A04042:body:0:p26
Version: federal_register_of_legislation:C2004A04042
Segment Type: other
Provision Reference: 
Character Range: 62561–65404

into that persons possession or control on or after, the entry of those goods for export, being documents that are necessary to enable a Collector to satisfy himself or herself of the correctness of the particulars shown in the entry, until the expiration of the period of 5 years after the goods are so entered.

     Penalty: $2000.";

  (d) by inserting in subsection (2) "or (1a)" after "subsection (1)";

  (e) by inserting in subsection (3) "or (1a)" after "subsection (1)";

  (f) by inserting in subsection (4) "or (1a)" after "subsection (1)";

     (g) by inserting in paragraph (4) (a) "for the purpose of importation or exportation, as the case requires," after "properly described";

   (j) by inserting in subsection (6) ", (1a)" after "subsection (1)".

Insertion of new section

32. After section 240 of the Principal Act the following section is inserted in Division 1:

Certain records to be kept by Customs

"241. (1) Customs must keep a record of all transmissions made to or by Customs under the EXIT computer system, relating to any export entry, submanifest, manifest in respect of the goods, or withdrawal of such an entry, submanifest or manifest, for a period of 5 years after the goods are entered.

"(2) In any proceedings under this Act, the record retained by Customs under this section:

   (a) is admissible in evidence; and

   (b) is prima facie evidence:

         (i) if it purports to be a record of a transmission made to Customs—that the person by whom or with whose identifying code the transmission was signed made the statements contained in the transmission; and

         (ii) if it purports to be a record of a transmission made by Customs—that Customs made the statements contained in the transmission.".

Interpretation

  33. Section 269t of the Principal Act is amended:

     (a) by omitting from the definition of "countervailing duty" in subsection (1) "by virtue of a declaration under subsection 10 (2b), (2c) or (2d)" and substituting "by virtue of a declaration under subsection 269tj (4), (5) or (6) of this Act"; and

     (b) by omitting from subsection (1) the definitions of "countervailing duty notice" and "dumping duty notice" and substituting respectively the following definitions:

     " 'countervailing duty notice' means a notice published by the Minister under subsection 269tj (1) or (2) or 269tk (1) or (2);

     'dumping duty notice' means a notice published by the Minister under subsection 269tg (1) or (2) or 269th (1) or (2);".

Review of decisions

  34. Section 273ga of the Principal Act is amended:

  (a) by inserting after paragraph (1) (a) the following paragraph:

           "(aaaa) a decision under section 39 to suspend an authority to deal with goods;";

  (b) by inserting after paragraph (1) (b) the following paragraphs:

          "(ba) a decision