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s 10

Certain provisions of the Customs Act may be expressed to be subject to this Act

In force
Part 2Control
Division 1Controls on the importation and movement of food

10 Certain provisions of the Customs Act may be expressed to be subject to this Act

(1)

If:

(a)

a person applies under section 69 of the Customs Act for permission to deliver like customable goods within the meaning of that section into home consumption without entering them for home consumption; and

(b)

an officer of Customs reasonably believes that the like customable goods are, or include, food;

a permission granted under that section in respect of that food may be expressed, under subsection (4) of that section, to be subject to the condition that a food control certificate in respect of the food is presented to the person having possession of the food.

(2)

If:

(a)

a person applies under section 70 of the Customs Act for permission to deliver special clearance goods within the meaning of that section into home consumption without entering them for home consumption; and

(b)

an officer of Customs reasonably believes that the special clearance goods are, or include, food;

a permission granted under that section in respect of the goods may be expressed, under subsection (5) of that section, to be subject to the condition that a food control certificate in respect of the food is presented to the person having possession of the food.

(3)

If:

(a)

a person enters goods for home consumption or warehousing under section 71A of the Customs Act; and

(b)

an officer of Customs reasonably believes, on the basis of information supplied by authorised officers in respect of the Food Inspection Scheme and information supplied by the owner in respect of those particular goods, that the goods may be, or may include, examinable food;

an authority to deal with the food under section 71B of that Act by delivering it into home consumption, or into the warehouse specified in the entry, as the case requires, may be expressed, under subsection (6) of that section, to be subject to the condition that a food control certificate in respect of the food is presented to the person having possession of the food.

(4)

The granting under the Customs Act of a permission referred to in subsection (1) or (2), or the issue under that Act of an authority referred to in subsection (3), is not to be taken to affect any person’s obligations under this Act in any way.

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