(10) An operator of a ship or aircraft who contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.
(11) An offence against subsection (10) is an offence of strict liability.
64AAA Report of stores and prohibited goods
(1) This section applies to a ship or aircraft in respect of a voyage or flight to Australia from a place outside Australia.
(2) When the ship or aircraft has arrived at a port or airport in Australia (whether the first port or airport or any subsequent port or airport on the same voyage or flight), the operator must report to the Department, in accordance with this section, particulars of the ship’s stores or aircraft’s stores and of any prohibited goods contained in those stores at the time of arrival.
(3) Subject to subsection (3A), the report must be made:
(a) in the case of a ship—before:
(i) the end of 24 hours (disregarding any period that occurs on a Saturday, Sunday or holiday) after the ship’s arrival; or
(ii) the issue of a Certificate of Clearance in respect of the ship and the port;
whichever first happens; or
(b) in the case of an aircraft—before:
(i) the end of 3 hours after the aircraft’s arrival; or
(ii) the issue of a Certificate of Clearance in respect of the aircraft and the airport;
whichever first happens.
(3A) The Comptroller‑General of Customs may, by legislative instrument, determine that reports for specified ships, or specified aircraft, in specified circumstances must be made before a specified time or before the occurrence of a specified event. Such reports must be made in accordance with the instrument.
(4) A report mentioned in subsection (3) or (3A) may be made by document or electronically.
(5) A documentary report must:
(a) be in writing; and
(b) be in an approved form; and
(c) be communicated to the Department by sending or giving it to an officer doing duty in relation to the reporting of ships or aircraft at the port or airport of arrival; and
(d) contain such information as is required by the form; and
(e) be signed in a manner specified in the form.
(6) An electronic report must communicate such information as is set out in an approved statement.
(7) The Comptroller‑General of Customs may approve different forms for documentary reports, and different statements for electronic reports, to be made under subsections (5) and (6) in different circumstances, by different kinds of operators of ships or aircraft or in respect of different kinds of ships or aircraft.
(8) An operator of a ship or aircraft who intentionally contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.
(11) In this section:
aircraft’s stores and ship’s stores have the meanings given by section 130C.
64AAB Notifying Department of particulars of cargo reporters
(1) This section applies to a ship or aircraft in respect of a voyage or flight to Australia from a place outside Australia.
(2) A cargo reporter who has entered into an agreement or arrangement with another cargo reporter under which cargo for whose carriage the other cargo reporter is responsible is to be carried on the ship or aircraft during the voyage or flight must report to the Department, in accordance with this section, particulars of the other cargo reporter.
(3) A report must be made electronically and must communicate such information as is set out in an approved statement.
(4) A report must be made before the latest time by which a cargo report may be made.
(5) The Comptroller‑General of Customs may approve different statements for reports to be made under this section in different circumstances or by different kinds of cargo reporters.
(6) A cargo reporter who intentionally contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.
(7) A cargo reporter who contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.
(8) An offence against subsection (7) is an offence of strict liability.
(9) A cargo reporter who is required to make a report under this section is not liable to be prosecuted for, and cannot be served with an infringement notice under Division 5 of Part XIII for, an offence against this section if:
(a) the cargo reporter made a report, but contravened subsection (4) of this section; and
(b) the time (the actual time of arrival) at which the ship or aircraft in question arrived at the first port or airport in Australia since it last departed from a port or airport outside Australia was later than the estimated time of arrival referred to in subsection 64AB(8); and
(c) the cargo reporter would not have contravened subsection (4) of this section if the estimated time of arrival of the ship or aircraft had been its actual time of arrival.
64AAC Report to Department of persons engaged to unload cargo
(1) This section applies to a ship or aircraft in respect of a voyage or flight to Australia from a place outside Australia.
(2) The operator must report to the Department, in accordance with this section, particulars of:
(a) in the case of a ship—the stevedore with whom the operator has entered into a contract for the unloading of the cargo from the ship at a place in Australia; or
(b) in the case of an aircraft—the depot operator who will first receive the cargo after it has been unloaded from the aircraft at a place in Australia.
(3) A report must be made electronically and must communicate such information as is set out in an approved statement.
(4) A report must be made during the period within which a report under section 64 of the impending arrival of the ship or aircraft is required to be made.
(5) The Comptroller‑General of Customs may approve different statements for electronic reports to be made under this section in different circumstances, by different kinds of operators of ships or aircraft or in respect of different kinds of ships or aircraft.
