Section 119AA Customs Act 1901 | Permission to Deal with Goods for Export


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Section 119AA of the Customs Act 1901 (Cth) deals with Permission to Deal with Goods for Export and is extracted below.

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The Legislation

119AA Application for permission to move, alter or interfere with goods for export

(1) This section applies to goods:

(a) that are subject to the control of Customs under paragraph 30(1)(b), (c) or (d); and
(b) that have been entered for export; and
(c) in relation to which an authority to deal with the goods is in force.

(2) A person may apply to Customs for permission to move, alter or interfere with the goods in a particular way.

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

(3A) 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.

(3B) An electronic application must communicate such information as is set out in an approved statement.

(4) 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.

(5) If an application is made under subsection (2), an officer may direct the applicant to ensure that the goods are held in the place where they are currently located until a decision is made on the application.

(6) If a direction is not given under subsection (5), 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.

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

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