Customs Act 1901 CEO Instrument of Approval No. 92 of 2005 (Cth)

COMMONWEALTH OF AUSTRALIA

CEO Instrument of Approval No. 92 of 2005

Customs Act 1901

I, LIONEL BARRIE WOODWARD, Chief Executive Officer of Customs, under section 4A and section 71K of the Customs Act 1901 (the Act), approve the attached “MOVEMENT PERMISSION APPLICATION (B370 Sept 05)” form as an approved form for the purposes of making, by document, an application for permission to move goods that are subject to Customs control.

This instrument commences on the day after it is registered.

Dated:  28 September 2005

LIONEL BARRIE WOODWARD

Chief Executive Officer of Customs

MOVEMENT PERMISSION APPLICATION
Application made under section 71E (2) of the Customs Act 1901.

 

 

* Only to be used where consignments CANNOT be entered into the Integrated Cargo System.
**If applicable.

 

B370 Sept 05

 

 

CONDITIONS

1. Where the movement permission is for a full container load (FCL);

(a)the applicant is to ensure that the seals are intact before movement of the container, and that the seal number mentioned on the permission is the actual seal on the container prior to movement; and

(b)the applicant is to keep the goods/container secure, intact, and unopened with seals unbroken at the nominated destination until permission to open the packages is received from an officer of Customs.

2. Where the movement permission is for loose cargo (LCL) or break bulk cargo;

(a)The applicant is to ensure that the goods are intact before movement of the goods; and

(b)The applicant is to keep the goods secure intact and unopened at the nominated destination place until permission to open the packages is received from an officer of Customs.

3. Where the movement permission is for the purpose of examination of the goods by a Customs Officer;

(a)The applicant is to arrange for the examination of the goods by a Customs Officer within 7 days or the permission being granted; and

(b)The goods are to be further held and kept in secure and unopened condition until such time as written, an officer of Customs gives notification of release.

PLEASE NOTE:  

Section 71E (3B) of the Customs Act 1901

If a person moves goods otherwise than in accordance with the requirement of a permission to which the goods relate, the movement of the goods is, for the purposes of section 229(1)(g), taken not to have been authorised by this Act.

Section 33 of the Customs Act 1901

(1) If:

(a)a person intentionally moves, alters or interferes with goods that are subject to the control of Customs; and

(b)the movement, alteration or interference is not authorised by or under this Act;

the person commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.

(2) If:

(a)a person moves, alters or interferes with goods that are subject to the control of Customs; and

(b)the movement, alteration or interference is not authorised by or under this Act;

the person commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.

(3) If:

(a)an employee of a person moves, alters or interferes with goods that are subject to the control of Customs; and

(b)the moving, altering or interfering with the goods the employee is acting on behalf of the person; and

(c)the movement, alteration or interference is not authorised by or under this Act;

the person commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.

Section 229(1)(g) of the Customs Act 1901

(1)     The following goods shall be forfeited to the Crown:

(g) All goods subject to the control of the Customs that are moved, altered or interfered with except as authorised by this Act.

B370 Sept 05