(6) An operator of a ship or aircraft who contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.
(7) An offence against subsection (6) is an offence of strict liability.
64AB Cargo reports
(1) This section applies to a ship or aircraft in respect of a voyage or flight to Australia from a place outside Australia.
(2) If the ship or aircraft is due to arrive at its first port or airport in Australia since it last departed from a port or airport outside Australia, each cargo reporter must report to the Department, in accordance with this section, particulars of all goods:
(a) that the cargo reporter has arranged to be carried on the ship or aircraft on the voyage or flight; and
(b) that are intended to be unloaded from the ship or aircraft at a port or airport in Australia (whether the first port or airport or any subsequent port or airport on the same voyage or flight); and
(c) that are not:
(i) accompanied personal or household effects of a passenger or member of the crew; or
(ii) ship’s stores or aircraft’s stores.
(2A) If the ship or aircraft is due to arrive at its first port, or airport, in Australia since it last called at a port, or departed from an airport, outside Australia, each cargo reporter must report to the Department, in accordance with this section, particulars of all goods that the cargo reporter has arranged to be carried on the ship or aircraft and that are intended to be kept on board the ship or aircraft for shipment on to a place outside Australia, other than:
(a) goods that are accompanied personal or household effects of a passenger or member of the crew; or
(b) ship’s stores or aircraft’s stores.
(4) A cargo report must be an electronic report.
(4B) An electronic cargo report must communicate such information as is set out in an approved statement.
(5) If the information required by an approved statement to be communicated electronically refers to particulars of the consignor or consignee of goods:
(a) in the case of a report under subsection (2)—the reference in the statement to the consignor of goods is a reference to a supplier of goods who is located outside Australia and:
(i) initiates the sending of goods to a person in Australia; or
(ii) complies with a request from a person in Australia to send goods to the person; and
(aa) in the case of a report under subsection (2A)—the reference in the statement to the consignor of goods is a reference to a supplier of goods who is located outside Australia and:
(i) initiates the sending of goods to a person in a place outside Australia; or
(ii) complies with a request from a person in a place outside Australia to send goods to the person; and
(b) in any case—the reference in the statement to the consignee of goods is a reference to the person who is the ultimate recipient of goods that have been sent from outside Australia, whether or not the person ordered or paid for the goods.
(6) The Comptroller‑General of Customs may approve different statements for the cargo reports to be made in different circumstances or by different kinds of cargo reporters.
(7) The statement approved for a report by a special reporter in relation to low value cargo of a particular kind must not require the special reporter to include information relating to cargo of that kind at a level of specificity below the level of a submaster air waybill or an ocean bill of lading, as the case requires.
(7A) The statement approved for a report by a re‑mail reporter in relation to re‑mail items must not require the reporter to include information relating to re‑mail items at a level of specificity below the level of a submaster air waybill or an ocean bill of lading, as the case requires.
Note: This means that a re‑mail reporter using the approved statement does not have to give information about individual re‑mail items.
(7B) However, a re‑mail reporter must not use that approved statement for a re‑mail item for which the reporter has information below that level of specificity.
Note: A re‑mail reporter who does not use the approved statement for re‑mail items must provide information about individual re‑mail items in a cargo report.
(8) A cargo report is to be made not later than:
(a) if the cargo is carried on a ship:
(i) the start of the prescribed period; or
(ii) if the journey from the last port is of a kind described in regulations made for the purposes of this subparagraph—the start of the shorter period that is specified in those regulations;
before the estimated time of arrival of the ship at the first port in Australia since it last departed from a port outside Australia; or
(b) if the cargo is carried on an aircraft:
(i) 2 hours or such other period as is prescribed by the regulations; or
(ii) if the flight from the last airport is of a kind described in regulations made for the purposes of this subparagraph—such shorter period as is specified in those regulations;
before the estimated time of arrival specified in the report under section 64 of the impending arrival of the aircraft at the first airport in Australia since it last departed from an airport outside Australia.
(8A) Regulations made for the purposes of paragraph (8)(a) may prescribe matters of a transitional nature (including prescribing any saving or application provisions) arising out of the making of regulations for those purposes.
(9) A cargo reporter who intentionally contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.
(10) A cargo reporter who contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.
(11) An offence against subsection (10) is an offence of strict liability.
