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

## 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 (c) all duty payable in respect of the importation (or exportation) of the goods is paid, 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): Undenatured ethyl alcohol of a alcoholic strength by volume of 80% vol or higher; ethyl alcohol and other spirits, denatured, of any strength 2207.10.00 2207.20.00 Certain undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages 2208.20.10 2208.20.90 2208.30.00 2208.40.00 2208.50.00 2208.60.00 2208.70.00 2208.90.00 Unmanufactured tobacco and tobacco refuse 2401.10.00 2401.20.00 2401.30.00 Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes 2402.10.01 2402.10.02 2402.20.01 2402.20.02 2402.90.00 Other manufactured tobacco and manufactured tobacco substitutes, ‘homogenised’ or ‘reconstituted’ tobacco and tobacco extracts and essences 2403.11.00 2403.19.03 2403.19.04 2403.91.00 2403.99.00 Note: The descriptive headings are included for ease of reference and are not part of the subheadings in the Australian Harmonized Export Commodity Classification. Schedule 1AAB—Goods for export—codes relating to descriptions (paragraph 98A(2)(a)(v)) | 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 | Note: For item 1—the goods described by paragraph 113(2)(a) of the Act are the accompanied or unaccompanied personal or household effects of a passenger in, or a member of the crew of, a ship or aircraft. For item 2—the goods described by paragraph 113(2)(b) of the Act are: goods with an FOB value not exceeding $2 000 (or prescribed value). For item 5—goods delivered in accordance with a permission granted under section 162A are goods that are only being imported temporarily. For item 7—goods referred to in this item are goods that have been entered ‘manually’ during a period when an information system is temporarily inoperative. Schedule 1AAC—Goods for export—goods not exempt from sections 114E and 114F of the Act (subsections 98A(4) and 98B(2)) | 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 | Schedule 1AAD—Prescribed Acts (regulation 167) | Item | This Act … | is prescribed for this provision or these provisions of the Customs Act 1901 … | to this extent (if applicable) … | | ---- | -------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------- | | 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) | | Schedule 1AA—Tier 1 and Tier 2 Goods (regulation 179AA)