Customs Act 1901 CEO Instrument of Approval No. 98 of 2005 (Cth)
COMMONWEALTH OF AUSTRALIA
CEO Instrument of Approval No. 98 of 2005
Customs Act 1901
I, LIONEL BARRIE WOODWARD, Chief Executive Officer of Customs:
a)under section 4A and subregulation 124(2) of the Customs Regulations 1926, and subsection 33(3) of the Acts Interpretation Act 1901, revoke CEO Instrument of Approval No. 2 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 (No. 46 (MAR 2001))” form; and
b)under section 4A and subregulation 124(2) of the Customs Regulations 1926, 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 46 (Sep/05))” form as an approved form for the purpose of applying for the permission of the Collector under section 162 of the Customs Act 1901.
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 Regulation 124 of the Customs Regulations 1926 for the purposes of section 162 of the Customs Act 1901
NOTICE: The following information is required under the Customs Act 1901 and Customs Regulations 1926, to ensure that a valid security or undertaking is in place for your goods so that 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 162 of the Customs Act 1901, to take delivery of the goods described in the attached Form 46 – Continuation 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) |
| GOODS (please tick the appropriate box): | Information Required |
| q The property of a tourist/temporary resident. | Passport/Visa to be produced as evidence of residency status. |
| q Specialised equipment or tools to be used in exploration, production, manufacture, repair or modification, and included in a class of goods to which an intergovernmental agreement applies; or q Imported for use at a public exhibition or entertainment, not cinematograph films of a kind usually for profit, or theatrical costumes, scenery or property; or theatrical costumes, scenery or property; or q Testing or evaluation equipment ; OR | State the name of public exhibition/entertainment, venue and date. |
| q Imported for testing or evaluation of the goods | Give details of the testing or evaluation. |
DESCRIPTION OF GOODS: Please complete the details on the Form 46 – 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) |
Form 46 Sep/05)
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 162 of the Customs Act 1901 shall not be exported unless a notice of intention to export the goods has been given to a Collector..
(3) Except with the consent of a Collector, 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 (otherwise than by way of, or for the purposes of, the exportation of those 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 162 of the Customs Act 1901. *approved, upon giving a security of $ ......................…………c……………….. *approved, upon giving an undertaking for the payment of duty, and/or LCT and GST Date: / / 20 Signature .....................……………………………………….. |
*Strike out whichever is inapplicable.
Guide to the temporary importation of goods under section 162 of the Customs Act 1901
§ Only goods, which are the property of a prescribed class of persons, or are included in a prescribed class of goods, or are imported for a prescribed purpose, may be imported under section 162 of the Customs Act 1901.
§ Documents to be produced: Form 46 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 owner must not lend, sell, pledge, mortgage, hire, give away, exchange or otherwise dispose of or part with possession of (otherwise than by way of, or for the purposes of, the exportation of those goods) or in any way alter the goods without the prior consent of a Collector. 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 162 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 46 (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 46 (Sep/05)
FORM 46 – 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 46 (Sep/05)
0
0
0