Customs and Excise Amendment Act 2004

  • repealed
  • Customs and Excise Amendment Act 2004: repealed, on 1 October 2018, pursuant to section 442 of the Customs and Excise Act 2018 (2018 No 4).

Reprint as at 1 October 2018

Customs and Excise Amendment Act 2004

Public Act
 
2004 No 55
Date of assent
 
1 July 2004
 

Customs and Excise Amendment Act 2004: repealed, on 1 October 2018, pursuant to section 442 of the Customs and Excise Act 2018 (2018 No 4).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

This Act is administered by the New Zealand Customs Service.

Contents

1Title
2Commencement
3Interpretation
4Part 2 heading amended
5New heading inserted
Customs places
6New heading inserted
Customs controlled areas
7Customs facilities
8New heading and sections 19A to 19H inserted
Customs-approved areas for storing exports (CASEs)
19APurpose of sections 19B to 19H
19BAreas that may be licensed as CASEs
19CApplication for area to be licensed as CASE
19DLicences for CASEs
19EAccess of Customs officers to CASEs
19FExamination of goods to be exported and that have been brought to CASE
19GDetaining and searching vehicles for goods to be exported and that have been brought to CASE
19HCustoms facilities in CASEs
9Goods subject to control of Customs
10Advice of arrival, etc
11Requirement to answer questions
12Certificate of clearance
13New section 34A inserted
34AFees and charges relating to granting certificate of clearance
14Departure to be from Customs place only
15New Part 3A inserted
Part 3A
Customs access to and use of information about border-crossing goods, persons, and craft
Preliminary provisions
38AInterpretation
38BPurpose of this Part
Who must give Customs access to information
38CPersons to whom section 38D or section 38E applies
Information to which access must be given
38DInformation about border-crossing craft
38EInformation about border-crossing persons
38FFurther provisions about giving Customs access to information under section 38D or section 38E
Use of information to which access must be given
38GControls on use by Customs of information
Searching and viewing by Customs of information about border-crossing persons
38HInformation about travel within 28-day period
38IInformation about other travel may be searched for information relating to travellers within 28-day period
38JSearch and viewing warrants
38KSearch and viewing without warrant in emergencies
38LProcedure if viewing of information not authorised
38MSecurity of applications for warrants
38NInformation and disclosure in section 38M(7)
Miscellaneous provisions
38ODisposal of information collected by Customs
38PProtection of persons acting under authority of Part
38QPart does not limit other access to or use of information
16Entry of goods for export
17Regulations relating to entry of goods for export
18New section 50A inserted
50AFees and charges relating to exportation of goods
19New headings and sections 53A to 53J inserted
Customs seals
53ACustoms seal may be applied to goods for export
53BWarning notices for packages to which seal applied
Customs-approved secure exports schemes
53CChief Executive may approve secure exports scheme
53DPurpose of secure exports scheme
53EMatters to be specified in secure exports scheme
53FMatters to be acknowledged in secure exports scheme
53GGoods to be exported under Customs-approved secure exports scheme may be exported under drawback
53HApplication of Customs seals to goods to be exported under Customs-approved secure exports schemes
53IExporters may be involved in exportation of goods outside Customs-approved secure exports scheme
53JReview of Customs-approved secure exports scheme
20New section 95A inserted
95AGiving Customs access to business records
21Registered users
22New section 134A inserted
134AConditions may be imposed on registered users
23Cancellation of registration of registered user
24Searching vehicles
25Questioning persons
26New section 145A inserted
145AQuestioning persons about identity, address, travel movements and entitlement, and other matters
27New section 146 substituted
146Questioning employees of airlines, shipping companies, owners or operators of certain vehicles, etc
28New section 147A inserted
147AEvidence of answers to questions under section 145A
29Detention of persons
30New sections 148A and 148B inserted
148ADetention of person questioned under section 145A
148BDetention of persons committing or about to commit certain offences
31Persons to whom sections 149A and 149B(1) apply
32New section 149BA inserted
149BASearching of persons for dangerous items
33Seizure of items found
34Examination of goods subject to control of Customs
35New sections 166A to 166F inserted
166ADetention of goods suspected to be tainted property
166BReturn of cash necessary to satisfy essential human needs
166CFurther provisions about detention under section 166A
166DReturn of goods detained under section 166A
166EExtension of 7-day period in section 166D(1)(a)
166FCustody of certain goods detained under section 166A
36Failure to produce evidence of identity and entitlement to travel
37Offences in relation to arrival of craft
38Offences in relation to manufacture, movement, and storage of goods
39New sections 205A and 205B inserted
205AOffences relating to failure to give Customs access to information
205BOffence relating to disclosing whether required to give Customs access to information
40New section 210A inserted
210AOffences in relation to Customs seals and Customs-approved secure exports schemes
41New section 215A inserted
215AOffences in relation to certain detained goods
42Goods forfeited
43New sections 281 to 282A substituted
281Disclosure of information overseas
282Information that may be disclosed
282ACustoms may for certain purposes collect, use, or disclose certain information
44Regulations
45Chief Executive may make rules for certain purposes
46New section 288A inserted
288AUse of reasonable force must be reported
47Amendments consequential on enactment of section 24 of Customs and Excise Amendment Act (No 2) 2002 and section 32 of this Act
Reprint notes

The Parliament of New Zealand enacts as follows: