Families Commission Amendment Act 2014

1: Title
This Act is the Families Commission Amendment Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Families Commission Act 2003
3: Principal Act
This Part amends the Families Commission Act 2003 principal Act 2014-03-25 Families Commission Act 2003
4: Section 4 amended (Interpretation)
In section 4 Commissioner
5: Section 6 amended (Commission established)
In section 6
2: The Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
3: The Crown Entities Act 2004 applies to the Commission except to the extent that this Act expressly provides otherwise.
6: Section 7 replaced (Commission's main function)
Replace section 7
7: Commission's main functions
The Commission's main functions are—
a: to act as an advocate for the interests of families generally (the advocacy function
b: to monitor and evaluate programmes and interventions in the social sector, and provide social science research into key issues, programmes, and interventions across that sector (the monitoring, evaluation, and research function
7: Section 8 amended (Commission's additional functions)
1: In the heading to section 8 additional functions advocacy function
2: In section 8 main function stated in section 7 advocacy function
3: After section 8(b)
ba: to prepare and publish an annual Families Status Report that measures and monitors the well-being of New Zealand families:
4: In section 8
2: The advocacy function does not include acting as an advocate for the interests of a particular family or particular families in connection with a particular case or issue.
3: In performing its advocacy function, the Commission must identify and have regard to factors that help to maintain or enhance either or both of the following:
a: families' resilience:
b: families' strengths.
8: New section 8A inserted (Commission's monitoring, evaluation, and research function)
After section 8
8A: Commission's monitoring, evaluation, and research function
1: In order to perform its monitoring, evaluation, and research function, the Commission has the following additional functions:
a: to identify evidence and research that will assist in determining or achieving the Government's policies and priorities in the social sector:
b: to commission social science research in the social sector on behalf of the Government and others:
c: to manage contracts for social science research in the social sector on behalf of the Government and others:
d: to set standards and specify best practice for monitoring and evaluating programmes and interventions in the social sector:
e: to establish and maintain a database of social science research undertaken by or on behalf of the Government.
2: When monitoring or evaluating programmes and interventions as part of its monitoring, evaluation, and research function, the Commission must act independently of the programmes and interventions being monitored or evaluated.
9: Section 13 amended (Mechanisms for obtaining views of specified groups)
In section 13(1 powers and functions advocacy function and associated powers
10: Cross-heading above section 15 replaced
Replace the cross-heading above section 15 Members of Commission
11: Section 17 repealed (Commission is Crown entity)
Repeal section 17
12: Section 18 amended (Membership of Commission)
1: Repeal section 18(2) to (4)
2: In section 18(5)(b) Commissioners members
13: New sections 18A to 18C and cross-heading inserted
After section 18
18A: Families Commissioner
1: The Minister must appoint 1 member to be the Families Commissioner.
2: The functions of the Families Commissioner are as determined by the Commission. Social Science Experts Panel
18B: Social Science Experts Panel
1: A Social Science Experts Panel is established.
2: The Panel's function is to provide academic peer review of any research, evaluations, standards, reports, or other publications done or issued by or on behalf of the Commission, and otherwise to provide guidance to the Commission.
18C: Membership of Social Science Experts Panel
1: The Social Science Experts Panel comprises a minimum of 4 members.
2: Each member of the Panel must be appointed by the Commission on the joint recommendation of—
a: the Minister; and
b: the person (if any) appointed as principal adviser to the Prime Minister on science matters or, if there is no such person, the chief executive of the department responsible for science matters.
3: The Commission must appoint 1 member of the Panel to be its chairperson.
4: Every member of the Panel may be appointed for a period of up to 3 years and may be reappointed at the expiry of each term of appointment.
5: Clause 14(2) of Schedule 5 of the Crown Entities Act 2004 applies with respect to the appointment of a person to the Panel as if the person were to be appointed as a member of a committee appointed by the board of the Commission under clause 14(1) of that schedule.
6: Clause 15 of Schedule 5 of the Crown Entities Act 2004 applies to each member of the Panel as if he or she were a member of a committee appointed by the board of the Commission under clause 14(1) of that schedule.
2: Transitional provisions
14: Transitional provisions relating to members of Commission
1: On the day on which this Act comes into force,—
a: the Chief Families Commissioner is renamed the Families Commissioner and holds office as the chairperson of the Commission in accordance with Schedule 5
b: the Deputy Chief Families Commissioner (if any) ceases to be called a Commissioner but holds office as the deputy chairperson of the Commission in accordance with Schedule 5
c: all other Commissioners cease to be called Commissioners but remain as members of the Commission.
2: Except as provided in subsection (1)


Electoral Amendment Act 2014

1: Title
This Act is the Electoral Amendment Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Principal Act
This Part amends the Electoral Act 1993 principal Act 2014-03-25 Electoral Act 1993
4: Section 3 amended (Interpretation)
In section 3(1) approved electronic medium mental impairment representative
a: in relation to a person who is outside New Zealand, or who has a physical impairment,—
i: a person who is a registered elector:
ii: an attorney appointed under a power of attorney:
b: in relation to a person who has a mental impairment,—
i: a person who is a registered elector:
ii: a welfare guardian appointed under section 12(1) of the Protection of Personal and Property Rights Act 1988:
iii: an attorney appointed under an enduring power of attorney .
5: New subpart 1 heading in Part 4 inserted
Before section 62
1: Registration of political parties
.
6: Section 63 amended (Application for registration)
1: In section 63(2)(d)(ii) component party ; and
2: After section 63(2)(d)
e: must be accompanied by the application fee payable under section 63A
7: Section 63A replaced (Application for registration of party logo)
Replace section 63A
63A: Application fee
1: The fee payable on making an application under section 63 is $500 (inclusive of goods and services tax).
2: The fee must be paid by—
a: direct credit to a bank account nominated by the Electoral Commission; or
b: bank cheque.
8: Section 64 amended (Times when registration prohibited)
1: In section 64(1) or any application for the registration of the logo of a political party
2: Repeal section 64(2)
9: Section 65A repealed (Certain logos not to be registered)
Repeal section 65A
10: Section 67A repealed (Registration of party logos)
Repeal section 67A
11: Section 68A repealed (Inspection of party logos)
Repeal section 68A
12: Section 69 replaced (Changes to Register)
Replace section 69
69: Changes to Register of Political Parties
1: A person described in section 63(1) may, on behalf of a political party, apply to the Electoral Commission to—
a: change the name of the party:
b: change the abbreviation of the name of the party.
