Customs Act 1901

PART IVA - DEPOTS  

SECTION 77Y   COLLECTOR MAY GIVE DIRECTIONS IN RELATION TO DEPOT OR GOODS SUBJECT TO CUSTOMS CONTROL  

77Y(1)    

A Collector may, for the protection of the revenue or for the purpose of ensuring compliance with the Customs Acts, any other law of the Commonwealth prescribed by the regulations or a law of a State or Territory prescribed by the regulations, give written directions under this section to:

(a)    the holder of a depot licence; or

(b)    a person participating in the management or control of the depot;

in relation to the depot or to goods in the depot that are subject to customs control (the controlled goods ).

77Y(2)    
A direction under subsection (1) must be a direction:

(a)    to move, or not to move, controlled goods within a depot; or

(b)    about the storage of controlled goods in the depot; or

(c)    to move controlled goods to another depot or a warehouse; or

(d)    

about the unpacking from receptacles of controlled goods; or

(e)    

about the packing into receptacles of controlled goods; or

(f)    

about the physical security of the depot; or

(g)    

to give to the Collector, within the specified period and in the specified manner, specified information in relation to the management of controlled goods; or

(h)    

to produce to the Collector, within the specified period and in the specified manner, specified documents in relation to the management of controlled goods; or

(i)    

to make specified changes, within the specified period, to specified information, or specified documents, in relation to the management of controlled goods.

77Y(2A)    

For the purposes of paragraph (2)(g) , (h) or (i) , the period specified in the direction must be at least 7 days after the day the direction is given.

77Y(3)    
A Collector may, for the purpose of:

(a)    preventing interference with controlled goods in a depot; or

(b)    preventing interference with the exercise of the powers or the performance of the functions of a Collector in respect of a depot or of controlled goods in a depot;

give directions, in relation to the controlled goods, to any person in the depot.

77Y(3A)    

A person who has been given a direction under subsection (1) or (3) must not intentionally refuse or fail to comply with the direction.

Penalty: 120 penalty units.

77Y(4)    
A person who has been given a direction under subsection (1) or (3) must not refuse or fail to comply with the direction.

Penalty: 60 penalty units.

77Y(5)    
An offence against subsection (4) is an offence of strict liability.

77Y(6)    

This section does not limit the directions that a Collector may give under section 112C .