Customs Act 1901 CEO Instrument of Approval No. 95 of 2005 (Cth)
COMMONWEALTH OF AUSTRALIA
CEO Instrument of Approval No. 95 of 2005
Customs Act 1901
I, LIONEL BARRIE WOODWARD, Chief Executive Officer of Customs:
a)under section 4A and subsection 162AA(3) of the Customs Act 1901 (the Act), and subsection 33(3) of the Acts Interpretation Act 1901, revoke CEO Instrument of Approval No. 4 of 2001 that approved the “Application For Permission To Take Delivery Of Goods Upon Giving A Security Or An Undertaking For The Payment Of Duty” form (No. B46AA (MAY 2000)) ; and
b)under section 4A and subsection 162AA(3) of the Act, approve the attached “Application For Permission To Take Delivery Of Goods Upon Giving A Security Or An Undertaking For The Payment Of Duty, GST And LCT (Form 46AA (Sep/05))” form as an approved form for the purposes of communicating, by document, an application under subsection 162A(2A) of the Act to take delivery of goods temporarily imported without duty.
This instrument commences on 12 October 2005.
Dated: 28 September 2005
LIONEL BARRIE WOODWARD
Chief Executive Officer of Customs
Application For Permission To Take Delivery Of Goods Upon Giving A Security Or An Undertaking For The Payment Of Duty, GST And LCT
Approved Form paragraph 162AA (3)(a) of the Customs Act 1901 for the purposes of section 162A of the Customs Act 1901
NOTICE: The following information is required under the Customs Act 1901, to ensure that a valid security or undertaking is in place for your goods so that they can be properly cleared for home consumption. The information you provide will be given to the Australian Bureau of Statistics and the Australian Taxation Office. If you are required to hold a permit to import these goods, the permit details will also be given to the relevant permit issuing agency.
Customs Use only | Port of: (Name of Port/Airport) |
THE GOODS:
| I: (* the owner of the goods or *Agent of the owner of the goods) |
| of: (full address) |
*Strike out whichever is inapplicable.
hereby apply for permission, under section 162A of the Customs Act 1901, to take delivery of the goods described in the attached Form 46AA – Continuation Form and, for that purpose, am prepared to give security or an undertaking for the payment of duty, and/or GST/LCT on those goods.
| The goods are the property of: (full name) |
| of: (full address) |
The goods are (please tick one of the following boxes):
qGoods included in a class of goods to which one of the following agreements applies;
qGoods imported by persons included in a class of persons to which one of the following agreements applies;
qGoods included in a class of goods to which one of the following agreements applies imported by persons included in a class of persons which the agreement applies; or
qGoods imported for a purpose specified in one of the following agreements as a purpose for which the goods may be imported on a temporary basis without payment of duty
Please tick which agreement/s applies to the goods:
qCustoms Convention on the ATA Carnet for the Temporary Admission of goods
qConvention on Temporary Admission (Istanbul Convention)
qConvention on Temporary Admission (Istanbul Convention) - Annexes A and B.1.
qInternational Convention to Facilitate the Importation of Commercial Samples and Advertising Materials
qCustoms Convention on Containers 1972
qCustoms Convention concerning Facilities for the Importation of Goods for Display or Use at Exhibitions, Fairs, Meetings or Similar Events
qEuropean Convention on the Temporary Importation of Pallets used in International Transport
qCustoms Convention on the Temporary Importation of Pedagogic Material
qCustoms Convention on the Temporary Importation of Private Road Vehicles
qCustoms Convention on the Temporary Importation of Professional Equipment
qCustoms Convention on the Temporary Importation of Scientific Equipment
qCustoms Convention concerning Welfare Material for Seafarers
qConvention concerning Customs Facilities for Touring and the Additional Protocol thereto relating to the Importation of Tourist Publicity Documents and Material
qAustralia - United States Free Trade Agreement
qAnnex F.5. (concerning urgent consignments) to the International Convention on the Simplification and Harmonization of Customs Procedures (KYOTO Convention)
Form 46AA (Sep/05)
DESCRIPTION OF GOODS: Please complete the details on the Form 46AA – Continuation Form.
| The goods were imported on the *ship or *aircraft: (name or identification Nos. of the ship or aircraft) | |
| From: (name of place outside Australia from where the ship or aircraft brought the goods to Australia) | Arrived in Australia on: (date) |
CONDITIONS OF TEMPORARY IMPORTATION:
I understand that:
(1) The goods must be exported no later than / / 20
(2) The goods in respect of which permission has been granted under section 162A of the Customs Act 1901 shall not be exported unless an export application has been made to the Collector.
