Document ID: chunk:federal_register_of_legislation:C2004A01221:clause:1_40
Version: federal_register_of_legislation:C2004A01221
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 25721–26934

40  Departures originally intended to happen before the cut‑over time but not happening before that time

(1) This item applies in relation to the departure of the master of a ship or pilot of an aircraft from a port, airport or other place in Australia at or after the cut‑over time if the departure had been intended to take place before that time but did not do so.

ITM amendments apply

(2) To avoid doubt, the ITM amendments apply (in accordance with item 38) in relation to the departure.

Note: Item 41 provides for the ITM amendments not to apply in exceptional circumstances.

Special transitional rules relating to Certificates of Clearance

(3) If a Certificate of Clearance was given to the master or pilot before the cut‑over time under the unamended Customs Act, the Certificate also has effect for the purposes of section 118 of the amended Customs Act in relation to the departure of the master or pilot after the cut‑over time.

(4) If a Certificate of Clearance was not given before the cut‑over time under the unamended Customs Act for the departure, anything done under the unamended Customs Act in relation to the departure does not have effect for the purposes of the amended Customs Act.