77EFWhen goods have been detained for 12 months

77EF When goods have been detained for 12 months

Goods to be exported or disposed of (1) This section applies if, at the end of the period of 12 months after an order to detain goods is given, some or all of the goods (the remaining goods) have not been: (a) delivered into home consumption in accordance with an authority given under section 77ED; or (b) exported in accordance with an authority given under section 77EE. (2) The Minister may grant an authority to export the remaining goods from Australia. (3) The owner of goods authorised to be exported under subsection (2) must comply with any other provision of this Act in relation to exporting goods. (4) If: (a) the Minister does not grant an authority to export the remaining goods from Australia within 1 month of the end of the period of 12 months after the date of the order; or (b) the remaining goods have not been exported from Australia within 2 months after the date of an authority to export the goods under subsection (2); the Minister must authorise Customs to dispose of the goods in the manner the Minister considers appropriate. Compensation for detained goods (5) Nothing in this section prevents a person from seeking compensation in relation to the remaining goods, or other goods ordered to be detained under this Subdivision, in accordance with section 4AB.

6 Subparagraph 114E(1)(a)(i)

Omit “owner”, substitute “deliverer”.

7 Subparagraph 114E(1)(a)(i)

Omit “particulars of the authority”, substitute “the prescribed particulars”.

8 Subparagraph 114E(1)(a)(ii)

Omit “particulars of the goods”, substitute “the prescribed particulars”.

9 Paragraph 114E(1)(b)

Omit “particulars of the goods”, substitute “the prescribed particulars”.

10 Subsection 114E(2)

Repeal the subsection, substitute:

(2) For the purposes of subparagraphs (1)(a)(i) and (ii) and paragraph (1)(b), the regulations may prescribe different particulars according to the kind of deliverer.

11 At the end of section 114E

Add:

(5) The regulations may prescribe goods, or classes of goods, that are exempt from this section.

12 Subsection 114F(1A)

Omit “of the receipt of the goods”.

13 Paragraph 114F(1B)(b)

Omit “of the proposed removal”.

14 At the end of section 114F

Add:

(4) The regulations may prescribe goods, or classes of goods, that are exempt from this section.

15 Subsection 119(1)

After “the day of departure”, insert “, or such time as is prescribed in relation to the departure”.

16 Sections 146 and 147