(2A) Subsection (2) applies to a coastal ship that is an Australian ship if the ship is anywhere outside the territorial sea of a foreign country.
(3) The owner or pilot of a coastal aircraft must not allow any goods to be transferred between the coastal aircraft and:
(a) an aircraft that is engaged in making an international flight or a prescribed flight; or
(b) a ship that is engaged in making an international voyage or a prescribed voyage.
Penalty: 250 penalty units.
(3AA) Subsection (3) applies to a ship that is an Australian ship if the ship is anywhere outside the territorial sea of a foreign country.
(3A) A person who is:
(a) the owner or master of an Australian ship that is currently engaged in making an international voyage or a prescribed voyage; or
(b) the owner or pilot of an Australian aircraft that is currently engaged in making an international flight or prescribed flight;
must not allow any goods to be transferred between that ship or aircraft and:
(c) a coastal ship; or
(d) a coastal aircraft.
Penalty: 250 penalty units.
(3AAA) Subsection (3A) applies to an Australian ship described in paragraph (3A)(a) if the ship is anywhere outside the territorial sea of a foreign country.
(3B) A person who is:
(a) the owner or master of a ship (other than an Australian ship) that is currently engaged in making an international voyage or a prescribed voyage; or
(b) the owner or pilot of an aircraft (other than an Australian aircraft) that is currently engaged in making an international flight or a prescribed flight;
must not allow any goods to be transferred between that ship or aircraft and a coastal ship or coastal aircraft if the transfer takes place in, or in the airspace above (as the case may be), the waters of the sea within:
(c) the outer limits of the territorial sea of Australia, including such waters within the limits of a State or an internal Territory; or
(d) 500 metres of:
(i) an Australian resources installation; or
(ii) an Australian sea installation; or
(iii) an Australian offshore electricity installation.
Penalty: 250 penalty units.
(3BA) For the purposes of subsections (2), (3), (3A) and (3B), strict liability applies to such of the following physical elements of circumstance as are relevant to the offence:
(a) that an aircraft is engaged in making an international flight or a prescribed flight; or
(b) that a ship is engaged in making an international voyage or a prescribed voyage.
(3C) Subsection (2), (3), (3A) or (3B) does not apply if a Collector has given permission (for the transfer of the goods) to:
(a) in the case of subsection (2)—the owner or master of the coastal ship referred to in that subsection; and
(b) in the case of subsection (3)—the owner or pilot of the coastal aircraft referred to in that subsection; and
(c) in the case of subsection (3A) or (3B)—the owner or master of the coastal ship referred to in that subsection or the owner or pilot of the coastal aircraft referred to in that subsection (as the case requires).
(3D) A permission under subsection (3C) may only be given on application under subsection (3E).
(3E) The owner or master of a coastal ship, or the owner or pilot of a coastal aircraft, may apply for a permission under subsection (3C).
(3F) An application under subsection (3E) 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.
(3G) The Comptroller‑General of Customs may approve different forms for applications to be made under subsection (3E) in different circumstances, by different kinds of owners or masters of coastal ships or owners or pilots of coastal aircraft or in respect of different kinds of coastal ships or coastal aircraft.
(4) A Collector may, when giving permission under subsection (3C) or at any time while the permission is in force, impose conditions in respect of the permission, being conditions that, in the opinion of the Collector, are necessary for the protection of the revenue or for the purpose of ensuring compliance with the Customs Acts, and may, at any time, revoke, suspend, or vary, or cancel a suspension of, a condition so imposed.
(5) A condition imposed in respect of a permission or a revocation, suspension, or variation, or a cancellation of a suspension, of such a condition takes effect when a notice, in writing, of the condition or of the revocation, suspension or variation, or of the cancellation of the suspension, is served on the person to whom the permission has been given or at such later time (if any) as is specified in the notice.
(6) The Collector may revoke a permission given under this section in relation to goods at any time before the goods are transferred.
(7) If, in relation to the transfer of any goods, a person required to comply with a condition imposed in respect of a permission fails to comply with the condition, he or she commits an offence against this Act punishable upon conviction by a penalty not exceeding 100 penalty units.
(8) Subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(9) Subsection (2), (3), (3A) or (3B) does not apply to allowing a transfer of goods for the purpose of securing the safety of a ship or an aircraft or saving life.
Part XA—Australian Trusted Trader Programme
Division 1—Preliminary
176 Establishment of the Australian Trusted Trader Programme
(1) The Comptroller‑General of Customs may, in accordance with this Part, establish a programme to provide trade facilitation benefits to entities.
(2) The programme is to be known as the Australian Trusted Trader Programme.
