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Customs Act 1901
119Communication of outward manifest to Department
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119 Communication of outward manifest to Department
(aa) a ship or aircraft departs from a port, airport or other place in Australia; and
(ab) section 118A does not apply to the ship or aircraft;
the master or owner of the ship, or the pilot or owner of the aircraft, must communicate electronically to the Department, not later than 3 days after the day of departure, or such time as is prescribed in relation to the departure, an outward manifest:
(a) specifying all of the goods, other than goods prescribed for the purposes of section 120, that were loaded on board the ship or aircraft at the port, airport or other place; or
(b) if there were no goods of the kind to which paragraph (a) applies that were loaded on board the ship or aircraft at the port, airport or other place—making a statement to that effect.
(2) An outward manifest must contain such information as is set out in an approved statement.
(3) If subsection (1) is contravened in respect of a ship or aircraft, the master and the owner of the ship, or the pilot and the owner of the aircraft, each commit an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
119AA Application for permission to move, alter or interfere with goods for export
(1) This section applies to goods if:
(a) the goods are subject to customs control under paragraph 30(1)(b), (c) or (d); and
(b) either:
(i) the goods have been entered for export and an authority to deal with the goods is in force; or
(ii) the goods are the subject of a permission in force under subsection 96A(2).
(2) A person may apply to the Department for permission to move, alter or interfere with the goods in a particular way.
(3) An application under subsection (2) may be made by document or electronically.
(3A) A documentary application must:
(a) be communicated to the Department by sending or giving it to an officer doing duty in relation to export entries; and
(3B) An electronic application must communicate such information as is set out in an approved statement.
(4) The Comptroller‑General of Customs may approve different forms for documentary applications, and different statements for electronic applications, made under this section in different circumstances or by different classes of persons.
(5) If an application is made under subsection (2), an officer may direct the applicant to ensure that the goods are held in the place where they are currently located until a decision is made on the application.
(6) If a direction is not given under subsection (5), or a reasonable period has elapsed since the giving of such a direction to enable the making of an informed decision on the application, an officer must give a message by document, or send a message electronically, to the applicant:
(a) giving the applicant permission to move, alter or interfere with the goods in accordance with the application either unconditionally or subject to such conditions as are specified in the message; or
(b) refusing the application and setting out the reasons for the refusal.
(7) If a person moves, alters or interferes with goods otherwise than in accordance with a relevant permission, the movement of the goods is, for the purposes of paragraph 229(1)(g), taken not to have been authorised by this Act.
119AB Application for permission to move, alter or interfere with goods that are no longer for export
(1) If goods are subject to customs control under paragraph 30(1)(e), a person may apply to the Department for permission to move, alter or interfere with the goods in a particular way.
(a) be communicated to the Department by sending or giving it to an officer doing duty in relation to export entries; and
(4) An electronic application must communicate such information as is set out in an approved statement.
(5) The Comptroller‑General of Customs may approve different forms for documentary applications, and different statements for electronic applications, made under this section in different circumstances or by different classes of persons.
119AC Dealing with an application for a permission to move etc. goods that are no longer for export
(1) If an application is made under subsection 119AB(1), an officer may direct the applicant to ensure that the goods to which the application relates are held in the place where they are currently located until a decision is made on the application.
(2) If a direction is not given under subsection (1) of this section, or a reasonable period has elapsed since the giving of such a direction to enable the making of an informed decision on the application, an officer must give a message by document, or send a message electronically, to the applicant:
(a) giving the applicant permission to move, alter or interfere with the goods in accordance with the application either unconditionally or subject to such conditions as are specified in the message; or
(b) refusing the application and setting out the reasons for the refusal.
(3) If a person moves, alters or interferes with goods otherwise than in accordance with a permission under subsection (2) of this section, the movement of the goods is, for the purposes of paragraph 229(1)(g), taken not to have been authorised by this Act.