(1) If a person’s property is damaged as a result of an exercise of a power under this Division, the person is entitled to compensation of a reasonable amount payable by the Commonwealth for the damage.
(2) The Commonwealth must pay the person such reasonable compensation as the Commonwealth and the person agree on. If they fail to agree, the person may institute proceedings in the Federal Court of Australia for such reasonable amount of compensation as the Court determines.
(3) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and the employees or agents of the occupier, if they were available at the time, had provided any warning or guidance that was appropriate in the circumstances.
122R Powers in this Division are additional to other powers
The powers of an authorised officer under this Division do not limit powers under other provisions of this Act or under provisions of other Acts.
Example: Some other provisions and Acts giving similar powers are Parts III and XII of this Act, and the Commerce (Trade Descriptions) Act 1905 and the Export Control Act 2020.
Division 4—Exportation procedures after Certificate of Clearance issued
123 Ship to bring to and aircraft to stop at boarding stations
(1) The master of every ship departing from any port shall bring his or her ship to at a boarding station appointed for the port and by all reasonable means facilitate boarding by the officer, and shall not depart with his or her ship from any port with any officer on board such ship in the discharge of his or her duty without the consent of such officer.
Penalty: 30 penalty units.
(2) The pilot of every aircraft departing from any airport shall bring his or her aircraft to a boarding station appointed for the port or airport, and by all reasonable means facilitate boarding by the officer, and shall not depart with his or her aircraft from any port or airport with any officer on board such aircraft without the consent of such officer.
Penalty: 30 penalty units.
(3) Subsections (1) and (2) are offences of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
124 Master or pilot to account for missing goods
(1) The master of every ship and the pilot of every aircraft after clearance shall:
(a) on demand by an officer produce the Certificate of Clearance;
(b) account to the satisfaction of the Collector for any goods specified or referred to in the Outward Manifest and not on board his or her ship or aircraft.
Penalty: 100 penalty units.
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
125 Goods exported to be landed at proper destination
(1) No goods shipped for export shall be unshipped or landed except in parts beyond the seas.
Penalty: 250 penalty units.
(2) Subsection (1) does not apply if the goods are unshipped or landed with the permission of the Collector.
(3) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
126 Certificate of landing
If required by the Comptroller‑General of Customs a certificate in the approved form and to be given by such person as may be prescribed shall be produced in proof of the due landing according to the export entry of any goods subject to customs control, and the Collector may refuse to allow any other goods subject to customs control to be exported by any person who fails within a reasonable time to produce such certificate of the landing of any such goods previously exported by him or her or to account for such goods to the satisfaction of the Collector.
Division 4A—Exportation of goods to Singapore
126AAA Definitions
In this Division:
Singaporean customs official means a person representing the customs administration of Singapore.
126AB Record keeping obligations
Regulations may prescribe record keeping obligations
(1) The regulations may prescribe record keeping obligations that apply in relation to goods that:
(a) are exported to Singapore; and
(b) are claimed to be Australian originating goods for the purpose of obtaining a preferential tariff in Singapore.
On whom obligations may be imposed
(2) Regulations for the purposes of subsection (1) may impose such obligations on a producer or exporter of goods.
126AC Power to require records
Requirement to produce records
(1) An authorised officer may require a person who is subject to record keeping obligations under regulations made for the purposes of section 126AB to produce to the officer such of those records as the officer requires.
Disclosing records to Singapore
(2) An authorised officer may, for the purpose of verifying a claim for a preferential tariff in Singapore, disclose any records so produced to a Singaporean customs official.
126AD Power to ask questions
Power to ask questions
(1) An authorised officer may require a person who is an exporter or producer of goods that:
(a) are exported to Singapore; and
(b) are claimed to be Australian originating goods for the purpose of obtaining a preferential tariff in Singapore;
to answer questions in order to verify the origin of the goods.
Disclosing answers to Singapore
(2) An authorised officer may, for the purpose of verifying a claim for a preferential tariff in Singapore, disclose any answers to such questions to a Singaporean customs official.
Division 4B—Exportation of textile or apparel goods to the US
126AE Authorised officer may request records or ask questions
(1) If goods that are a textile or apparel good are exported to the US, an authorised officer may request a person who:
(a) is the exporter or producer of the goods; or
(b) is involved in the transportation of the goods from Australia to the US;
to produce particular records, or to answer questions put by the officer, in relation to the export, production or transportation of the goods.
(2) The person is not obliged to comply with the request.
Disclosing records or answers to US
(3) An authorised officer may disclose any records so produced, or disclose any answers to such questions, to a US customs official for the purpose of a matter covered by Article 4.3 of the Agreement.