2: Section 63 (except subsection (2)(e)
13: Section 69A repealed (Changes to party logos)
Repeal section 69A
14: Section 70A repealed (Cancellation of registration of party logo)
Repeal section 70A
15: New subpart 2 of Part 4 inserted
After section 71B
2: Registration of party logos
71C: Application for registration of party logo
1: An application may be made to the Electoral Commission to register the logo of a political party if the political party—
a: is registered under subpart 1
b: is unregistered, but an application has been made under subpart 1
2: An application to register a party logo—
a: may be made by—
i: the secretary of the party; or
ii: any member of Parliament who is a current financial member of the party; and
b: must—
i: be in writing; and
ii: be signed by the applicant; and
iii: be accompanied by—
A: 2 identical representations of the party logo in a form satisfactory to the Electoral Commission that show the parts of the logo that are to be in colour and the PMS (Pantone Matching System) colours that are to be used for those parts when the logo is reproduced on the ballot paper; and
B: a black and white reproduction of the party logo in a form satisfactory to the Electoral Commission; and
iv: be accompanied by a declaration, made by the applicant in the manner provided for by section 9 of the Oaths and Declarations Act 1957, that the use of the logo by the political party will not be an infringement of an intellectual property right of any person, or a breach of any enactment; and
v: set out—
A: the name and address of the applicant, and the capacity in which he or she makes the application; and
B: the name and address of the secretary of the political party, if the applicant is not the secretary of the political party.
3: On receipt of an application to register a party logo, the Electoral Commission must deal with the application in accordance with this subpart and determine whether to register the party logo.
4: Subsection (3)
a: receives from any person described in subsection (2)(a)
b: is satisfied the written notice is given by that person on behalf of the party.
71D: Grounds on which registration refused
1: The Electoral Commission must refuse an application to register the logo of a political party if—
a: the Electoral Commission has determined that the political party's application for registration should be refused (in the case of an application made under section 71C(1)(b)
b: the application does not comply with—
i: section 71C(2)(b)(iii)
ii: section 71C(2)(b)(iv)
c: the Electoral Commission has reasonable cause to believe that the declaration accompanying the application under section 71C(2)(b)(iv)
d: the Electoral Commission is of the opinion that the logo—
i: is indecent; or
ii: is offensive; or
iii: is likely to cause confusion or mislead electors; or
iv: contains any reference to a title or an honour or a similar form of identification.
2: If the Electoral Commission refuses an application to register the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of refusal, give the applicant written notice of—
a: the refusal; and
b: the reasons for the refusal.
71E: Times when registration of party logos prohibited
No action may be taken in relation to any application made under section 71C
a: in relation to a general election,—
i: commences on the date beginning with the issue of the writ for the election of members of Parliament for all electoral districts within New Zealand; and
ii: ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected; and
b: in relation to a by-election,—
i: commences on the date beginning with the issue of the writ for the by-election; and
ii: ends with the day appointed as the latest day for the return of the writ for the by-election.
71F: Registration of party logos
If, on receipt of an application under section 71C
a: register the logo of the political party in the Register of Political Parties established under section 62(2); and
b: give written notice of the registration to the applicant; and
c: arrange for the registration to be published in the Gazette
71G: Inspection of party logos
The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every party logo that is, or has been, registered in the Register of Political Parties.
71H: Changes to party logos
1: A person described in section 71C(2)(a)
a: vary the form of the party logo; or
b: substitute a new party logo; or
c: amend the party logo to refer to the new name of the party in any case where there has been a change in the party name.
2: Sections 71C to 71F subsection (1)
71I: Cancellation of registration of party logo
1: The Electoral Commission must cancel the registration of the logo of a political party if—
a: a person described in section 71C(2)(a)
b: the registration of the political party is cancelled under section 70; or
c: the Electoral Commission is satisfied that the use of the logo by the political party constitutes an infringement of an intellectual property right or a breach of an enactment.
2: Section 71E subsection (1)(a)
3: If the Electoral Commission cancels the registration of the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable and in any case not later than 10 working days after the date of cancellation,—
a: give written notice of the cancellation and the reasons for the cancellation to—
i: the applicant, if the registration of the logo was cancelled under subsection (1)(a) section 71C(2)(a)(ii)
ii: the secretary of the political party; and
b: arrange for the cancellation to be published in the Gazette
16: Section 78 replaced (Exercise of Maori option)
Replace section 78
78: Exercise of Maori option
1: A Maori who is registered as an elector on the first day of an option period may exercise once in that period the Maori option.
2: The Registrar must send by post on the first day of an option period a notice in the prescribed form to—
a: every person registered as an elector of a Maori electoral district; and
b: every person registered as an elector of a General electoral district who has,—
i: in his or her application for registration as an elector, specified that he or she is a Maori; or
ii: in response to an inquiry under section 89D
3: Subsection (4)
a: who receives a notice sent under subsection (2)
b: who,—
i: being registered as an elector of a Maori electoral district, wishes to be registered as an elector of a General electoral district; or
ii: being registered as an elector of a General electoral district, wishes to be registered as an elector of a Maori electoral district.
4: A Maori to whom this subsection applies may exercise the Maori option by advising whether he or she wishes to be registered as an elector of—
a: a General electoral district; or
b: a Maori electoral district.
5: A Maori who wishes to exercise the Maori option under subsection (4)
a: indicating his or her choice on the notice received under subsection (2)
b: indicating his or her choice using an approved electronic medium:
c: completing an application for registration as an elector in accordance with section 83
6: A Maori who is outside New Zealand, or who has a physical or mental impairment may exercise the Maori option through a representative, and section 86
7: On receipt of any advice under subsection (5)
8: Advice received under subsection (5)
a: the definition of electoral roll in section 3(1); and
b: sections 89A
9: A Maori who receives a notice sent under subsection (2)
10: If a notice returned to a Registrar under subsection (5)(a)
11: If a notice returned to a Registrar under subsection (5)(a)
12: For the purposes of this section,— Maori option option period person registered as an elector section 82(2)
17: Sections 82 to 86 replaced
Replace sections 82 to 86
82: Compulsory registration of electors
1: A person who is qualified to be registered as an elector of any electoral district and who is in New Zealand must apply to a Registrar of Electors for registration as an elector—
a: within 1 month after the date on which he or she first becomes qualified to be registered as an elector:
b: within 1 month after the date on which he or she ceases to be registered as an elector by reason of the inclusion of his or her name on the dormant roll under section 89G
2: Any person aged 17 years or older, but under 18 years, may apply to a Registrar of Electors for registration as an elector, and that person is not then required to apply for registration as an elector on attaining the age of 18 years.
