Can I move goods that are under customs control to a different location?

In Plain English

Yes, you can move goods that are under customs control to a different location, but you'll generally need permission from the Department of Home Affairs (specifically, the Australian Border Force). You have to apply for this permission, and the Customs Act 1901 outlines who can apply, how to apply, and the conditions that may apply. The Department can either grant permission, with or without conditions, or refuse the application. Even after getting permission, an officer of Customs can direct you to move the goods to a specified warehouse.

Detailed Explanation

Yes, it is possible to move goods under customs control to a different location. Section 71E of the Customs Act 1901 details the process for applying for permission to move goods subject to customs control.

  • Application for Movement Permission: According to subsection 71E(1) of the Customs Act 1901, if goods are subject to customs control, an application can be made to the Department (now the Department of Home Affairs) for permission to move those goods to a specified place. The application can be made via document or electronically.
  • Who Can Apply:
    • Generally, the owner of the goods must make the application, as per subsection 71E(2)(a) of the Customs Act 1901.
    • However, subsection 71E(2A) of the Customs Act 1901 specifies that for certain goods (those to which section 68 applies, and which haven't been entered for home consumption or warehousing), the application can only be made by the operator of the ship or aircraft, a cargo reporter, or a stevedore/depot operator if the goods are carried on a ship or aircraft. If the goods are a ship or aircraft themselves, the owner of the goods can apply.
  • How to Apply:
    • Documentary applications must be communicated to the Department by giving it to an officer doing duty in relation to import entries or to the movement of goods subject to customs control, as per subsection 71E(2)(b) of the Customs Act 1901.
    • Applications under subsection 71E(2A) must be made electronically, as stated in subsection 71E(2B) of the Customs Act 1901.
  • Department's Response:
    • Under subsection 71E(3AB) of the Customs Act 1901, after a movement application is duly communicated, an officer must either grant permission to move the goods, with or without conditions, or refuse the application, providing reasons for the refusal.
    • An officer may direct the applicant to hold the goods in their current location until a decision is made (subsection 71E(3AA) of the Customs Act 1901).
  • Moving to a Warehouse:
    • Even if permission is granted to move goods to a place other than a warehouse, an officer can direct in writing that the goods be moved to a specified warehouse within a specified period, according to subsection 71E(4) of the Customs Act 1901.
    • If the goods are not moved as directed, an officer can arrange for the goods to be moved to a warehouse, and the Commonwealth will have a lien on the goods for any expenses incurred (subsections 71E(5) and (6) of the Customs Act 1901).
  • Unauthorised Movement:
    • It's important to note that moving goods subject to customs control without authorisation can result in offences under section 33 of the Customs Act 1901, with penalties including fines.