(c) comply with such requirements (if any) as are prescribed by the regulations.
(5) If a Certificate of Clearance has not been given to the master of a ship or the pilot of an aircraft within 24 hours after an application is made by the master or pilot under subsection (2), the master or pilot may apply to the Comptroller‑General of Customs for a Certificate of Clearance. The decision of the Comptroller‑General of Customs on the application is final.
Note 1: See subsection (8) for application requirements.
Note 2: Section 118A sets out the requirements for granting a Certificate of Clearance in respect of certain ships or aircraft.
(6) If, after an application to the Comptroller‑General of Customs for a Certificate of Clearance is made under subsection (5), the Comptroller‑General of Customs does not grant, or delays granting, the Certificate of Clearance, the owner of the ship or aircraft is entitled, in a court of competent jurisdiction, to recover damages against the Commonwealth in respect of the failure to grant, or the delay in granting, the Certificate, if the court is satisfied that the failure or delay was without reasonable and probable cause.
(7) Except as provided in subsection (6), an action or other proceeding cannot be brought against the Commonwealth, or an officer of the Commonwealth, because of the failure to grant, or because of a delay in granting, a Certificate of Clearance.
(8) An application under subsection (2) or (5) must:
(a) be in writing; and
(b) be in an approved form; and
(c) contain such information as the form requires; and
(d) be signed in the manner indicated in the form.
(9) The Comptroller‑General of Customs may approve different forms for applications to be made under subsection (2) or (5) in different circumstances, by different kinds of masters of ships or pilots of aircraft or in respect of different kinds of ships or aircraft.
118A Requirements for granting a Certificate of Clearance in respect of certain ships or aircraft
(1) This section applies to a ship or aircraft of a kind specified in the regulations.
(2) Before a Certificate of Clearance in respect of the ship or aircraft is granted under section 118, the master or owner of the ship or the pilot or owner of the aircraft must communicate to the Department, in accordance with this section, an outward manifest:
(a) specifying all of the goods (other than goods prescribed for the purposes of section 120) that are on board, or are to be loaded on board, the ship or aircraft at the port, airport or other place in Australia; or
(b) if there are no goods of the kind to which paragraph (a) applies—making a statement to that effect.
(3) An outward manifest may be made by document or electronically.
(4) A documentary outward manifest 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 respect of the clearance of ships or aircraft; and
(d) contain such information as is required by the form; and
(e) be signed in a manner specified in the form.
(5) An electronic outward manifest must communicate such information as is set out in an approved statement.
119 Communication of outward manifest to Department
(1) If:
(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
(b) be in an approved form; and
(c) contain such information as is required by the form; and
(d) be signed in a manner specified in the form.
(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.
(2) An application under subsection (1) may be made by document or electronically.
(3) 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
(b) be in an approved form; and
(c) contain such information as is required by the form; and
(d) be signed in a manner specified in the form.
(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.
119A Withdrawal of entries, submanifests and manifests
(1) At any time after an export entry, a submanifest or an outward manifest is communicated to the Department and before the goods to which it relates are exported, a withdrawal of the entry, submanifest or manifest may be communicated to the Department:
(a) in the case of a withdrawal of an entry that was communicated to the Department by document—by document; or
(b) in any other case—electronically.
(2) A documentary withdrawal of an entry must:
(a) be communicated by the person by whom, or on whose behalf, the entry was communicated; and
(b) be communicated to the Department by giving it to an officer doing duty in relation to export entries; and
(c) be in an approved form; and
(d) contain such information as is required by the form; and
(e) be signed in a manner specified in the form.
(3) An electronic withdrawal of an entry, submanifest or manifest must communicate such information as is set out in an approved statement.
(4) A withdrawal of an entry, submanifest or manifest has effect when, in accordance with section 119D, it is communicated to the Department.
119B Effect of withdrawal
(1) When a withdrawal of an export entry takes effect, any authority to deal with the goods to which the entry relates is revoked.
(2) Despite the withdrawal of an entry, submanifest or manifest:
(a) a person may be prosecuted in respect of the entry, submanifest or manifest; and
(b) a penalty may be imposed on a person who is convicted of an offence in respect of the entry, submanifest or manifest;
as if it had not been withdrawn.
(2A) Despite the withdrawal of an entry, submanifest or manifest, an infringement notice may be given to a person in respect of the entry, submanifest or manifest as if it had not been withdrawn.
(3) The withdrawal of a documentary entry the original of which was sent or given to an officer does not entitle the person who communicated it to have it returned.
119C Change of electronic entries and change of submanifests and manifests treated as withdrawals
(1) If a person who has communicated an electronic export entry changes information included in that entry, the person is taken, at the time when an export entry advice is communicated in respect of the altered entry, to have withdrawn the entry as it previously stood.
(2) If a person who has communicated a submanifest or an outward manifest changes information included in the submanifest or manifest, the person is taken, at the time when an acknowledgment of the altered submanifest or altered manifest, as the case requires, is communicated, to have withdrawn the submanifest or manifest as it previously stood.
