Customs Act 1901
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View history noteDiv 4B heading substituted by No 4 of 2021, s 3 and Sch 1 item 1, effective 9 April 2021. For application provisions, see note under the title of this Act.
Div 4B, comprising sec 126AE, inserted by No 120 of 2004, s 3, Sch 1, Pt 2, item 6, effective 1 January 2005.
If goods that are a textile or apparel good are exported to the US, an authorised officer may request a person who: (a) is the exporter or producer of the goods; or (b) is involved in the transportation of the goods from Australia to the US;
to produce particular records, or to answer questions put by the officer, in relation to the export, production or transportation of the goods.
S 126AE(1) amended by No 4 of 2021, s 3 and Sch 1 item 2, effective 9 April 2021. For application provisions, see note under the title of this Act.
126AE(2)
The person is not obliged to comply with the request.
Disclosing records or answers to US
126AE(3)
An authorised officer may disclose any records so produced, or disclose any answers to such questions, to a US customs official for the purpose of a matter covered by Article 4.3 of the Agreement.
Definitions
126AE(4)
In this section:
Agreement
means the Australia-United States Free Trade Agreement done at Washington DC on 18 May 2004, as amended from time to time.
Note:
In 2004 the text of the Agreement was accessible through the website of the Department of Foreign Affairs and Trade.
Definition of " Agreement " amended by No 8 of 2010, s 3 and Sch 5 item 34, effective 1 March 2010.
Harmonized System
has the same meaning as in section
153YA
.
textile or apparel good
has the meaning given by Article 1.2 of Chapter 1 of the Agreement.
Definition of " textile or apparel good " inserted by No 4 of 2021, s 3 and Sch 1 item 4, effective 9 April 2021. For application provisions, see note under the title of this Act.
textile and clothing goods
(Repealed by No 4 of 2021)
Definition of " textile and clothing goods " repealed by No 4 of 2021, s 3 and Sch 1 item 3, effective 9 April 2021. For application provisions, see note under the title of this Act.
US
means the United States of America.
US customs official
means a person representing the customs administration of the US.
S 126AE inserted by No 120 of 2004.
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