This Act may be cited as the Customs Amendment Act 1973, and shall be read together with and deemed part of the Customs Act 1966 (hereinafter referred to as the principal Act).

2 Export of goods subject to the control of the Customs

(1)

Section 63 of the principal Act is hereby amended by repealing subsection (1) (as amended by section 14(1) of the Customs Amendment Act 1968), and substituting the following subsection:

“(1)

No goods subject to the control of the Customs shall be placed on board any ship, boat, lighter, or other vessel or loaded into any aircraft or packed into any bulk cargo container in a Customs containerbase, to be shipped for export until entry has been duly made and passed therefor in the prescribed form and manner:

“Provided that, where the Collector is satisfied in respect of any goods that their exportation is not prohibited by any Order in Council made under section 70 of this Act, he may permit such entry to be made within 6 days after the goods have been so shipped.”

(2)

Section 14 of the Customs Amendment Act 1968 is hereby consequentially repealed.

3 Prohibited exports

Section 70 of the principal Act is hereby amended by repealing subsection (6), and substituting the following subsections:

“(6)

Every person commits an offence against this section who—

“(a)

Exports, or ships, with intent to export, or conspires with any other person (whether that other person is in New Zealand or not) to export, any goods from New Zealand, contrary to the terms of any prohibitions in force with respect thereto; or

“(b)

Commits any breach of, or fails in any respect to comply with, any term or condition on or subject to which there has been granted, under any Order in Council made under this section, any licence, permit, or consent; or

“(c)

Knowingly makes any false declaration or statement for the purpose of obtaining any such licence, permit, or consent; or

“(d)

Is knowingly concerned in any exportation, shipment, breach, or non-compliance to which paragraph (a) or paragraph (b) of this subsection applies.

“(6a)

Any person who commits an offence against this section is liable to a fine not exceeding $1,000 or 3 times the value of the goods to which the offence relates, which-ever is the greater.”

4 Dumping duty

(1)

Section 129 of the principal Act (as substituted by section 6 of the Customs Amendment Act 1971) is hereby amended by inserting, after subsection (5), the following subsection:

“(5a)

For the purposes of paragraph (d) of subsection (2) and paragraph (d) of subsection (4) of this section the goods referred to as being sold on the open market in New Zealand shall include not only such goods sold in the same state as imported, but also any goods sold in New Zealand which use such goods, either in a further form of manufacture, or mixed with, in combination with, or sold in conjunction with any other goods, whether imported or otherwise.”

(2)

The said section 129 (as so substituted) is hereby further amended by adding the following subsection:

“(13)

Notwithstanding anything in this section, a Collector of Customs shall have the right to require and take security for the payment of any revenue which may become due under this section and, until the required security is given pursuant to Part IX of this Act, he may refuse to pass any entry or to do any other act in the execution of his office in relation to any matter in respect of which the security is required.”

5 Orders in Council relating to Customs duties and Tariff

(1)

Section 131 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:

“(2)

Every Order in Council made under section 124 of this Act and laid before Parliament in any session pursuant to the Regulations Act 1936 (as amended by the Regulations Act 1962) shall—

“(a)

Where the Order in Council is made on or before the 30th day of June in any calendar year, expire on the close of the last day of that session except so far as it is expressly validated or confirmed by Act of Parliament passed during that session; and

“(b)

Where the Order in Council is made on or after the 1st day of July in any calendar year, expire on the close of the last day of the next ensuing session of Parliament in the following calendar year except so far as it is expressly validated or confirmed by Act of Parliament passed during that session.”

(2)

This section shall apply to every Order in Council made under section 124 of the principal Act on or after the 1st day of January 1974.

6 Incidence of altered duties

Section 157 of the principal Act is hereby amended by omitting from subsection (2) the words “alteration of the law”, and substituting the words “alteration in the law”.

7 Unauthorised entry into passenger processing areas

The principal Act is hereby further amended by inserting, after section 248, the following section:

“248a

Every person who, without the permission of the proper officer of Customs, enters on or remains in any area set aside for the examination, for the purposes of this Act, of the personal baggage of passengers disembarking from or embarking on any ship or aircraft at any time when such area is being used for such examination, commits an offence and shall be liable to a fine not exceeding $200.”

8 Rewards for seizures and convictions

The principal Act is hereby further amended by repealing section 268, and substituting the following section:

“268

The Minister may order to be paid or distributed out of the revenue of Customs, to or among any officers or other persons by or through whom any seizure is made or fine recovered under the Customs Act, such rewards as the Minister thinks fit:

“Provided that, where any such seizure or fine results from an attempt to defraud the revenue of Customs, such rewards shall not exceed in the aggregate half the value as determined by the Minister of the goods seized or, as the case may be, half the amount of the fine.”

9 Goods forfeited

Section 270 of the principal Act is hereby amended by inserting in paragraph (a) and also in paragraphs (b) and (c), in each case after the word “aircraft”, the words “or bulk cargo container”.

10 Condemnation by Magistrate

Section 282 of the principal Act is hereby amended by omitting from subsection (10) the words “by or against any party”, and substituting the words “to or against any party”.

This Act is administered in the Customs Department.

Customs Amendment Act 1973