3: A person who is qualified to be registered as an elector of any electoral district and who is outside New Zealand may apply at any time to a Registrar of Electors for registration as an elector.
4: Where a Maori is qualified to be registered as an elector of both a Maori electoral district and a General electoral district, that person may apply for registration as an elector of only one of those districts, being the district in respect of which that person has exercised his or her option under section 76.
5: A person commits an offence against this section who, being required by this section to apply for registration as an elector during any period, knowingly and wilfully fails to apply.
6: A person who applies for registration as an elector is not liable to prosecution for his or her earlier failure to apply for registration as an elector.
7: A person who commits an offence against this section is liable on conviction to a fine not exceeding—
a: $100 on a first conviction; and
b: $200 on a second or subsequent conviction.
83: Application for registration
1: An application for registration as an elector may be made to a Registrar of Electors—
a: in writing, by completing and signing the prescribed form and returning it to the Registrar of Electors; or
b: in an approved electronic medium, by providing the information necessary to complete the prescribed form.
2: An application for registration as an elector must state, in respect of the person making the application,—
a: the person's full name; and
b: the person's date of birth; and
c: the place of residence in respect of which registration is claimed, specified in a manner that enables it to be clearly identified; and
d: the person's postal address, if different from the address given under paragraph (c)
e: the person's occupation, if any; and
f: the honorific (if any) by which the person wishes to be addressed; and
g: whether or not the person is a Maori; and
h: any other particulars that are prescribed in regulations.
3: A Registrar of Electors may reject an application for registration as an elector if—
a: the application is made under subsection (1)(a)
i: signed; or
ii: completed with the details specified in subsection (2)(a), (b), (c), and (h)
b: the application is made under subsection (1)(b) subsection (2)(a), (b), (c), and (h)
4: If a person does not specify in his or her application whether he or she is a Maori, this Act applies as if the person had specified in his or her application that he or she is not a Maori.
5: An application for registration as an elector that is rejected by the Registrar of Electors is treated as not having been made.
6: Where it appears to a Registrar of Electors that a person who has applied for registration as an elector in an electoral district is qualified to be registered as an elector in another electoral district, the Registrar must immediately send that person's application to the Registrar of Electors of that other district.
84: Registration of persons outside New Zealand
A person who is outside New Zealand may apply for registration as an elector under section 83 section 86
85: Registration of persons who have physical or mental impairment
A person who has a physical or mental impairment may apply for registration as an elector under section 83 section 86
86: Representatives
1: A representative acting on behalf of a person must, when making any application or giving any notification, provide a statement that—
a: sets out the capacity in which he or she is acting; and
b: confirms that he or she is duly authorised to act in making that application or providing that information.
2: A statement under subsection (1)
a: in writing, by completing and signing a form approved for the purpose by the Electoral Commission; or
b: in an approved electronic medium, by providing the information necessary to complete the form.
18: Section 87 renumbered (Procedure following application for registration)
Section 87 section 89
19: Section 87A renumbered (Procedure if immigration status means applicant apparently not qualified to be registered)
Section 87A section 87
20: Section 88 amended (Application received after issue of writ)
1: In section 88(2)(b) ; or
2: Repeal section 88(2)(c)
21: Section 89 repealed (Notice of registration)
Repeal section 89
22: New sections 89A to 89G and cross-headings inserted
After section 89
89A: Notice of registration
The Registrar must, not later than 14 days after the registration of a person as an elector, deliver to that person personally, or send to that person by post, written notice of the registration. Change of address
89B: Elector must give notice of change of place of residence within electoral district
1: This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence within that district.
2: The elector must, within 2 months after the date on which he or she changed his or her place of residence, give notice of—
a: the change of his or her place of residence; and
b: the address of the new place of residence.
3: Notice under subsection (2)
a: in writing to the Registrar for the electoral district in which the elector resides; or
b: in an approved electronic medium.
4: An elector who has a physical or mental impairment may give notice under subsection (2) section 86
5: On receiving a notice under subsection (2)
a: amend the roll to record the change in the elector's place of residence; and
b: give confirmation to the elector, in accordance with section 94A, of that amendment.
6: An elector who knowingly and wilfully fails to comply with subsection (2)
a: commits an offence and is liable on conviction to a fine—
i: not exceeding $50 on a first conviction; and
ii: not exceeding $100 on any subsequent conviction; but
b: is not, by reason only of that failure, disqualified from voting at an election in the electoral district in which he or she is registered.
7: Despite subsection (6) subsection (2)
89C: Elector must give notice of change of place of residence to different electoral district
1: This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence to a different electoral district (the new electoral district
2: After continuously residing in the new electoral district for a period of 1 month, the elector must, before the end of a further 1-month period, give notice of—
a: the change in his or her place of residence; and
b: the address of his or her new place of residence.
3: Notice under subsection (2)
a: in an approved electronic medium; or
b: by applying, under section 83
c: in writing (personally, or through an agent) to—
i: Registrar B; or
ii: Registrar A.
4: An elector who has a physical or mental impairment may give notice under subsection (2) section 86
5: If notice under subsection (2) subsection (3)(a)
a: register that elector, in accordance with section 89
b: give notice of that registration to—
i: the elector, in accordance with section 89A
ii: Registrar A, who must, in accordance with section 98(1)(a), remove the elector's name from roll A.
6: If notice under subsection (2) subsection (3)(b)
a: deal with the application in accordance with sections 88 to 89A
b: if he or she registers the name of the elector on roll B, give notice of that registration to Registrar A, who must, in accordance with section 98(1)(a), remove the elector's name from roll A.
7: If notice under subsection (2) subsection (3)(c)(i)
8: If notice under subsection (2) subsection (3)(c)(ii) subsection (7) subsections (9) to (13)
9: If Registrar A believes that at least 1 month has elapsed since the change in the elector's place of residence, Registrar A must send to the elector a request for confirmation of the elector's new place of residence.
10: A request under subsection (9)
a: in writing, in the prescribed form, and contain—
i: the particulars of the enrolment of the elector to whom it is addressed; and
ii: the address of the elector's new place of residence; and
iii: provision for the elector to make changes to the information referred to in subparagraphs (i) and (ii)
b: in an approved electronic medium that enables the elector to make changes to—
i: the elector's particulars of enrolment; and
ii: the particulars of the address of the elector’s new place of residence.
