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Sections 29 and 63 of the Customs Act. - Fiji Revenue & Customs ...

Sections 29 and 63 of the Customs Act. - Fiji Revenue & Customs ...

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<strong>Customs</strong> <strong>Act</strong>:<br />

Published for convenience only<br />

CUSTOMS—11 OF 1986<br />

may allow under <strong>the</strong> provisions <strong>of</strong> that subsection, provided that <strong>the</strong> maximum payment under this<br />

subsection is $100.<br />

Provisions relating to export <strong>of</strong> certain goods<br />

67.—(1) Before—<br />

(a) warehoused goods;<br />

(b) goods on which drawback may be claimed;<br />

(c) dutiable goods intended for transhipment; or<br />

(d) restricted goods,<br />

may be entered for exportation, transhipment, or for use as stores for aircraft or ships, <strong>the</strong> proper<br />

<strong>of</strong>ficer may require <strong>the</strong> owner <strong>of</strong> <strong>the</strong> goods to give security, in such amount <strong>and</strong> subject to such<br />

conditions as he may think fit to impose, that <strong>the</strong> goods shall be duly put on board <strong>the</strong> aircraft or<br />

ship for which <strong>the</strong>y are entered <strong>and</strong> ei<strong>the</strong>r duly exported <strong>and</strong> discharged at <strong>the</strong> place for which<br />

<strong>the</strong>y are so entered, or used as stores, as <strong>the</strong> case may be, within such time as <strong>the</strong> proper <strong>of</strong>ficer<br />

may specify.<br />

(2) All goods in respect <strong>of</strong> which security is required under this section, in this Part referred to<br />

as “bonded goods”, shall, after being put on board, be duly exported <strong>and</strong> discharged at <strong>the</strong> place for<br />

which <strong>the</strong>y are entered, or used as stores for aircraft or ships, as <strong>the</strong> case may be.<br />

(3) The proper <strong>of</strong>ficer may require <strong>the</strong> owner <strong>of</strong> any bonded goods which have been put on<br />

board an aircraft or ship for exportation to any place to produce, within such time as <strong>the</strong> proper <strong>of</strong>ficer<br />

may consider reasonable, a certificate from <strong>the</strong> customs authorities at <strong>the</strong> port <strong>of</strong> discharge <strong>of</strong> <strong>the</strong> due<br />

discharge <strong>the</strong>reat <strong>of</strong> <strong>the</strong> goods according to <strong>the</strong> export entry; <strong>and</strong> if <strong>the</strong> owner fails to produce such<br />

certificate, or if such certificate does not show that <strong>the</strong> goods have been discharged <strong>the</strong>reat according<br />

to <strong>the</strong> export entry, <strong>and</strong> <strong>the</strong> owner fails to account for any <strong>of</strong> <strong>the</strong> goods to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> proper<br />

<strong>of</strong>ficer, <strong>the</strong>n <strong>the</strong> proper <strong>of</strong>ficer may refuse to allow <strong>the</strong> owner to enter for export <strong>and</strong> to export any<br />

o<strong>the</strong>r goods in respect <strong>of</strong> which security may be required under this section.<br />

(4) Where bonded goods, which have been entered outwards have not been shipped<br />

according to <strong>the</strong> entry—<br />

(a) <strong>the</strong> person who entered <strong>the</strong> goods or <strong>the</strong> exporter <strong>the</strong>re<strong>of</strong> shall so notify <strong>the</strong> proper <strong>of</strong>ficer<br />

within 24 hours <strong>of</strong> <strong>the</strong> departure <strong>of</strong> <strong>the</strong> aircraft or ship or such o<strong>the</strong>r time as <strong>the</strong> proper<br />

<strong>of</strong>ficer may allow; <strong>and</strong><br />

(b) <strong>the</strong> person who entered <strong>the</strong> goods or <strong>the</strong> exporter <strong>the</strong>re<strong>of</strong> shall forthwith re-warehouse <strong>the</strong><br />

goods or again enter <strong>the</strong> goods for exportation, or for use as stores for aircraft or ships.<br />

(5) Any person who enters or exports, bonded goods which are brought to be put on board an<br />

aircraft or ship <strong>and</strong> which, on examination by a proper <strong>of</strong>ficer, are found—<br />

(a) not to agree with <strong>the</strong> particulars <strong>of</strong> <strong>the</strong> entry <strong>the</strong>re<strong>of</strong>; or<br />

(b) being goods entered under drawback, not to be goods entitled to drawback,<br />

is guilty <strong>of</strong> an <strong>of</strong>fence <strong>and</strong> <strong>the</strong> goods in respect <strong>of</strong> which <strong>the</strong> <strong>of</strong>fence is committed are liable to<br />

forfeiture.<br />

(6) A person who contravenes any condition imposed on him under this section in respect <strong>of</strong><br />

any bonded goods is guilty <strong>of</strong> an <strong>of</strong>fence <strong>and</strong> is liable to a fine not exceeding $2,000, <strong>and</strong> any goods<br />

in respect <strong>of</strong> which such <strong>of</strong>fence is committed are liable to forfeiture.<br />

___________________<br />

♦ Effective 1 January 2004<br />

Shortshipment <strong>of</strong> nonbonded goods<br />

68.—(1) Where goods, o<strong>the</strong>r than bonded goods, are entered for exportation <strong>and</strong> are not<br />

36

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