67Interference with derelict goods

67  Interference with derelict goods  (1) No person shall unnecessarily move alter or interfere with any goods derelict flotsam jetsam lagan or wreck. Penalty: 20 penalty units.  (2) Subsection (1) does not apply to a person who moves, alters or interferes with the goods by authority. Note: For by authority, see subsection 4(1). Subdivision C—The registration, rights and obligations of special reporters 67EA  Special reporters   For the purposes of section 64AB of this Act, a person or a partnership may, in accordance with this Subdivision, become a special reporter in relation to low value cargo of a particular kind. 67EB  Requirements for registration as a special reporter  (1) The Comptroller‑General of Customs must not register a person as a special reporter if:  (b) the applicant does not satisfy the Comptroller‑General of Customs as mentioned in subsection (2) in relation to low value cargo of that kind; or  (c) if the applicant is applying to be registered in respect of low value cargo consigned from a particular mail‑order house—the applicant is not a party to a house agreement with that mail‑order house in force at all times during the 3 consecutive months before the making of the application; or  (d) the applicant does not have dedicated computer facilities having such specifications as are determined, in writing, by the Comptroller‑General of Customs for the purpose of this paragraph, in relation to low value cargo generally, including, in particular, specifications to ensure that the information maintained by the applicant in those facilities will not be able to be accessed or altered by unauthorised persons; or  (e) in the opinion of the Comptroller‑General of Customs:  (i) if the applicant is a natural person—the applicant is not a fit and proper person to be registered as a special reporter; or  (ii) if the applicant is a partnership—any of the partners is not a fit and proper person to be a member of a partnership registered as a special reporter; or  (iii) if the applicant is a company—any director, officer or shareholder of a company who would participate in the management of the affairs of the company is not a fit and proper person so to participate; or  (iv) an employee of the applicant who would participate in the management of the applicant’s dedicated computer facilities is not a fit and proper person so to participate; or  (v) if the applicant is a company—the company is not a fit and proper company to be registered as a special reporter.  (2) An applicant for registration as a special reporter in relation to low value cargo of a particular kind is taken to comply with this subsection if, and only if, the applicant satisfies the Comptroller‑General of Customs that:  (a) in a case of low value cargo consigned from a particular mail‑order house to consignees in Australia—the applicant is likely to make cargo reports covering at least 1,000 such consignments per month from the mail‑order house during the period of registration; or  (b) in a case of low value cargo of another prescribed kind consigned from a place outside Australia to a consignee in Australia—the applicant is likely to make cargo reports covering a number of consignments per month of that kind that is not less than the number specified in the regulations.  (3) The Comptroller‑General of Customs must, in deciding whether a person is a fit and proper person for the purposes of subparagraph (1)(e)(i), (ii), (iii) or (iv) have regard to:  (a) any conviction of the person of an offence against this Act committed within the 10 years immediately before the decision; and  (b) any conviction of the person of an offence punishable by imprisonment for one year or longer:  (ii) against a law of a State or of a Territory;   if that offence was committed within the 10 years immediately before that decision; and  (d) whether the person was, in the 2 years immediately before that decision, a director of, or concerned in the management of, a company that:  (i) had been, or is being, wound up; or  (ii) had had its registration as a special reporter in relation to any low value cargo of any kind cancelled by the Comptroller‑General of Customs because of a breach of any condition to which the registration of the company as a special reporter was subject; and  (e) whether any misleading information or document has been furnished in relation to the person by the applicant under subsection 67EC(2), 67ED(5) or 67EK(12); and  (f) if any information or document given by or in relation to the person was false—whether the applicant knew that the information or document was false; and  (g) whether the person has been refused a transport security identification card, or has had such a card suspended or cancelled, within the 10 years immediately before the decision.  (4) The Comptroller‑General of Customs must, in deciding whether a company is a fit and proper company for the purpose of subparagraph (1)(e)(v), have regard to:  (ii) if it is punishable by a fine of $5,000 or more—against another law of the Commonwealth, or a law of a State or of a Territory;  (iii) within the 10 years immediately before that decision; and  (iv) at a time when any person who is presently a director, officer or shareholder of a kind referred to in subparagraph (1)(e)(iii) in relation to the company was such a director, officer or shareholder; and  (d) whether the company has executed, under Part 5.3A of that Act, a deed of company arrangement that has not yet terminated; and  (ea) whether the company has made, under Division 3 of Part 5.3B of that Act, a restructuring plan that has not yet terminated; and  (f) whether the company is being wound up.  (5) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieves persons from the requirement to disclose spent convictions and requires persons aware of such convictions to disregard them). 67EC  The making of an application  (1) An applicant for registration as a special reporter in respect of low value cargo of a particular kind may make an application under this subsection in relation to cargo of that kind.  (2) An application must:  (d) be accompanied by such other documentation as the form requires; and  (e) be signed in the manner indicated in the form; and  (f) be lodged as required by subsection (4).  (3) Without limiting by implication the generality of the information that may be required by the approved form, the application must indicate the premises in Australia at which the dedicated computer facilities of the applicant are located and the premises in Australia at which documents relating to information required to be stored on those facilities are or will be located.  (4) An application is taken to have been lodged with the Department when the application is first received by an officer of Customs designated by the Comptroller‑General of Customs to receive such applications.  (5) The day on which an application is taken to have been lodged must be recorded on the application.  (6) For the avoidance of doubt, it is the intention of the Parliament that a person who seeks to be registered as a special reporter:  (a) if the person seeks that registration in relation to low value cargo consigned from more than one mail‑order house—must make a separate application for such registration in relation to each such house; and  (c) if the person seeks that registration in relation to low value cargo of any other kind prescribed by the regulations—must make a separate application for such registration in relation to each prescribed kind of low value cargo. 67ED  Consideration of the application  (1) If an application under section 67EC for registration as a special reporter in relation to low value cargo of a particular kind is lodged, the Comptroller‑General of Customs must, having regard:  (a) to the terms of the application; and  (b) if additional information is supplied in response to a requirement under subsection (5)—to that additional information; decide whether or not to register the applicant in relation to low value cargo of that kind.  (2) The Comptroller‑General of Customs must make a decision within 60 days after:  (a) if paragraph (b) does not apply—the lodgment of the application; and  (b) if the Comptroller‑General of Customs requires further information to be supplied under subsection (5) and the applicant supplies the information in accordance with that subsection—the receipt of the information.  (3) If the Comptroller‑General of Customs decides to register the applicant in relation to low value cargo of the kind referred to in the application, the Comptroller‑General of Customs must register the applicant as a special reporter in respect of low value cargo of that kind and notify the applicant, in writing, of that decision specifying the day on which the registration comes into force.  (4) If the Comptroller‑General of Customs decides not to register the applicant in respect of low value cargo of that kind referred to in the application, the Comptroller‑General of Customs must notify the applicant, in writing, of that decision setting out the reasons for so deciding.  (5) If, in considering the application, the Comptroller‑General of Customs decides that he or she needs further information on any matter dealt with in the application:  (a) the Comptroller‑General of Customs may, by notice in writing to the applicant, require the applicant to provide such additional information relating to that matter as the Comptroller‑General of Customs specifies within a period specified in the notice; and  (b) unless the information is given to the Comptroller‑General of Customs within that period—the applicant is taken to have withdrawn the application. 67EE  Basic conditions attaching to registration as a special reporter  (1) The registration of a special reporter is subject to:  (a) the conditions set out in this section and section 67EF; and  (b) if the special reporter is registered as a special reporter in respect of low value cargo consigned from a mail‑order house—section 67EG; and  (c) if regulations under section 67EH apply—that section.  (2) The special reporter must give the Comptroller‑General of Customs written information of any of the following matters within 30 days after the occurrence of the matter:  (a) any matter that might, if the reporter were not a special reporter but were an applicant for registration, cause paragraph 67EB(1)(e) to apply in relation to the reporter;  (b) if, after the registration, or renewal of registration, of a company as a special reporter, a person commences to participate, as a director, officer or shareholder, in the management of the affairs of the company—the fact of such commencement; and  (c) if, after the registration, or renewal of registration, of a special reporter, a person commences to participate as an employee of the special reporter in the management of the dedicated computer facilities of the special reporter—the fact of such commencement; and  (d) if the special reporter is a partnership—the fact of any change in the membership of the partnership.  (3) The special reporter must communicate such cargo reports by using dedicated computer facilities. 67EF  Storage and record maintenance conditions  (1) A person who is or has been a special reporter must:  (a) store in dedicated computer facilities at notified premises all information relating to individual consignments that the reporter would, but for the reporter’s registration under section 67ED or renewal of registration under section 67EK, be required to give to the Department under section 64AB; and  (b) for 2 years after the date that an abbreviated cargo report covering a consignment is transmitted to the Department, retain at notified premises all the information stored under paragraph (a) in relation to that consignment and also all physical documents of a prescribed kind that cover or relate to that consignment.  (2) If, at any time, while a person is, or within 2 years after the person ceased to be, a special reporter in relation to low value cargo of a particular kind, the person intends to change the location of notified premises at which:  (a) all or any of the dedicated computer facilities used to store information relating to cargo of that kind are situated; or  (b) all or any documents containing information relating to cargo of that kind required to be stored in such facilities are situated; the person must, before so doing, notify the Comptroller‑General of Customs in writing of the intention to change the premises and include particulars of the changes proposed and of the date on which those changes will take effect.  (3) The special reporter must ensure that the changed premises referred to in subsection (2) are located in Australia.  (4) The special reporter must provide an officer of Customs with online access to the information stored and retained under subsection (1) and with the capacity to download that information, or a part of that information, at any time as required by an officer of Customs.  (5) The special reporter must, despite providing an officer of Customs with the capacity to download information referred to in subsection (4), electronically transfer that information, or a part of that information, to an officer of Customs at any reasonable time as required by an officer of Customs. 67EG  Special mail‑order house condition   If a person is registered as a special reporter in relation to low value cargo consigned from a particular mail‑order house, the person must:  (a) ensure, at all times while that person continues to be a special reporter in relation to that mail‑order house, that there is in force between the person and that mail‑order house a house agreement within the meaning of section 63A; and  (b) if the agreement expires or for any reason is terminated or there is a breach or an alleged breach of the terms of that agreement—notify the Comptroller‑General of Customs, in writing, of that expiration or termination or of that breach or alleged breach. 67EH  Further conditions may be imposed by regulations   The regulations may, at any time, provide that:  (a) if a person is first registered as a special reporter after that time; or  (b) if a person’s registration as a special reporter is renewed after that time; that registration, or registration as renewed, is subject to such further conditions relevant to registration or renewal of registration as a special reporter under this Subdivision as the regulations specify. 67EI  Breach of conditions of registration  (1) A person who is or has been a special reporter must not breach a condition of the person’s registration as a special reporter. 67EJ  Duration of registration   If a person is registered as a special reporter in relation to low value cargo of a particular kind, that registration:  (a) unless paragraph (b) applies—comes into force on a date specified by the Comptroller‑General of Customs under subsection 67ED(3); and  (b) if it is a renewed registration—comes into force on a date determined under subsection 67EK(8); and  (c) remains in force for 2 years after it comes into force unless, before that time, it is cancelled under section 67EM. 67EK  Renewal of registration  (1) A person who is a special reporter in relation to low value cargo of a particular kind may seek renewal of registration in relation to cargo of that kind by making and lodging a further application in accordance with the requirements of section 67EC:  (a) unless paragraph (b) applies—not later than 30 days before the end of the current period of registration; or  (b) if the Comptroller‑General of Customs is satisfied that, for reasons beyond the control of the special reporter, it was not possible to meet the requirements of paragraph (a)—not later than such later date before the end of the period of registration as the Comptroller‑General of Customs specifies.  (2) Subject to subsection (3), sections 67EB and 67EC apply in relation to an application for renewal of registration in the same manner as they applied to the original application.  (3) Subsection 67EB(2) has effect in relation to an application for renewal of registration:  (a) if the registration relates to a low value cargo consigned from a particular mail‑order house—as if that subsection required the applicant, as a special reporter, to have reported at least 3,000 consignments of such cargo from that house during the 3 months immediately before the making of the application; and  (c) if the registration relates to low value cargo of another prescribed kind—as if that subsection required the applicant, as a special reporter, to have reported at least the prescribed number of consignments of cargo of that kind during the 3 months before the making of the application.  (4) In considering an application for renewal of registration as a special reporter, if the Comptroller‑General of Customs has varied the specifications in relation to dedicated computer facilities in any manner, the special reporter must ensure that the computer facilities meet the specifications as so varied.  (5) If an application for renewal of registration as a special reporter in relation to low value cargo of a particular kind is lodged, the Comptroller‑General of Customs must, having regard to the terms of the application and, where additional information is supplied under subsection (12), to the additional information, decide whether or not to renew the registration of the applicant in relation to low value cargo of that kind.  (6) The Comptroller‑General of Customs must make the decision before, or as soon as possible after, the end of the current period of registration.  (7) If, for any reason, the Comptroller‑General of Customs has not completed the consideration of the application for renewal of registration at the time when the current period of registration would, but for this subsection, expire, the current period of registration is taken to continue until the consideration of the application is concluded and a resulting decision made.  (8) If the Comptroller‑General of Customs decides to renew the registration of a special reporter in relation to low value cargo of a particular kind, the Comptroller‑General of Customs must renew the registration and notify the applicant for renewal, in writing, of that decision specifying the day on which, in accordance with subsection (10), the renewal of registration comes into force.  (9) If the Comptroller‑General of Customs decides not to renew the registration of a special reporter in relation to low value cargo of a particular kind, the Comptroller‑General of Customs must notify the applicant for renewal, in writing, of that decision setting out the reasons for so deciding.  (10) If the Comptroller‑General of Customs decides to renew the registration of a special reporter in relation to low value cargo of a particular kind, that renewal takes effect on the day following the end of the current period of registration, or of that period as it is taken to have been extended under subsection (7).  (11) If the Comptroller‑General of Customs refuses to renew the registration of a special reporter in relation to low value cargo of a particular kind, the registration in relation to cargo of that kind continues:  (a) until the end of the current period of registration, unless it is earlier cancelled; or  (b) if the current period of registration is taken to have been extended under subsection (7)—until the making of the decision to refuse to renew registration.  (12) If, in considering an application for renewal of registration, the Comptroller‑General of Customs decides that he or she needs further information on any matter dealt with in the application:  (a) the Comptroller‑General of Customs may, by notice in writing to the applicant, require the applicant to provide such additional information relating to the matter as the Comptroller‑General of Customs specifies within a period specified in the notice; and  (b) unless the information is given to the Comptroller‑General of Customs within that period—the applicant is taken to have withdrawn the application. 67EL  Comptroller‑General of Customs to allocate a special identifying code for each special reporter   If the Comptroller‑General of Customs registers an applicant as a special reporter in respect of low value cargo of a particular kind, the Comptroller‑General of Customs must allocate to the reporter a special identifying code for use by the special reporter when making an abbreviated cargo report in relation to cargo of that kind. 67EM  Cancellation of registration as special reporter  (1) The Comptroller‑General of Customs may, at any time, give to a special reporter a notice of intention to cancel the special reporter’s registration if the Comptroller‑General of Customs is satisfied that:  (b) if the special reporter were not a special reporter but were an applicant for registration—circumstances have arisen whereby paragraph 67EB(1)(e) applies in relation to the reporter; or  (c) the special reporter has breached any condition to which the registration as a special reporter is subject in accordance with section 67EE, 67EF, 67EG or 67EH; or  (d) if the special reporter is registered as such in relation to low value cargo consigned from a particular mail‑order house:  (i) there is no longer a house agreement in force between the special reporter and that house; or  (ii) the terms of such an agreement have been breached.  (2) For the purposes of paragraph (1)(b), the expression 10 years immediately before the decision in subsections 67EB(3) and (4) is to be taken to be 10 years immediately before the notice.  (3) The notice of intention to cancel registration must:  (a) specify the ground or grounds for the intended cancellation; and  (b) invite the special reporter to provide a written statement to the Comptroller‑General of Customs within 30 days after the notice is given (the submission period) explaining why the registration should not be cancelled; and  (c) state that the Comptroller‑General of Customs may decide to cancel the registration at any time within the 14 days following the end of the submission period, if the grounds or at least one of the grounds exists at that time.  (4) At any time within the 14 days referred to in paragraph (3)(c), the Comptroller‑General of Customs may, by notice in writing, decide to cancel the registration of the special reporter generally in relation to low value cargo of all kinds or of a particular kind, as the Comptroller‑General of Customs considers appropriate, if, having regard to any statements made by the special reporter in response to the notice, the Comptroller‑General of Customs is satisfied that at least one of the grounds specified in the notice exists at the time of the decision.  (5) If the Comptroller‑General of Customs decides to cancel the registration within the 14 days, the registration is cancelled:  (a) if paragraph (b) does not apply—28 days after the decision of the Comptroller‑General of Customs; or  (b) if the special reporter applies to the Administrative Review Tribunal for a review of the decision of the Comptroller‑General of Customs—when:  (i) the Tribunal affirms the decision of the Comptroller‑General of Customs; or  (ii) the application for review is withdrawn by the special reporter or dismissed by the Tribunal.  (6) The Comptroller‑General of Customs must, by notice in writing, cancel a registration if the Comptroller‑General of Customs receives a written request by the special reporter that the registration be cancelled on or after a specified day indicated in the request letter.  (7) A notice under subsection (1), (4) or (6) may be served:  (a) by post at the address indicated by the special reporter in the application for registration or renewal or at an address subsequently indicated by the special reporter; or  (b) if the special reporter is a company—by post at the registered office of the company; or  (c) by giving it personally to the special reporter, if the special reporter is a natural person.  (8) Failure to send a notice to a special reporter under subsection (6) does not affect the cancellation of the registration. Subdivision E—Registering re‑mail reporters