Customs Amendment (Export Controls and Other Measures) Act 2011 (63 of 2011)

Schedule 1   Control of export goods

Part 1   Goods no longer for export

Customs Act 1901

8   After section 119AA

Insert:

119AB Application for permission to move, alter or interfere with goods that are no longer for export

(1) If goods are subject to the control of Customs under paragraph 30(1)(e), a person may apply to Customs for permission to move, alter or interfere with the goods in a particular way.

(2) An application under subsection (1) may be made by document or electronically.

(3) A documentary application must:

(a) be communicated to Customs by sending or giving it to an officer doing duty in relation to export entries; and

(b) be in an approved form; and

(c) contain such information as is required by the form; and

(d) be signed in a manner specified in the form.

(4) An electronic application must communicate such information as is set out in an approved statement.

(5) The CEO may approve different forms for documentary applications, and different statements for electronic applications, made under this section in different circumstances or by different classes of persons.

119AC Dealing with an application for a permission to move etc. goods that are no longer for export

(1) If an application is made under subsection 119AB(1), an officer may direct the applicant to ensure that the goods to which the application relates are held in the place where they are currently located until a decision is made on the application.

(2) If a direction is not given under subsection (1) of this section, or a reasonable period has elapsed since the giving of such a direction to enable the making of an informed decision on the application, an officer must give a message by document, or send a message electronically, to the applicant:

(a) giving the applicant permission to move, alter or interfere with the goods in accordance with the application either unconditionally or subject to such conditions as are specified in the message; or

(b) refusing the application and setting out the reasons for the refusal.

(3) If a person moves, alters or interferes with goods otherwise than in accordance with a permission under subsection (2) of this section, the movement of the goods is, for the purposes of paragraph 229(1)(g), taken not to have been authorised by this Act.