11: An elector who receives a request made pursuant to subsection (10)(a)
12: An elector who receives a request made pursuant to subsection (10)(b)
13: After a form is returned under subsection (11) subsection (12)
a: register that elector, in accordance with section 89
b: give notice of that registration to—
i: the elector in accordance with section 89A
ii: Registrar A, who must, in accordance with section 98(1)(a), remove the elector's name from roll A.
14: An elector who knowingly or wilfully fails to comply with subsection (2)
a: not exceeding $100 on a first conviction; and
b: not exceeding $200 on any subsequent conviction.
15: Despite subsection (14) subsection (2)
16: In this section,— Registrar A Registrar B roll A roll B Updating of electoral rolls
89D: Inquiry to be made to update electoral rolls
1: Every Registrar must, at the times required by or under this section, direct an inquiry to be made in relation to the particulars on the roll for every person registered as an elector of the district.
2: An inquiry must be made,—
a: where practicable, within the period of 12 months ending with the day on which a Parliament is due to expire; and
b: at any other time directed by the Electoral Commission.
3: In any year in which a triennial general election of members of any local authority must be held under the Local Electoral Act 2001, every Registrar of a district that is, in part or in whole, within the local government area of a local authority must direct an inquiry to be made concerning the particulars on the roll of every person who—
a: is registered as an elector of that district; and
b: appears from those particulars to reside within that local government area.
4: If a roll that is not yet in force has been compiled under section 101(1), the inquiry directed to be made under this section must be in respect of that roll.
5: Every inquiry made under subsection (1)
a: be in the prescribed form; and
b: contain the particulars on the roll for the elector to whom it is addressed; and
c: require the elector, if any of those particulars have changed or are incorrect, to notify the Registrar by—
i: changing or correcting on the form where provided any particular that is wrong, and returning the form; or
ii: using an approved electronic medium to make any change or correction required to the particulars.
6: An elector who has a physical or mental impairment may give a notification required by subsection (5) section 86
7: For the purposes of this section,—
a: a person registered as an elector
b: the particulars contained in the application to register are the particulars on the roll for that person.
89E: No inquiry required if application for registration as elector received
If a Registrar receives, during an inquiry under section 89D(1)
a: that application is deemed to be a completed form for the purposes of section 89D
b: the Registrar must notify that elector that he or she will not receive an inquiry under section 89D
89F: Procedure following inquiry under section 89D
1: If, following an inquiry under section 89D section 89D(5)(c)
a: the Registrar must,—
i: in accordance with section 98(1)(a), remove the elector's name from the roll for the district in which the elector previously resided; and
ii: ensure that the notification is sent to the Registrar for the new electoral district (the new Registrar
b: the notification is deemed to be an application for registration for the purposes of section 82
c: the new Registrar must register that elector, in accordance with section 89
2: If, following an inquiry under section 89D section 89D(5)(c) subsection (1)
3: An elector remains on the roll and his or her particulars on the roll remain unchanged if—
a: the Registrar does not receive from the elector a form or information under section 89D(5)(c)
b: the Registrar receives from the elector a form or information under section 89D(5)(c)
4: A form that a person intends to return, or returns, under section 89D(5)(c)(i) subsections (1)(a), (2), and (3) of section 83
5: Information that an elector intends to supply, or supplies, electronically under section 89D(5)(c)(ii)
a: is not an application in respect of registration as an elector required by section 83(1)(a)
b: may be rejected for incompleteness under section 83(3) section 83(2)(a), (b), (c), and (h)
89G: Elector who cannot be contacted to be included in dormant roll
1: This section applies if—
a: a Registrar is notified that an inquiry made under section 89D(1) section 78(2)
b: at any other time, the elector cannot be contacted at the elector’s address on the roll.
2: If this section applies, a Registrar must—
a: make any inquiry as to the whereabouts of the elector that the Registrar thinks fit or that the Electoral Commission directs; and
b: if the Registrar is unable to contact the elector, remove the name of the elector from the roll and include the name in the dormant roll maintained under section 109.
23: Sections 90 and 91 and cross-heading above section 90 repealed
Repeal sections 90 91
24: Section 127A amended (Deposit by party secretary)
Replace section 127A(2)
2: The deposit must be paid by—
a: direct credit to a bank account nominated by the Electoral Commission; or
b: bank cheque.
25: Section 146F amended (Deposit payable in respect of bulk nomination schedule)
Replace section 146F(2)
2: The deposit must be paid in 1 lump sum by—
a: direct credit to a bank account nominated by the Electoral Commission; or
b: bank cheque.
26: Section 167 amended (Issue of ordinary ballot papers)
Replace section 167(2)
2: An elector who applies to vote must—
a: verbally give or verbally confirm his or her name; and
b: give or confirm any other particulars that may be necessary to find the elector's name on the rolls.
2A: If an elector is unable to comply with the requirement in subsection (2)(a)
a: gesture; or
b: any other means with the assistance of a person nominated by the elector who is present with the elector.
27: Section 174C amended (Preliminary count of early votes)
In section 174C(5)(a) 3 pm 2 pm
28: Section 174F amended (Scrutineers for count of early votes)
In section 174F(4) 2.30 pm 1.30 pm
29: Section 205M amended (Return may be filed after time limitation if candidate outside New Zealand)
1: In section 205M(1) made ( election result day
2: Replace section 205M(2)
2: The candidate must file a return of election expenses with the Electoral Commission within 85 working days after election result day.
30: Section 205N amended (Offences relating to return of candidate's election expenses)
Replace section 205N(1)
1: A candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 205K during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period
1A: A candidate is guilty of a corrupt practice who, without reasonable excuse,—
a: files a return of election expenses under section 205K after the late period; or
b: fails to file a return of election expenses under section 205K.
31: Section 206I amended (Return of party's election expenses)
Replace section 206I(1)
1: Within 90 working days after polling day, a party secretary must file a return of the party's election expenses with the Electoral Commission.
32: Section 206N amended (Offences relating to return of party's election expenses)
Replace section 206N(1)
1: A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 206I during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period
1A: A party secretary is guilty of a corrupt practice who, without reasonable excuse,—
a: files a return of election expenses under section 206I after the late period; or
b: fails to file a return of election expenses under section 206I.
33: Section 206ZE amended (Offences relating to return of registered promoter's election expenses)
Replace section 206ZE(1)
1: A registered promoter commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 206ZC during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period
1A: A registered promoter is guilty of a corrupt practice who, without reasonable excuse,—
a: files a return of election expenses under section 206ZC after the late period; or
b: fails to file a return of election expenses under section 206ZC.
