Customs Legislation Amendment (Airport, Port and Cargo Security) Act 2004 (111 of 2004)

Schedule 6   Reporting deadlines

Part 1   Pre-ITM provisions

Customs Act 1901

3   Subsections 64AB(2) and (3)

Repeal the subsections, substitute:

(2) Before a Collector’s permit is granted in respect of any goods, being cargo on board a ship to which this section applies that is due to arrive at its first port (the first port ) in Australia since it last called at any port outside Australia, the master or owner of the ship must communicate to Customs a report of the cargo that is intended to be unshipped at a port in Australia (whether the first port or any subsequent port on the same voyage):

(a) not later than the start of the prescribed period before the ship’s arrival at the first port; or

(b) if the voyage is of a kind described in regulations made for the purposes of this paragraph - not later than the start of the shorter period specified in those regulations before the ship’s arrival at the first port.

(2A) Regulations made for the purposes of subsection (2) may prescribe matters of a transitional nature (including prescribing any saving or application provisions) arising out of the making of regulations for those purposes.

(3) Before a Collector’s permit is granted in respect of any goods, being cargo on board an aircraft to which this section applies that is due to arrive at its first airport (the first airport ) in Australia since it last departed from any airport outside Australia, the pilot or owner of the aircraft must communicate to Customs a report of the cargo that is intended to be unshipped at an airport in Australia (whether the first airport or any subsequent airport on the same flight):

(a) if the report is made by document - 3 hours after the aircraft’s arrival at the first airport; or

(b) if the report is made by computer - 2 hours before the aircraft’s arrival at the first airport.

Note: If item 118 in Schedule 3 to the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 commences before, or at the same time as, item 4 of this Schedule, this item does not commence at all. See item 17 of the table in subsection 2(1).