Division 2—Trusted trader agreement
Subdivision A—Entry into trusted trader agreement
176A Trusted trader agreement may be entered into
(1) The Comptroller‑General of Customs may enter into an agreement (a trusted trader agreement) with an entity if:
(a) the entity nominates itself to participate in the Australian Trusted Trader Programme; and
(b) the Comptroller‑General of Customs is satisfied that the entity satisfies the qualification criteria set out in the rules.
(2) In deciding whether to enter into a trusted trader agreement, the Comptroller‑General of Customs must consider:
(a) any matter set out in the rules; and
(b) any other matter that he or she considers relevant.
(3) If the Comptroller‑General of Customs enters into a trusted trader agreement with an entity, the Comptroller‑General of Customs may do either or both of the following:
(a) specify in the agreement one or more of the obligations covered by subparagraph 179(1)(d)(i);
(b) specify in the agreement:
(i) one or more of the obligations covered by subparagraph 179(1)(d)(ii); and
(ii) for each such obligation—the way in which the entity may satisfy the obligation.
Note 1: The effect of specifying an obligation under paragraph (3)(a) is that the entity will be released from the obligation under Part IV or VI: see sections 49C and 107.
Note 2: The effect of specifying an obligation under paragraph (3)(b) is that the entity will be able to satisfy the obligation under Part IV or VI in the way specified in the agreement: see sections 49C and 107.
Note 3: Parts IV and VI are about the importation and exportation of goods.
(4) The entity may receive benefits of a kind that are covered by paragraph 179(1)(e) and are specified in the agreement.
176B Nomination process
(1) A nomination to participate in the Australian Trusted Trader Programme may be made by an entity by document or electronically.
(2) A documentary nomination must:
(a) be communicated to the Comptroller‑General of Customs; and
(b) be in an approved form; and
(c) contain the information required by the approved form; and
(d) be signed in a manner indicated by the approved form.
(3) An electronic nomination must communicate such information as is set out in an approved statement.
Subdivision C—General provisions relating to trusted trader agreements
178 Terms and conditions of trusted trader agreements
A trusted trader agreement may be subject to:
(a) conditions prescribed by the rules; and
(b) terms and conditions specified in the agreement.
178A Variation, suspension or termination of trusted trader agreements
(1) The Comptroller‑General of Customs may vary, suspend or terminate a trusted trader agreement if the Comptroller‑General of Customs reasonably believes that the entity to which the agreement relates has not complied, or is not complying, with:
(a) any condition prescribed by the rules; or
(b) any term or condition specified in the agreement.
(2) In deciding whether to vary, suspend or terminate a trusted trader agreement, the Comptroller‑General of Customs must consider:
(a) any matter set out in the rules; and
(b) any other matter that he or she considers relevant.
(3) If subsection (1) applies, the trusted trader agreement must be varied, suspended or terminated in accordance with the procedure prescribed by the rules.
Division 3—Register of Trusted Trader Agreements
178B Register of Trusted Trader Agreements
(1) The Comptroller‑General of Customs may maintain a register, to be known as the Register of Trusted Trader Agreements, containing information of a kind prescribed by the rules in relation to each trusted trader agreement entered into under this Part.
(2) The Register of Trusted Trader Agreements is to be made publicly available.
(3) The Register of Trusted Trader Agreements is not a legislative instrument.
Division 4—Rules
179 Rules
(1) The Comptroller‑General of Customs may, by legislative instrument, prescribe rules for and in relation to the following:
(a) the qualification criteria that an entity must satisfy in order for a trusted trader agreement to be entered into with the entity under section 176A;
(b) the matters that the Comptroller‑General of Customs must consider when deciding whether to enter into a trusted trader agreement under section 176A;
(c) the conditions on which an entity participates in the Australian Trusted Trader Programme;
(d) the kind of obligation:
(i) that an entity may be released from under Part IV (other than Division 1) or Part VI (other than Division 1); or
(ii) that an entity may be required to satisfy under Part IV (other than Division 1) or Part VI (other than Division 1) in a way other than required by the relevant Part;
(e) the kind of benefits that an entity may receive under a trusted trader agreement;
(f) any criteria to be satisfied for an entity to receive benefits of a kind mentioned in paragraph (e);
(g) any other conditions to which a trusted trader agreement may be subject;
(h) the procedures that the Comptroller‑General of Customs must follow when varying, suspending or terminating a trusted trader agreement under section 178A;
(i) the matters that the Comptroller‑General of Customs must consider when deciding whether to vary, suspend or terminate a trusted trader agreement under section 178A;
(j) the kinds of information that may be published on the Register of Trusted Trader Agreements, including:
(i) that an entity has entered into a trusted trader agreement; and
(iii) the kinds of benefits that the entity is receiving, or will receive, under the agreement; and
(iv) whether the agreement is in force; and
(v) whether the agreement is or has been suspended; and
(vi) whether the agreement has been terminated.