(14A) A cargo reporter who is required to make a cargo report in respect of particular goods is not liable to be prosecuted for, and cannot be given an infringement notice for, an offence against this section if:
(a) the cargo reporter made a cargo report, but contravened subsection (8) because the report was not made before the start of a certain period; and
(b) the time (the actual time of arrival) at which the ship or aircraft in question arrived at the first port or airport in Australia since it last departed from a port or airport outside Australia was later than the estimated time of arrival referred to in subsection (8); and
(c) the cargo reporter would not have contravened subsection (8) if the estimated time of arrival of the ship or aircraft had been its actual time of arrival.
(15) Nothing in this section affects the operation of Subdivision C.
(16) In this section:
aircraft’s stores and ship’s stores have the meanings given by section 130C.
64ABAA Outturn reports
(1) When cargo is unloaded from an aircraft at an airport, the depot operator whose particulars have been communicated to the Department by the operator of the aircraft under section 64AAC must communicate electronically to the Department an outturn report in respect of the cargo.
(2) When a container is unloaded from a ship at a port, the stevedore whose particulars have been communicated to the Department by the operator of the ship under section 64AAC must communicate electronically to the Department an outturn report in respect of the container.
(3) When cargo that is not in a container is unloaded from a ship, the stevedore whose particulars have been communicated to the Department by the operator of the ship under section 64AAC must communicate electronically to the Department an outturn report in respect of the cargo.
(4) When cargo unloaded from an aircraft or ship has been moved, under a permission given under section 71E, to a Customs place other than a warehouse, the person in charge of the Customs place must communicate electronically to the Department an outturn report in respect of the cargo.
(5) An outturn report must:
(a) if it is made under subsection (1), (3) or (4):
(i) specify any goods included in the cargo report that have not been unloaded or, if there are no such goods, contain a statement to that effect; and
(ii) specify any goods not included in the cargo report that have been unloaded or, if there are no such goods, contain a statement to that effect; and
(b) if it is made under subsection (2)—set out a list of the containers that have been unloaded; and
(c) in any case:
(i) be in accordance with an approved statement; and
(ii) state any times required by section 64ABAB; and
(iii) be made within the period or at the time required by that section.
(6) The Comptroller‑General of Customs may approve different statements for the outturn reports to be made by stevedores, depot operators, or persons in charge of Customs places.
(7) An officer may disclose a cargo report to a stevedore, a depot operator or a person in charge of a Customs place (other than a warehouse) for the purpose of enabling the stevedore, operator or person to communicate to the Department an outturn report in respect of the cargo.
(8) A person who intentionally contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.
(9) A person who contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.
(10) An offence against subsection (9) is an offence of strict liability.
(11) In this section:
Customs place has the meaning given by subsection 183UA(1).
64ABAB When outturn report is to be communicated to Department
(1) In the case of cargo unloaded from an aircraft at an airport and received into a depot, the depot operator must communicate the outturn report to the Department within 24 hours, or such other period as is prescribed by the regulations, after the time of arrival of the aircraft as stated in the report under section 64AA.
(2) Subsections (2A), (2B), (2C), (2D) and (2E) of this section apply to outturn reports a stevedore must communicate under subsection 64ABAA(2) because of the unloading of one or more containers from a ship at a port.
(2A) The stevedore must communicate a report at the end of each period:
(a) that starts at a time described in subsection (2B); and
(b) that is 3 hours long; and
(c) during which a container is unloaded.
(2B) A period starts:
(a) at the time the first container is unloaded; or
(b) immediately after the end of the most recent period covered by subsection (2A); or
(c) at the first time a container is unloaded after the end of the most recent period covered by subsection (2A), if a container has not been unloaded in the 3 hours starting at the end of the most recent period covered by that subsection.
(2C) The first report must state the time the first container is unloaded.
(2D) The last report must state the time when the unloading of the containers was completed.
(2E) If the stevedore communicates a report that:
(a) covers the unloading of a container that, because of a decision not to unload any more containers that was made after the communication, completes the unloading of the containers; and
(b) does not state the time when the unloading of the containers was completed;
the stevedore must communicate another report that states that the unloading of the containers has been completed. The stevedore must do so within 3 hours of the decision being made.
(2F) If the regulations prescribe a period other than 3 hours, subsections (2A), (2B) and (2E) have effect as if they referred to the period prescribed instead of 3 hours.