How long does it take to get a Certificate of Clearance?
In Plain English:
If you're applying for a Certificate of Clearance for a ship or aircraft, the Customs Act 1901 says that if you haven't received it within 24 hours of applying to the Collector, you can apply to the Comptroller-General of Customs. Their decision is final. If the Comptroller-General delays or refuses to grant the certificate without a good reason, the owner of the ship or aircraft can sue the government for damages.
Detailed Explanation:
According to the Customs Act 1901, specifically section 118:
- Initial Application: The master of a ship or the pilot of an aircraft applies to the Collector for a Certificate of Clearance under subsection 118(2).
- Timeframe: If the Certificate of Clearance is not granted within 24 hours after the application is made, subsection 118(5) allows the master or pilot to apply to the Comptroller-General of Customs.
- Comptroller-General's Decision: The decision of the Comptroller-General of Customs is final.
- Damages: Subsection 118(6) states that if the Comptroller-General of Customs delays or fails to grant the certificate without reasonable cause, the owner of the ship or aircraft can recover damages from the Commonwealth in a court of competent jurisdiction.
- Limitations on legal action: Subsection 118(7) prevents actions against the Commonwealth or its officers for failure or delay in granting a Certificate of Clearance, except as provided in subsection 118(6).