(2) For the purpose of paragraph (1)(d):
(a) a rule prescribed for the purposes of subparagraph (1)(d)(i) must specify that the obligation is one from which an entity may be released; and
(b) a rule prescribed for the purposes of subparagraph (1)(d)(ii) must specify that the obligation is one that may be satisfied by an entity in a way other than required by Part IV (other than Division 1) or Part VI (other than Division 1).
(3) The Comptroller‑General of Customs may, by legislative instrument, also make rules prescribing matters:
(a) required or permitted by this Part to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.
(4) To avoid doubt, rules made under this section may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
Part XB—Controlled trials
Division 1—Preliminary
179A Simplified outline of this Part
The Comptroller‑General of Customs may establish controlled trials. A controlled trial is for a period of up to 12 months, with a possible one‑off extension of up to 6 months.
Entities may apply or be invited to participate in a controlled trial.
Entities participating in a controlled trial:
(a) may be released from certain obligations under this Act; or
(b) may be required to satisfy certain obligations under this Act in a different way to that required by this Act; or
(c) may be required to comply with additional obligations; or
(d) may receive benefits of a certain kind.
179B Application of this Part
This Part applies in relation to the following entities:
(a) individuals;
(b) bodies corporate;
(c) partnerships.
Division 2—Obligations and benefits under controlled trials
179C Obligations under controlled trials
Entities released from obligations
(1) If an entity holds an approval, that is in force, to participate in a controlled trial, the entity is released from an obligation that the entity would otherwise be required to satisfy under a controlled trial provision if the obligation is specified in the rules as an obligation in relation to that trial that entities are released from.
Note 1: Section 179L provides for the making of rules to establish a controlled trial. Division 3 deals with approving an entity’s participation in a controlled trial.
Note 2: For controlled trial provision, see subsection 4(1).
Entities must satisfy obligations in a different way
(2) If an entity holds an approval, that is in force, to participate in a controlled trial, the entity cannot satisfy an obligation under a controlled trial provision in the way required by this Act if the obligation is specified in the rules as an obligation in relation to that trial that entities cannot satisfy in the way required by this Act.
(3) Instead, the entity must satisfy the obligation in the way specified in the rules in relation to that trial.
Note: A failure to satisfy the obligation in this way is a ground for varying, suspending or revoking the entity’s approval: see section 179J.
Entities must comply with additional obligations
(4) If an entity holds an approval, that is in force, to participate in a controlled trial, the entity must comply with each obligation specified in the rules as an obligation in relation to that trial that entities must comply with.
Note 1: The obligation must be in relation to a controlled trial provision: see paragraph 179L(3)(h).
Note 2: A failure to comply with the obligation is a ground for varying, suspending or revoking the entity’s approval: see section 179J.
179D Benefits under controlled trials
If an entity holds an approval, that is in force, to participate in a controlled trial, the entity may receive benefits of a kind that are specified in the rules in relation to the trial.
Division 3—Participation in controlled trials
179E Approval of participation in controlled trials
(1) The Comptroller‑General of Customs may, in writing, approve an entity’s participation in a controlled trial if:
(a) either:
(i) the entity makes an application to participate in that trial in accordance with section 179F; or
(ii) the Comptroller‑General of Customs invites, in writing, the entity to participate in that trial and the entity makes an election to participate in that trial in accordance with section 179G; and
(b) the Comptroller‑General of Customs is satisfied that the entity meets the qualification criteria (if any) determined in an instrument under section 179K; and
(c) the Comptroller‑General of Customs is satisfied that the entity meets the eligibility criteria (if any) specified in the rules in relation to that trial.
Note: Section 179F deals with making applications and section 179G deals with making elections.
(2) In deciding whether to approve an entity’s participation in a controlled trial, the Comptroller‑General of Customs must consider:
(a) any matter specified in the rules under paragraph 179L(3)(b) in relation to that trial; and
(b) any other matter that the Comptroller‑General of Customs considers relevant.
Period for which approval is in force
(3) An approval under subsection (1) must specify the period for which it is in force.
Note: See section 179J for variation, suspension or revocation of an approval.
Copy of approval to be given to entity
(4) The Comptroller‑General of Customs must give a copy of an approval under subsection (1) to the entity.
Notification of refusal to approve entity’s participation in controlled trial
(5) If an entity makes an application or election to participate in a controlled trial and the Comptroller‑General of Customs refuses to approve the entity’s participation in the trial, the Comptroller‑General of Customs must notify the entity of the refusal and of the reasons for the refusal.
Approval not a legislative instrument
(6) An approval under subsection (1) is not a legislative instrument.
179F Application to participate in controlled trial
(1) An application to participate in a controlled trial may be made by document or electronically.
Documentary application
(2) A documentary application must:
(a) be communicated to the Comptroller‑General of Customs; and