34: Section 207C amended (Contributors to be identified)
Replace section 207C(2) and (3)
2: If this section applies to a donation, the donor must, at the time of making the donation, disclose—
a: the fact that the donation is funded from contributions; and
b: the following information about any contribution that, either on its own or when aggregated with other contributions made by or on behalf of the same contributor to the donation, exceeds $1,500 in sum or value:
i: the name of the contributor; and
ii: the address of the contributor; and
iii: whether the contributor is an overseas person within the meaning of section 207K; and
iv: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and
c: the total of all of the amounts disclosed under paragraph (b)(iv)
d: the total of all of the other contributions made in relation to the donation.
35: Section 207K amended (Overseas donation or contribution may not exceed $1,500)
In section 207K(3) from an overseas person made by or on behalf of an overseas person or any contributions made by or on behalf of the same overseas person that when aggregated exceed $1,500
36: Section 209 amended (Return of candidate donations)
1: Replace section 209(1)(b)
b: whether section 207C applies to any donation and, if so, and to the extent known or ascertainable from the information supplied under that section, the details specified in subsection (3) .
2: In section 209(1)(e) exceeds $1,500 , either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $1,500
3: Replace section 209(3)
3: The details referred to in subsection (1)(b)
a: the name of the contributor; and
b: the address of the contributor; and
c: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and
d: the date on which the donation funded from contributions was made.
4: In section 209(5A)(c) contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions
37: Section 209B amended (Offences relating to return of candidate donations)
Replace section 209B(1)
1: A candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of candidate donations under section 209 during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period
1A: A candidate is guilty of a corrupt practice who, without reasonable excuse,—
a: files a return of candidate donations under section 209 after the late period; or
b: fails to file a return of candidate donations under section 209.
38: Section 210 amended (Annual return of party donations)
1: In section 210(1) by 30 April in each year, a return of the party donations setting out, for the year ending with the immediately preceding 31 December, for each year, a return of party donations setting out
2: Replace section 210(1)(b)
b: whether section 207C applies to any donation and, if so, and to the extent known or ascertainable from the information supplied under that section, the details specified in subsection (3) .
3: In section 210(1)(da) exceeds $1,500 , either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $1,500
4: Replace section 210(3)
3: The details referred to in subsection (1)(b)
a: the name of the contributor; and
b: the address of the contributor; and
c: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and
d: the date on which the donation, or each related donation, funded from contributions was made.
5: In section 210(5A)(c) contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions
6: Replace section 210(7)
7: A return must—
a: be filed by 30 April of the following year; and
b: be in the form required by the Electoral Commission; and
c: be accompanied by an auditor's report obtained under section 210A.
7: After section 210(8)
9: In this section, year
39: Section 210C amended (Return of party donation received from same donor exceeding $30,000)
1: In section 210C(4)(d) received ; and
2: After section 210C(4)(d)
e: the following details in respect of every contribution to the donation made by or on behalf of the same contributor that exceeds $30,000:
i: the name of the contributor; and
ii: the address of the contributor; and
iii: the amount of the contribution.
40: Section 210D amended (Offences relating to return of party donations)
1: Replace section 210D(1)
1: A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse,—
a: files a return of party donations under section 210 during the late period:
b: files a return of party donations under section 210C during the late period.
1A: A party secretary is guilty of a corrupt practice who, without reasonable excuse,—
a: files a return of party donations under section 210 or 210C after the late period; or
b: fails to file a return of party donations under—
i: section 210:
ii: section 210C.
2: After section 210D(2)
3: In this section, late period
41: New Part 6B inserted
Before Part 7
6B: Loans
211: Application of this Part
This Part applies to loans entered into on behalf of parties.
1: General provisions relating to loans
212: Interpretation
In this Part,— lender loan
a: means a written or an oral agreement or arrangement under which a lender lends money or agrees to lend money in the future at specified dates or on request or on the occurrence of a particular event; but
b: does not include any money lent by a registered bank at a commercial interest rate loan amount
a: the amount of money lent by the lender under the loan; or
b: where any money may be lent under the loan in the future, the maximum amount that may be owed at any one time; or
c: the total of the amounts in paragraphs (a) and (b) registered bank
213: Party secretary may enter into loan on behalf of party
1: A party may enter into a loan only with the authorisation of the party secretary.
2: Only the party secretary may enter into a loan on behalf of the party.
3: If the party secretary enters into a loan that is not in writing, the party secretary must, as soon as is reasonably practicable, make a written record of the loan.
4: A loan entered into in contravention of this section is an illegal contract for the purposes of the Illegal Contracts Act 1970.
214: Offence to enter into unauthorised loan
A person is guilty of—
a: a corrupt practice who wilfully contravenes section 213
b: an illegal practice who contravenes section 213
214A: Offence to enter into arrangement to circumvent section 213, 214C, or 214F
A person who enters into an agreement, arrangement, or understanding with any other person for the purpose of circumventing section 213 section 214C or 214F
214B: Records of loans
1: A party secretary must keep proper records of all loans entered into on behalf of the party.
2: A party secretary who fails, without reasonable excuse, to comply with subsection (1)
2: Disclosure of loans
214C: Annual return of loans
1: A party secretary must file with the Electoral Commission, for each year, a return setting out—
a: the details specified in subsection (2)
i: every loan entered into during the year that has a loan amount exceeding $15,000; and
ii: every loan entered into in any previous year that—
A: has a loan amount exceeding $15,000; and
B: at the close of 31 December of the year for which the return is filed, has an unpaid balance exceeding $15,000; and
b: the details specified in subsection (3)
i: the loan amounts of all other loans provided by the same lender during the year; or
ii: the unpaid balances of any loans provided by the same lender during any previous year; and
c: the details specified in subsection (4)
2: The details referred to in subsection (1)(a)
a: the name of the lender; and
b: the address of the lender; and
c: the loan amount; and
d: the date on which the loan was entered into; and
e: the repayment date for the loan, or a statement that there is no repayment date; and
f: the interest rate or rates; and
g: the unpaid balance of the loan amount, if any; and
h: the name and address of any guarantor of the loan; and
i: the details of any security given for the loan; and
j: whether there is any term of the loan agreement or arrangement that enables the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both.
3: The details referred to in subsection (1)(b)
a: the details specified in subsection (2)
b: the total of the aggregated loan amount.
