Delivery of goods upon giving of security or undertaking for payment of duty, GST and luxury car tax
162 Delivery of goods upon giving of security or undertaking for payment of duty, GST and luxury car tax
Where goods the property of a person included in a prescribed class of persons are imported or a person imports goods included in a prescribed class or goods intended for a prescribed purpose and intends to export those goods, the Collector may grant to the person importing the goods permission to take delivery of those goods upon giving a security or an undertaking, to the satisfaction of the Collector, for the payment of:
the duty, if any, on those goods; and
the assessed GST payable on the taxable importation, if any, that is associated with the import of those goods; and
if a taxable importation of a luxury car is associated with the import of those goods—the assessed luxury car tax payable on that taxable importation.
The regulations may prescribe provisions to be complied with in relation to goods in respect of which permission has been granted under the last preceding subsection.
Without limiting the generality of subsection (2), regulations under that subsection may provide that conditions, restrictions or requirements specified in the permission granted under subsection (1) in relation to goods are to be complied with in relation to the goods.
Where the Collector has granted permission to a person to take delivery of goods upon giving a security or an undertaking referred to in subsection (1), the duty (if any) is not payable if:
the provisions of the regulations are complied with; and
either:
the goods are exported within a period of 12 months after the date on which the goods were imported, or within such further period as the Comptroller‑General of Customs, on the application of the person who imported the goods, allows; or
one or more of the circumstances or conditions specified in the regulations apply in relation to the goods;
and, if security was given by way of deposit of cash or of an instrument transferable by delivery, the amount deposited or the instrument shall be returned to the person by whom the security was given.
In these circumstances, GST and luxury car tax are not payable. See section 171‑5 of the GST Act and section 13‑25 of the Luxury Car Tax Act.
If the circumstances described in paragraphs (3)(a) and (b) do not exist in relation to the goods:
the security may be enforced according to its tenor; or
if an undertaking to pay the amount of the duty (if any), the GST (if any) and the luxury car tax (if any) has been given, that amount may be recovered at any time in a court of competent jurisdiction by proceedings in the name of the Collector.
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