Section 64ABAB Customs Act 1901 | When Outturn Report is to be Communicated to Customs


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The Legislation

Section 64ABAB of the Customs Act 1901 (Cth) deals with When Outturn Report is to be Communicated to Customs and is extracted below.

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64ABAB When outturn report is to be communicated to Customs

(1) In the case of cargo unloaded from an aircraft at an airport and received into a depot, the depot operator must communicate the outturn report to Customs within 24 hours, or such other period as is prescribed by the regulations, after the time of arrival of the aircraft as stated in the report under section 64AA.

(2) Subsections (2A), (2B), (2C), (2D) and (2E) of this section apply to outturn reports a stevedore must communicate under subsection 64ABAA(2) because of the unloading of one or more containers from a ship at a port.

(2A) The stevedore must communicate a report at the end of each period:

(a) that starts at a time described in subsection (2B); and
(b) that is 3 hours long; and
(c) during which a container is unloaded.

(2B) A period starts:

(a) at the time the first container is unloaded; or
(b) immediately after the end of the most recent period covered by subsection (2A); or
(c) at the first time a container is unloaded after the end of the most recent period covered by subsection (2A), if a container has not been unloaded in the 3 hours starting at the end of the most recent period covered by that subsection.

(2C) The first report must state the time the first container is unloaded.

(2D) The last report must state the time when the unloading of the containers was completed.

(2E) If the stevedore communicates a report that:

(a) covers the unloading of a container that, because of a decision not to unload any more containers that was made after the communication, completes the unloading of the containers; and
(b) does not state the time when the unloading of the containers was completed;
the stevedore must communicate another report that states that the unloading of the containers has been completed. The stevedore must do so within 3 hours of the decision being made.

(2F) If the regulations prescribe a period other than 3 hours, subsections (2A), (2B) and (2E) have effect as if they referred to the period prescribed instead of 3 hours.

(3) In the case of cargo (not in containers) unloaded from a ship at a wharf, the stevedore must communicate the outturn report to Customs within 5 days, or such other period as is prescribed by the regulations, after the day on which the unloading of the cargo from the ship was completed. The outturn report must state the time when the unloading of the cargo was completed.

(4) In the case of cargo unloaded from a ship or aircraft and moved, under a permission given under section 71E, to a Customs place (as defined in subsection 183UA(1)) other than a warehouse, the person in charge of the Customs place must communicate the outturn report to Customs:

(a) if the cargo is in a container:

(i) if the container is not unpacked at that place—within 24 hours (or such longer period as is prescribed by the regulations) after the person in charge of that place recorded the receipt of the container at that place; or
(ii) if the container is unpacked at that place—within 24 hours, or such other period as is prescribed by the regulations, after it was unpacked; or

(b) if the cargo is not in a container—not later than:

(i) the day after the day on which the person in charge of that place recorded a receipt of the cargo at that place; or
(ii) if a later time is prescribed by the regulations—that later time.

If the cargo is in a container that is unpacked at the Customs place, the outturn report must state the time when the unpacking of the cargo was completed.