4: The details referred to in subsection (1)(c)
a: the number of loans; and
b: the total of the aggregated loan amounts.
5: A return must—
a: be filed by 30 April of the following year; and
b: be in a form required by the Electoral Commission; and
c: be accompanied by an auditor's report obtained under section 214D
6: In this section, year
7: Despite anything in subsection (1)
214D: Auditor's report on annual return of loans
1: A party secretary must, before the Electoral Commission receives the return required by section 214C
2: The auditor must state in the report whether, in the auditor's opinion, the return fairly reflects the loans entered into by the party.
3: The auditor must make any examinations that the auditor considers necessary.
4: The auditor must specify in the report any case in which—
a: the return does not, in the auditor's opinion, fairly reflect the loans entered into by or on behalf of the party:
b: the auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties:
c: proper records of loans entered into by or on behalf of the party have not, in the auditor's opinion, been kept by the party secretary.
5: The auditor—
a: must have access at all reasonable times to all records, documents, and accounts that relate to the loans entered into by or on behalf of the party and that are held by the party or the party secretary; and
b: may require the party secretary to provide any information and explanation that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report.
214E: Nil return
If a party secretary considers that there is no relevant information to disclose under section 214C
214F: Return of loan provided by same lender exceeding $30,000
1: A party secretary must file with the Electoral Commission a return in respect of every loan entered into that has a loan amount exceeding $30,000.
2: A party secretary must file with the Electoral Commission a return in respect of every loan entered into—
a: that is provided by a lender who, in the 12 months immediately preceding the date on which the loan was entered into (the last 12 months previous loans
b: that exceeds $30,000 when the amount of the loan is aggregated with the loan amounts of all the previous loans.
3: If a return is made under subsection (2)
4: A return filed under subsection (1)
a: the name of the lender; and
b: the address of the lender; and
c: the loan amount; and
d: the date on which the loan was entered into; and
e: the repayment date for the loan, or a statement that there is no repayment date; and
f: the interest rate or rates; and
g: the unpaid balance of the loan amount, if any; and
h: the name and address of any guarantor of the loan; and
i: the details of any security given for the loan; and
j: whether there is any term of the loan agreement or arrangement that enables the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both.
5: A return filed under subsection (2)
a: the details specified in subsection (4)
i: the loan; and
ii: all previous loans; and
b: the total of the aggregated loan amount.
6: A return must be filed under subsection (1) or (2)
214G: Offences relating to return of party loans
1: A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse,—
a: files a return of party loans under section 214C
b: files a return of party loans under section 214F
2: A party secretary is guilty of a corrupt practice who, without reasonable excuse,—
a: files a return of party loans under section 214C or 214F
b: fails to file a return of party loans under—
i: section 214C
ii: section 214F
3: A party secretary who files a return under section 214C or 214F
a: a corrupt practice if he or she filed the return knowing it to be false in any material particular; or
b: an illegal practice in any other case unless the party secretary proves that—
i: he or she had no intention to misstate or conceal the facts; and
ii: he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate.
4: A party secretary charged with an offence against subsection (3)(a) subsection (3)(b)
5: In this section, late period
214H: Duty of Electoral Commission
1: If the Electoral Commission believes that any person has committed an offence specified in this Part, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.
2: Subsection (1)
214I: Obligation to retain records necessary to verify return of party loans
1: A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable returns under sections 214C and 214F
2: A party secretary who fails, without reasonable excuse, to comply with subsection (1)
214J: Return of party loans to be publicly available
1: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, the following returns and reports:
a: a return filed under section 214C
b: a report obtained under section 214D paragraph (a)
c: a return filed under section 214F
2: During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return and report referred to in subsection (1)
3: The Electoral Commission may make inspection under subsection (2)
42: New section 243A inserted (Orders to be made by court after determination under section 243 if list seats allocated)
After section 243
243A: Orders to be made by court after determination under section 243 if list seats allocated
1: This section applies if, at the conclusion of the trial of an election petition,—
a: the court determines, under section 243, that the candidate who was duly elected was not declared elected under section 179(2) and the candidate who was declared elected under section 179(2) was not duly elected; and
b: an allocation of seats by the Electoral Commission under sections 191 to 193 has been made.
2: If this section applies, the court must—
a: make an order that any declaration of election made pursuant to section 193(5) is invalid so far as it relates to the election of any specified candidate and that the election of any specified candidate is void; and
b: order that the Electoral Commission repeat any or all of the procedures prescribed by sections 191 to 193 and make a further declaration under section 193(5); and
c: immediately certify in writing to the Speaker the orders made under paragraphs (a) and (b)
3: The orders certified under subsection (2)(c)
43: Section 266A amended (Expenditure limits to be adjusted each year by Order in Council)
After section 266A(6)
6A: If in any year a regulated period for a general election or a by-election commences before 1 July and ends on or after that date,—
a: the adjustments to the amounts referred to in subsection (1) made by the Order in Council that commences on 1 July of that year do not apply in respect of that election or by-election; and
b: the adjustments to the amounts referred to in subsection (1) made by the Order in Council of the previous year apply to that election or by-election.
44: Schedule 2 amended
1: In Schedule 2 CD, Minister of Justice
2: In Schedule 2 CD, Minister of Justice
3: In Schedule 2 CD, Minister of Justice
45: Other amendments to principal Act
1: Amend the principal Act in the manner set out in the Schedule
2: By way of explanation,—
a: the amendments in Part 1
b: the amendments in Part 2 Part 1
c: the amendments in Part 3
46: Transitional provision for party logos registered before commencement date
1: If the logo of a political party was registered before the commencement date and on that date the political party is a registered political party, the logo of that party is deemed to be registered under section 71F
2: If the logo of a political party was registered before the commencement date and on that date the political party is not a registered political party, the Electoral Commission must cancel the registration of the party logo.