119D Notification of export entries, submanifests, manifests, withdrawals and applications
(1) For the purposes of this Act, a documentary export entry, or a documentary withdrawal of such an entry, may be sent to an officer referred to in subsection 114(3) or 119A(2) in any manner prescribed and, when so sent, is taken to have been communicated to the Department at such time, and in such circumstances, as are prescribed.
(2) For the purposes of this Act, an electronic export entry, or an electronic withdrawal of such an entry, or a submanifest, an outward manifest, or a withdrawal of such a submanifest or manifest, that is sent to the Department is taken to have been communicated to the Department when an export entry advice or an acknowledgment of receipt of the submanifest, manifest or withdrawal is sent to the person who sent the entry, submanifest, manifest or withdrawal.
(3) For the purposes of this Act, a documentary application or an electronic application under section 119AA or 119AB is taken to have been communicated to the Department when an acknowledgment of the application is sent or given by a Collector to the person who sent or gave the application.
119E Requirements for communicating to Department electronically
A communication that is required or permitted by this Division to be made to the Department electronically must:
(a) be signed by the person who makes it (see paragraph 126DA(1)(c)); and
(b) otherwise meet the information technology requirements determined under section 126DA.
120 Shipment of goods
The master of a ship or the pilot of an aircraft shall not suffer to be taken on board his or her ship or aircraft any goods other than:
(a) goods which are specified or referred to in the Outward Manifest; and
(b) goods prescribed for the purpose of this section.
Penalty: 100 penalty units.
122 Time of clearance
Except as prescribed, no Certificate of Clearance shall be granted for any ship or aircraft unless all her inward cargo and stores shall have been duly accounted for to the satisfaction of the Collector nor unless all the other requirements of the law in regard to such ship or aircraft and her inward cargo have been duly complied with.
Division 3A—Examining goods for export that are not yet subject to customs control
122F Object of Division
(1) The object of this Division is to confer powers on authorised officers to enter premises and examine goods that are reasonably believed to be intended for export.
(2) The powers are exercisable before the goods become subject to customs control and are conferred for the purpose of enabling officers to assess whether the goods meet the requirements of a Customs‑related law relating to exports.
(3) The powers are exercisable only with the consent of the occupier of the premises at which the goods are situated.
(4) The Comptroller‑General of Customs must not authorise an officer to exercise powers under this Division unless the Comptroller‑General of Customs is satisfied that the officer is suitably qualified, because of the officer’s abilities and experience, to exercise those powers.
122G Occupier of premises
In this Part:
occupier of premises includes a person who is apparently in charge of the premises.
122H Consent required to enter premises and examine goods for export
(1) Subject to section 122J, an authorised officer may enter premises, and exercise the powers conferred by the other sections of this Division in or on the premises, in accordance with this section.
(2) The authorised officer must believe on reasonable grounds that there are, or have been, in or on particular premises goods (the export goods) that the authorised officer reasonably believes are intended to be exported.
(3) The premises must not be a place prescribed for the purposes of paragraph 30(1)(d) or (e), or part of such a place.
Note 1: Paragraph 30(1)(d) subjects to customs control goods that are made or prepared in, or brought to, a prescribed place for export.
Note 2: Paragraph 30(1)(e) subjects to customs control goods made or prepared in, or brought into, a prescribed place for export that are no longer for export.
(4) The occupier of the premises must have consented in writing to the entry of the authorised officer to the premises and the exercise of the powers in or on the premises.
(5) Before obtaining the consent, the authorised officer must have told the occupier that he or she could refuse consent.
(6) Before the authorised officer enters the premises or exercises any of the powers, he or she must produce his or her identity card to the occupier.
122J Officer must leave premises if consent withdrawn
(1) An authorised officer who has entered premises under section 122H must leave the premises if the occupier withdraws his or her consent.
(2) A withdrawal of a consent does not have any effect unless it is in writing.
122K Power to search premises for export goods
The authorised officer may search the premises for the export goods and documents relating to them.
122L Power to examine export goods
(1) While the authorised officer is in or on the premises, he or she may inspect, examine, count, measure, weigh, gauge, test or analyse, and take samples of, the export goods.
(2) The authorised officer may remove from the premises any samples taken, and arrange for tests or analyses to be conducted on them elsewhere.
122M Power to examine documents relating to export goods
The authorised officer may examine and take extracts from, or make copies of, documents that are in or on the premises and relate to the export goods.
122N Power to question occupier about export goods
If the authorised officer is in or on the premises because the occupier consented to the officer’s entry, the officer may request the occupier:
(a) to answer questions about the export goods; and
(b) to produce to the officer documents that are in or on the premises and relate to the export goods;
but the occupier is not obliged to comply with the request.
122P Power to bring equipment to the premises
The authorised officer may bring into or onto the premises equipment and materials for exercising a power described in section 122K, 122L or 122M.