Customs Act 1901

PART V - WAREHOUSES  

SECTION 87C   COLLECTOR MAY GIVE DIRECTIONS IN RELATION TO WAREHOUSE OR TO GOODS SUBJECT TO CUSTOMS CONTROL  

87C(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 warehouse licence; or

(b)    a person participating in the management or control of a warehouse covered by a warehouse licence;

in relation to a warehouse covered by the licence or to goods in a warehouse covered by the licence that are subject to customs control (the controlled goods ).

87C(2)    
A direction under subsection (1) must be a direction:

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

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

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

(g)    about plant or equipment used in relation to controlled goods; or

(h)    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

(i)    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

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

87C(3)    
For the purposes of paragraph (2)(h) , (i) or (j) , the period specified in the direction must be at least 7 days after the day the direction is given.

87C(4)    
A Collector may, for the purpose of:

(a)    preventing interference with controlled goods in a warehouse covered by a warehouse licence; or

(b)    preventing interference with the exercise of the powers or the performance of the functions of a Collector in respect of a warehouse covered by a warehouse licence or of controlled goods at the warehouse;

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

87C(5)    
A person commits an offence if:

(a)    the person is given a direction under subsection (1) or (4) ; and

(b)    the person refuses or fails to comply with the direction.

Penalty: 120 penalty units.

87C(6)    
A person commits an offence of strict liability if:

(a)    the person is given a direction under subsection (1) or (4) ; and

(b)    the person refuses or fails to comply with the direction.

Penalty: 60 penalty units.

87C(7)    
This section does not limit the directions that a Collector may give under section 112C .