3: If the Electoral Commission cancels the registration of a party logo under subsection (2)
4: In this section, commencement date
47: Transitional provision for loans entered into on behalf of parties before commencement date
1: Nothing in Part 6B
2: To avoid doubt, nothing in section 214C 214F
3: In this section, commencement date
2: Consequential amendments to other enactments
Amendments to Citizens Initiated Referenda Act 1993
48: Amendments to Citizens Initiated Referenda Act 1993
1: This section amends the Citizens Initiated Referenda Act 1993
2: In the Schedule Signature of Minister of Justice:
3: In the Schedule Signature of Minister of Justice: 2014-03-25 Citizens Initiated Referenda Act 1993 Amendment to Referenda (Postal Voting) Act 2000
49: Amendment to Referenda (Postal Voting) Act 2000
1: This section amends the Referenda (Postal Voting) Act 2000
2: In section 3(1) electoral roll section 83A and 83D sections 89C and 89F 2014-03-25 Referenda (Postal Voting) Act 2000 Amendment to Electoral (Administration) Amendment Act 2011
50: Amendment to Electoral (Administration) Amendment Act 2011
1: This section amends the Electoral (Administration) Amendment Act 2011
2: Repeal section 38 2014-03-25 Electoral (Administration) Amendment Act 2011 Amendments to Electoral Regulations 1996
51: Amendments to Electoral Regulations 1996
Sections 51 to 55 amend the Electoral Regulations 1996 2014-03-25 Electoral Regulations 1996
52: Regulation 3 replaced (Application for registration)
Replace regulation 3
3: Application for registration
Every application for registration as an elector made under section 83(1)(a)
53: Regulation 4A amended (Updating of electoral rolls)
In regulation 4A section 83(1) section 89D(1)
54: Regulation 4B amended (Transfer of electors between electorates)
In regulation 4B under section 83D(3) made pursuant to section 89C(10)(a)
55: Schedule 1 amended
1: In Schedule 1 r 3(a) r 3
2: In Schedule 1, revoke form 2


1: Title
This Act is the Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014.
2: Commencement
1: Section 39 section 134C
2: Before the date appointed for section 39
3: The rest of this Act comes into force on the day immediately after the expiry of the period of 3 months that starts on the date on which this Act receives the Royal assent. Principal Act
3: Principal Act
This Act amends the Customs and Excise Act 1996 principal Act 2014-06-25 Customs and Excise Act 1996 Trade Single Window amendments effective 3 months after assent
4: Section 2 amended (Interpretation)
1: In section 2(1) cargo aggregator
a: in bulk cargo containers, or otherwise; and
b: under a shared space, or other negotiated volume of cargo, arrangement with the craft's owner or operator computer system
a: a computer:
b: 2 or more interconnected (within the meaning of subsection (4)
c: any communication links between computers or to remote terminals or another device:
d: 2 or more interconnected (within the meaning of subsection (4) Joint Border Management System JBMS section 131A .
2: After section 2(3)
4: For the purposes of the definition of computer system, a computer is interconnected with another computer if it can be lawfully used to provide access to that other computer—
a: with or without access information; and
b: whether or not either or both computers are currently turned on; and
c: whether or not access is currently occurring.
5: New section 3A inserted (Transitional and savings provisions relating to amendments to this Act)
After section 3
3A: Transitional and savings provisions relating to amendments to this Act
Schedule 1AA
a: relating to amendments made to this Act on the day immediately after the expiry of the period of 3 months that starts on the date on which the Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 receives the Royal assent; and
b: that affect other provisions of this Act ( see section 306A
6: Section 21 amended (Advice of arrival, etc)
1: Repeal section 21(1)(a)(v) and (vi)
2: Replace section 21(2)
2: The information referred to in subsection (1)(a)—
a: may be provided, on behalf of the person in charge of the craft, by—
i: the owner or operator of the craft referred to in subsection (1); or
ii: an agent of the owner or operator; and
b: must be accompanied by such supporting documents (being documents each of which is genuine, not erroneous in a material particular, and not misleading) as the chief executive may require.
7: New section 21A inserted (Inward cargo report)
After section 21
21A: Inward cargo report
1: This section applies to cargo on a craft if the craft is—
a: en route to, or has arrived in, New Zealand, from a point outside New Zealand; or
b: carrying goods subject to the control of the Customs brought in that craft or any other craft from a point outside New Zealand.
2: Every person responsible for the carriage of the cargo on the craft must give to the Customs, before the prescribed deadline, a report on the cargo, unless a particular person of that kind is exempted from doing so because—
a: that person has been advised by the chief executive that 1 or more other persons of that kind have already done so; or
b: under this paragraph, and for another reason, the chief executive approves that person's being exempted from doing so.
3: A person is, for this section's purposes, responsible for the carriage of cargo on a craft only if the person (whether or not the person owns, or has any proprietary interest of any kind in, all or any part of the cargo) is—
a: a person who is, or who is the agent of, the owner or operator of the craft; or
b: a cargo aggregator who, in the course of that cargo aggregator's business, has (in or outside New Zealand) arranged for the carriage of the cargo on the craft under a shared space, or other negotiated volume of cargo, arrangement with the craft's owner or operator.
4: The report must contain such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed, and must be given in the prescribed form and manner.
5: The information referred to in subsection (4)
6: Information supplied under this section is subject to, but this section does not limit, section 204A
8: Section 34 amended (Certificate of clearance)
In section 34(a) outward report advance notice of departure
9: New section 34AA inserted (Advance notice of departure may be provided by, or by agent of, owner or operator of craft)
After section 34
34AA: Advance notice of departure may be provided by, or by agent of, owner or operator of craft
The advance notice of departure referred to in section 34(a) may be provided, on behalf of the person in charge of the craft referred to in section 34, by—
a: the owner or operator of the craft; or
b: an agent of the owner or operator.
10: New section 37A inserted (Outward cargo report)
After section 37
37A: Outward cargo report
1: This section applies to cargo on a craft if—
a: the craft is to depart, or has departed, for a point outside New Zealand from a place in New Zealand; and
b: the cargo is commercial or non-commercial cargo for discharge outside New Zealand.
2: Every person responsible for the carriage of the cargo on the craft must give to the Customs, before the prescribed deadline (which may be a time before or after the craft's departure from the point in New Zealand), a report on the cargo, unless a particular person of that kind is exempted from doing so because—
a: that person has been advised by the chief executive that 1 or more other persons of that kind have already done so; or
b: under this paragraph, and for another reason, the chief executive approves that person's being exempted from doing so.
3: A person is, for this section's purposes, responsible for the carriage of cargo on a craft only if the person (whether or not the person owns, or has any proprietary interest of any kind in, all or any part of the cargo) is—
a: a person who is, or who is the agent of, the owner or operator of the craft; or
b: a cargo aggregator who, in the course of that cargo aggregator's business, has (in or outside New Zealand) arranged for the carriage of the cargo on the craft under a shared space, or other negotiated volume of cargo, arrangement with the owner or operator of the craft.
4: The report must contain such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed, and must be given in the prescribed form and manner.
