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Form 86—Security in respect of seized goForm 86—Security in respect of seized goods delivered under section 208 of the Customs Act 1901

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Form 86—Security in respect of seized goods delivered under section 208 of the Customs Act 1901

(regulation 170)

COMMONWEALTH OF AUSTRALIA
CUSTOMS REGULATIONS
SECURITY IN RESPECT OF SEIZED GOODS DELIVERED UNDER
SECTION 208 OF THE CUSTOMS ACT 1901

By this security given pursuant to section 208 of the Customs Act 1901 the subscribers are bound to the Commonwealth of Australia in the sum of $ subject only to the condition that if, in respect of the goods described below—

(a) no prosecution is instituted in respect of an offence under the Customs Act 1901 that results in the conviction of any person for an offence that would have had the effect, if the goods had been retained, as a condemnation of the goods or any of them;

(b) the subscribers, if required by a notice under paragraph 208A(3)(b) of the Customs Act 1901 to bring an action seeking a declaration that the goods are not forfeited, bring that action within 4 months of being served with the notice and obtain that declaration; and

this security shall be discharged.*

DESCRIPTION OF GOODS IN RESPECT OF WHICH SECURITY IS GIVEN

Dated 19

Names and descriptions of subscribers	Signatures of subscribers	Signatures and addresses of witnesses

The market value of the goods the subject of this security at the time of their delivery under subsection 208(1) of the Customs Act 1901 is, in my opinion, $

	Person authorising delivery of the goods

*NOTE—If the liability of the subscribers is not to be joint and several, or if the liability of any subscriber is to be less than the full amount of the security, here state what the liability of the subscribers is to be—for example “The liability of the subscribers is joint only” or “The liability of (here specify subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.

Schedule 1AAA—Prescribed goods

(regulation 95AA and subregulations 95AB(1) and 98C(1))

Goods classified to the following subheadings of the Australian Harmonized Export Commodity Classification (published by the Australian Bureau of Statistics):

Item	Description	Code
1	Goods described in paragraph 113(2)(a) of the Act	EXPE
2	Goods described in paragraph 113(2)(b) of the Act	EXLV
3	Goods consigned by post or diplomatic bag of mail	EXML
4	Ship’s stores or aircraft’s stores (as defined in section 130C of the Act)	EXSP
5	Goods that have been delivered in accordance with a permission granted under section 162A of the Act	EXTI
6	Military goods that are the property of the Commonwealth, for use overseas by the Defence Force or part of the Defence Force	EXDD
7	Goods that have been entered by document under paragraph 126E(2)(b) of the Act during a period between the time the CEO gives notice of the occurrence mentioned in paragraph 126E(1)(a) of the Act and the time the CEO gives notice of the occurrence mentioned in paragraph 126E(1)(b) of the Act	EXCC

Item	Goods
1	Goods consigned by air, other than livestock
2	Goods consigned by sea, in a container, whether open‑roofed or not
3	Goods that are liquids, in a container of cylindrical shape designed for the purpose of transporting liquids (known as tanktainers)
4	Excisable goods and imported goods that, if manufactured in Australia, would be excisable goods, other than:(a) ship’s stores or aircraft’s stores (as defined in section 130C of the Act); or(b) fuel oil being exported in a bulk tanker
5	Machinery, other than new motor vehicles manufactured in Australia
6	Scrap metal, however packed
7	Goods packed in sealed or closed crates
8	Goods packed in metal, plastic, wood or cardboard boxes that conceal the contents
9	Goods sealed in drums

Item	This Act …	is prescribed for this provision or these provisions of the Customs Act 1901 …
1	Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006	subparagraph 186A(1)(b)(ii)
2	Aviation Transport Security Act 2004	paragraph 77Q(1)(b)subparagraph 77V(5)(b)(ii)subparagraph 77VA(2)(e)(ii)paragraph 77X(2)(g)subsection 77Y(1)paragraph 82(3)(b)paragraph 82A(1)(b)subsection 86(1)subparagraph 86(3)(b)(ii)paragraph 86(7)(e)paragraph 87(1)(b)paragraph 96A(6)(b)paragraph 96B(6)(b)paragraph 112C(1)(b)subparagraph 186A(1)(b)(ii)
3	Bankruptcy Act 1966	subparagraph 186A(1)(b)(ii)
4	Crimes Act 1914	subparagraph 186A(1)(b)(ii)
5	Crimes (Aviation) Act 1991	subparagraph 186A(1)(b)(ii)
6	Crimes (Hostages) Act 1989	subparagraph 186A(1)(b)(ii)
7	Crimes (Internationally Protected Persons) Act 1976	subparagraph 186A(1)(b)(ii)
8	Crimes (Ships and Fixed Platforms) Act 1992	subparagraph 186A(1)(b)(ii)
9	Crimes (Torture) Act 1988	subparagraph 186A(1)(b)(ii)
10	Criminal Code Act 1995	subparagraph 186A(1)(b)(ii)
11A	Environment Protection and Biodiversity Conservation Act 1999	subparagraph 186A(1)(b)(ii)
12	Family Law Act 1975	subparagraph 186A(1)(b)(ii)
13	Financial Transaction Reports Act 1988	subparagraph 186A(1)(b)(ii)
14A	Fisheries Management Act 1991	subparagraph 186A(1)(b)(ii)
15	Geneva Conventions Act 1957	subparagraph 186A(1)(b)(ii)
16A	Migration Act 1958	subparagraph 186A(1)(b)(ii)
17	Proceeds of Crime Act 1987	subparagraph 186A(1)(b)(ii)
18A	Quarantine Act 1908	subparagraph 186A(1)(b)(ii)
19A	Torres Strait Fisheries Act 1984	subparagraph 186A(1)(b)(ii)