Definitions
(4) In this section:
Agreement means the Australia‑United States Free Trade Agreement done at Washington DC on 18 May 2004, as amended from time to time.
Note: In 2004 the text of the Agreement was accessible through the website of the Department of Foreign Affairs and Trade.
Harmonized System has the same meaning as in section 153YA.
textile or apparel good has the meaning given by Article 1.2 of Chapter 1 of the Agreement.
US means the United States of America.
US customs official means a person representing the customs administration of the US.
Division 4C—Exportation of goods to Thailand
126AF Definitions
In this Division:
producer has the same meaning as in Division 1D of Part VIII.
Thai customs official means a person representing the customs administration of Thailand.
126AG Record keeping obligations
Regulations may prescribe record keeping obligations
(1) The regulations may prescribe record keeping obligations that apply in relation to goods that:
(a) are exported to Thailand; and
(b) are claimed to be Australian originating goods for the purpose of obtaining a preferential tariff in Thailand.
On whom obligations may be imposed
(2) Regulations for the purposes of subsection (1) may impose such obligations on a producer or exporter of goods.
126AH Power to require records
Requirement to produce records
(1) An authorised officer may require a person who is subject to record keeping obligations under regulations made for the purposes of section 126AG to produce to the officer such of those records as the officer requires.
Note: Failing to produce a record when required to do so by an officer may be an offence: see section 243SB. However, a person does not have to produce a record if doing so would tend to incriminate the person: see section 243SC.
Disclosing records to Thai customs official
(2) An authorised officer may, for the purpose of verifying a claim for a preferential tariff in Thailand, disclose any records so produced to a Thai customs official.
126AI Power to ask questions
Power to ask questions
(1) An authorised officer may require a person who is an exporter or producer of goods that:
(a) are exported to Thailand; and
(b) are claimed to be Australian originating goods for the purpose of obtaining a preferential tariff in Thailand;
to answer questions in order to verify the origin of the goods.
Note: Failing to answer a question when required to do so by an officer may be an offence: see section 243SA. However, a person does not have to answer a question if doing so would tend to incriminate the person: see section 243SC.
Disclosing answers to Thai customs official
(2) An authorised officer may, for the purpose of verifying a claim for a preferential tariff in Thailand, disclose any answers to such questions to a Thai customs official.
Division 4D—Exportation of goods to New Zealand
126AJA Definitions
In this Division:
manufacture means the creation of an article essentially different from the matters or substances that go into that creation.
New Zealand customs official means a person representing the customs administration of New Zealand.
principal manufacturer of goods means the person in Australia who performs, or has had performed on the person’s behalf, the last process of manufacture of the goods, where that last process was not a restoration or renovation process such as repairing, reconditioning, overhauling or refurbishing.
producer means a person who grows, farms, raises, breeds, mines, harvests, fishes, traps, hunts, captures, gathers, collects, extracts, manufactures, processes, assembles, restores or renovates goods.
126AJB Record keeping obligations
Regulations may prescribe record keeping obligations
(1) The regulations may prescribe record keeping obligations that apply in relation to goods that:
(a) are exported to New Zealand; and
(b) are claimed to be Australian originating goods for the purpose of obtaining a preferential tariff in New Zealand.
On whom obligations may be imposed
(2) Regulations made for the purposes of subsection (1) may impose such obligations on the exporter, the principal manufacturer or a producer of the goods.
126AJC Power to require records
Requirement to produce records
(1) An authorised officer may require a person who is subject to record keeping obligations under regulations made for the purposes of section 126AJB to produce to the officer such of those records as the officer requires.
Note: Failing to produce a record when required to do so by an officer may be an offence: see section 243SB. However, a person does not have to produce a record if doing so would tend to incriminate the person: see section 243SC.
Disclosing records to New Zealand customs official
(2) An authorised officer may, for the purpose of verifying a claim for a preferential tariff in New Zealand, disclose any records so produced to a New Zealand customs official.
126AJD Power to ask questions
Power to ask questions
(1) An authorised officer may require a person who is the exporter, the principal manufacturer or a producer of goods that:
(a) are exported to New Zealand; and
(b) are claimed to be Australian originating goods for the purpose of obtaining a preferential tariff in New Zealand;
to answer questions in order to verify the origin of the goods.
Note: Failing to answer a question when required to do so by an officer may be an offence: see section 243SA. However, a person does not have to answer a question if doing so would tend to incriminate the person: see section 243SC.
Disclosing answers to New Zealand customs official
(2) An authorised officer may, for the purpose of verifying a claim for a preferential tariff in New Zealand, disclose any answers to such questions to a New Zealand customs official.