(3) Except with the consent of the CEO, the person to whom the goods are delivered shall not lend, sell, pledge, mortgage, hire, give away, exchange or otherwise dispose of or part with possession of the goods or in any way alter the goods.
| FOR CLIENT USE | FOR CUSTOMS USE |
| *owner of the goods or *Agent of the Owner of the goods *Signed by me this ................. day of…………………….. ......................... 20 .................................................................................................(signature) Address ................................................................................................ …………………………………………………………………….. | Application to take delivery of goods under section 162A of the Customs Act 1901. *approved, upon giving a security of $ .....................…………c……………….. *approved, upon giving an undertaking for the payment of duty, and/or GST/LCT Date: / / Signature .....................……………………………………….. |
*Strike out whichever is inapplicable.
Guide to the temporary importation of goods under section 162A of the Customs Act 1901
§ Only goods, which are eligible for temporary admission under the relevant provisions of the International agreements, may be imported under section 162A of the Customs Act 1901.
§ Documents to be produced: Form 46AA application; EOI; invoice; inwards waybills or Bills of Lading; import permit from relevant authority (if applicable).
§ When the application has been approved upon taking either a security or an undertaking, a Security Identification (ID) is issued.
§ The person to whom the goods are delivered must not lend, sell, pledge, mortgage, hire, give away, exchange or otherwise dispose of or part with possession of or in any way alter the goods without the consent of the CEO of Customs. If any of these actions take place, the security or undertaking will be enforced (that is, the cash deposit will be transferred to revenue or an invoice issued).
§ Goods imported under section 162A of the Customs Act 1901 must be exported on or before the date shown at Condition 1 above (being no more than 12 months after the date on which the goods were imported). Where it is proposed that the goods remain in Australia after this date, you may apply for an extension of that period. If an approval of an extension application has not been given before the date shown at Condition 1 above has expired, the security will be enforced.
Form 46AA (Sep/05)
TO BE COMPLETED BY APPLICANT
Return of Security deposit
Address to which advice of payment or cheque for refund of security amount is to be sent:
Address ...............................................................................................…………………………….
……………………………………………………………………………………………………………..
NOTE: a completed Order To Pay Agent form must be presented to Customs if the security deposit is to be refunded to someone other than the person who first gave the security amount.
Please refund the security deposit to me by:
qEFT payment to my nominated bank account; or
qCHEQUE
CUSTOMS USE ONLY:
| UPON IMPORTATION | UPON EXPORTATION |
| SECURITY DETAILS *Security amount of: $ .......................................... c ................................……..... may be retained on deposit. *Undertaking for payment of duty may be accepted. Payment Consolidation ID: ................................................ Security Sub-Head: ......................................................…... Date……… /………/ 20………. Signature ...…………......…………………………………….. Name of Authorising Officer ...........................…………….. Title of Authorising Officer……………………………………. | SECURITY RETURN Customs Duty: $ .......................……..... c .................................... *may be returned to depositor Customs Duty: $……............................. c .................................… *may be transferred to revenue Date…………../……../ 20…………… Signature .................................................………………………………... Name of Authorising Officer .................................………………………. Title of Authorising Officer………………………………………………….. |
| EXAMINATION ON EXPORTATION Upon exportation, the goods should be verified against the details listed overleaf. ............................................................................................................… Examining Officer / / 20 | |
| QSP DETAILS Deposit paid into Collector of Customs Security Account: QSP Receipt No………………of……………/…………/ ..20 Date………../………./ 20………….. Signature ...........................................………………..…… Cashier | |
| EXAMINATION ON IMPORTATION Import Declaration No. (if applicable) ………………………………………………………………... ............................................................……………………. Examining Officer / / 20 | ADDITIONAL COMMENTS: |
FORM 46AA (SEP/05)
FORM 46AA – CONTINUATION
DESCRIPTION OF GOODS SUBJECT TO THE SECURITY/UNDERTAKING APPLICATION
| Marks and Numbers | Description of Goods | Country of Origin | Qty/ Mass | Customs Value (a) | Rate Duty | Amount of (b) | Transport & Insurance (c) | Value for (a + b + c) | Amount of GST | Amount of LCT | Total Duty + GST + LCT |
| Total Customs Duty + GST + LCT | |||||||||||
Form 46AA - Continuation
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