Section 71DB Customs Act 1901 | Making a Request for Cargo Release


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The Legislation

Section 71DB of the Customs Act 1901 (Cth) deals with Making a Request for Cargo Release and is extracted below.

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71DB Making a request for cargo release

(1) A request for cargo release (an RCR) in respect of goods is a communication to Customs in accordance with this section of a request for the release of goods to which section 68 applies that are intended to be entered for home consumption.

(2) An RCR must be communicated electronically.

(3) An RCR can be made only:

(a) by a person (an accredited client) who has entered into an import information contract or by a customs broker nominated in the contract to make communications to Customs on behalf of the person; and
(b) while the contract is in force.

(4) An RCR must contain the information contained in an approved statement.

(5) If the information communicated to Customs in an RCR in respect of goods adequately identifies any permission (however it is described) that has been given for the importation of those goods, the identification of the permission in that information is taken, for the purposes of any law of the Commonwealth (including this Act), to be the production of the permission to an officer.

(6) However, subsection (5) does not affect any power of an officer, under this Act, to require the production of a permission referred to in that subsection.

(7) If:

(a) an RCR in respect of goods is, or is taken under section 71L to have been, communicated to Customs; and
(b) before the time when the RCR is, or is so taken to have been, communicated to Customs, the goods to which the RCR relates have been imported or have been brought to the first port or airport in Australia at which any goods are to be discharged;
the goods are taken to have been entered for home consumption.

(8) If:

(a) an RCR in respect of goods is, or is taken under section 71L to have been, communicated to Customs; and
(b) at the time when the RCR is, or is so taken to have been, communicated to Customs, the goods have not been brought to the first port or airport in Australia at which any goods are to be discharged;
the goods are taken to be entered for home consumption only when they are brought to that port or airport.