Division 4EAA—Exportation of goods to Parties to the Agreement Establishing the ASEAN‑Australia‑New Zealand Free Trade Area
126AKDA Definitions
In this Division:
AANZ customs official, for a Party, means a person representing the customs authority of that Party.
Agreement means the Agreement Establishing the ASEAN‑Australia‑New Zealand Free Trade Area, done at Thailand on 27 February 2009, as amended and in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 2010 No. 1 ([2010] ATS 1) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
approved exporter database means the approved exporter database referred to in paragraph 3 of Rule 15 of Annex 3A to Chapter 3 of the Agreement.
customs authority has the meaning given by Article 3 of Chapter 4 of the Agreement.
Declaration of Origin means a Declaration of Origin referred to in paragraph 1 of Rule 1 of Annex 3A to Chapter 3 of the Agreement.
Party means a Party (within the meaning of the Agreement) for which the Agreement has entered into force.
producer means a person who engages in the production of goods.
production has the meaning given by Article 1 of Chapter 3 of the Agreement.
126AKDB Record keeping obligations
Regulations may prescribe record keeping obligations
(1) The regulations may prescribe record keeping obligations that apply in relation to goods that are:
(a) exported to a Party; and
(b) claimed to be originating goods, in accordance with Chapter 3 of the Agreement, for the purpose of obtaining a preferential tariff in the Party.
On whom obligations may be imposed
(2) Regulations for the purposes of subsection (1) may impose such obligations on an exporter or producer of goods.
126AKDC Power to require records
Requirement to produce records
(1) An authorised officer may require a person who is subject to record keeping obligations under regulations made for the purposes of section 126AKDB to produce to the officer such of those records as the officer requires.
Note: Failing to produce a record when required to do so by an officer may be an offence: see section 243SB. However, a person does not have to produce a record if doing so would tend to incriminate the person: see section 243SC.
Disclosing records to AANZ customs official
(2) An authorised officer may, for the purpose of verifying a claim for a preferential tariff in a Party, disclose any records so produced to an AANZ customs official for that Party.
126AKDD Power to ask questions
Power to ask questions
(1) An authorised officer may require a person who is an exporter or producer of goods that are:
(a) exported to a Party; and
(b) claimed to be originating goods, in accordance with Chapter 3 of the Agreement, for the purpose of obtaining a preferential tariff in the Party;
to answer questions in order to verify the origin of the goods.
Note: Failing to answer a question when required to do so by an officer may be an offence: see section 243SA. However, a person does not have to answer a question if doing so would tend to incriminate the person: see section 243SC.
Disclosing answers to AANZ customs official
(2) An authorised officer may, for the purpose of verifying a claim for a preferential tariff in a Party, disclose any answers to such questions to an AANZ customs official for that Party.
126AKDE Approved exporters and Declarations of Origin
(1) If:
(a) goods are exported to a Party; and
(b) the goods are claimed to be originating goods, in accordance with Chapter 3 of the Agreement, for the purpose of obtaining a preferential tariff in the Party; and
(c) the Party has not implemented paragraph 1(c) of Rule 1 of Annex 3A to Chapter 3 of the Agreement;
the exporter of the goods must not complete a Declaration of Origin for the goods unless the exporter is, under the regulations, an approved exporter.
(2) The regulations may make provision for and in relation to the approval of entities as approved exporters.
(3) Without limiting subsection (2), the regulations may make provision for and in relation to the following:
(a) the making of applications to the Comptroller‑General of Customs by entities for approval as approved exporters and the withdrawal of those applications;
(b) the eligibility criteria that an entity must meet in order for the Comptroller‑General to approve the entity as an approved exporter;
(c) the matters that the Comptroller‑General must consider in deciding whether to approve an entity as an approved exporter;
(d) the making of decisions by the Comptroller‑General in relation to the applications;
(e) the conditions that an approval of an entity as an approved exporter is subject to;
(f) the variation, suspension or termination of an approval of an entity as an approved exporter;
(g) the giving of notice of decisions made by the Comptroller‑General;
(h) the review of decisions made by the Comptroller‑General.
126AKDF ASEAN Register of Approved Exporters
(1) The Comptroller‑General of Customs may maintain a register, to be known as the ASEAN Register of Approved Exporters, containing information (including personal information within the meaning of the Privacy Act 1988) that relates to the following:
(a) each entity approved as an approved exporter under regulations made for the purposes of section 126AKDE;
(b) the conditions that an approval of an entity as an approved exporter is subject to;
(c) the variation, suspension or termination of an approval of an entity as an approved exporter.
(2) The Comptroller‑General must make any register publicly available.
(3) The register is not a legislative instrument.
126AKDG Inclusion of information in approved exporter database