5: The information referred to in subsection (4)
6: Information supplied under this section is subject to, but this section does not limit, section 204A
11: New section 48A and cross-heading inserted
After section 48 Transhipments: international or domestic
48A: Transhipment requests
1: This section applies to cargo on a craft if—
a: the craft—
i: is en route to, or has arrived in, New Zealand, from a point outside New Zealand; or
ii: is carrying goods subject to the control of the Customs brought in that craft or any other craft from a point outside New Zealand; or
iii: is to depart, or is departing, for a point outside New Zealand from a place in New Zealand; and
b: the cargo is to be or has been imported, but is to be or is being transhipped, either—
i: internationally, in that it is not to be entered for home consumption in New Zealand, but is destined for, and will remain subject to the control of the Customs at all times until it reaches, a point outside New Zealand; or
ii: domestically, in that it is not to be entered for home consumption at the (Customs or other) place to which the craft proceeded directly on arriving within New Zealand, but is destined for, and will remain subject to the control of the Customs at all times until it reaches, and is entered for home consumption at, some other (Customs or other) place within New Zealand.
2: Any person may, before the prescribed deadline, make to the chief executive a transhipment request in respect of the cargo.
3: The request must—
a: contain such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed; and
b: be made in the prescribed form and manner; and
c: be accompanied by such supporting documents (being documents each of which is genuine, not erroneous, and not misleading) as the chief executive may require.
4: Information supplied under this section is subject to, but this section does not limit, section 204A
5: The chief executive must as soon as is reasonably practicable agree to or decline each transhipment request made.
6: A transhipment request agreed to by the chief executive authorises (under section 47(1)(a)) removal of the cargo from a Customs controlled area, for the transhipment purposes, and on the conditions (if any), the chief executive specifies when agreeing to the request.
7: However, a transhipment request agreed to by the chief executive does not limit or affect enactments in or under other Acts that apply to the cargo (for example, enactments in or under the Biosecurity Act 1993 on uncleared goods).
8: A person who is dissatisfied with a decision of the chief executive under subsection (4) Duties amendments effective 3 months after assent
12: Section 79A amended (Power to alter rates of excise duty and excise-equivalent duty on motor spirits by Order in Council)
In section 79A(2) motor spirits motor spirits
a: motor spirit, or fuels that contain motor spirit; or
b: specified in the Excise and Excise-equivalent Duties Table under (or under later items or numbers that, with or without modification, replace, or correspond to) any of the following numbers or items (specified in that Table on the commencement of this definition):
i: excise item numbers 99.75.05F, 99.75.23D, 99.75.29C, 99.75.37D, 99.75.51K, 99.75.59E, 99.75.73L, 99.75.81A, and 99.75.93E; and
ii: Tariff items 2207.20.23, 2207.20.35, 2710.12.15, 2710.12.17, 2710.12.19, 2710.12.23, 2710.12.25, 2710.12.29, 2710.19.34, 2710.19.42, 3824.90.87, 3824.90.93, and 3826.00.20.
13: Section 81 amended (Power of Governor-General in Council to suspend, remit, refund, or create exemptions from excise duties and excise-equivalent duties on goods supplied to certain organisations and their members)
1: In section 81(1)(a) Minister chief executive
2: After section 81(2)
3: An approval that was given by the Minister under subsection (1)(a) (as in force before the commencement of this subsection) and that was in force immediately before that commencement continues in force after that commencement as if it had been given (and may be amended, revoked, or revoked and replaced) by the chief executive under subsection (1)(a) (as in force after that commencement).
3: Subsection (4) amends the Excise and Excise-Equivalent Duties Exemption (Inter-Governmental Agreements) Order 1996
4: In the Schedule
a: replace Schedule 3 of the Customs and Excise Act 1996 the Excise and Excise-equivalent Duties Table (as defined in section 76A of the Customs and Excise Act 1996)
b: replace Minister of Customs chief executive (as defined in section 2(1) of the Customs and Excise Act 1996) 2014-06-25 Excise and Excise-Equivalent Duties Exemption (Inter-Governmental Agreements) Order 1996 subsection (3) amends the above act
14: Section 109 replaced (Reimportation of goods exported)
Replace section 109
109: Reimportation of goods exported
1: This section applies to goods only if the goods—
a: have been exported from New Zealand, and are to be or have been reimported into New Zealand; and
b: when reimported into New Zealand, are to be or are in substantially the same condition as when exported from New Zealand.
2: The goods may, in any cases, and under any conditions, the chief executive from time to time approves, be readmitted—
a: free of duty; or
b: at a rate or amount of duty the chief executive determines and that does not exceed the greater of the following:
i: the rate or amount of duty that would be payable on the goods if imported for the first time:
ii: the rate or amount of drawback of duty allowed under section 117 when the goods were (last) exported.
15: Section 118 amended (Regulations may prescribe minimum duty collectable or refundable and minimum drawback allowable)
1: In the heading to section 118 minimum duty collectable or refundable minimum duty collectable, value of goods below which duty need not be collected, minimum duty refundable,
2: After section 118(a)
ab: the value of goods below which duty need not be collected, how that value must be determined (despite anything to the contrary in this Act and, in particular, in the definition of Customs value or value in section 2(1), and in sections 60, 61, 63(6)(a), and 229(1)(a), and Schedule 2), and the circumstances in which that duty need not be collected; and .
3: In section 118
2: Regulations made under section 286 and prescribing all or any of the matters specified in subsection (1)(a) or (ab)
3: Before making a recommendation under subsection (2)
4: For the purposes of subsection (3)
5: A failure to comply with subsection (3) subsection (2) Trade Single Window amendments effective 3 months after assent
16: Part 11 replaced
Replace Part 11
11: Joint Border Management System (JBMS)
131A: Joint Border Management System (JBMS) defined
Joint Border Management System JBMS
a: is designed for the collection, storage, and use of border information (as defined in section 282D) by—
i: the Ministry (as defined in section 282D); and
ii: the Customs; and
b: enables entities to transmit information to it, and receive information from it, through systems that include, or may include, a system called Trade Single Window.
131: Access generally restricted to registered users
An entity must not access, transmit information to, or receive information from, the JBMS, unless that entity is—
a: a registered JBMS user (acting through a representative, if the entity is not an individual ordinarily resident in New Zealand); or
b: otherwise authorised by or on behalf of the chief executive to do so.
132: Application to be registered JBMS user
1: Any entity that wants to be a registered JBMS user may send the chief executive an application to be a registered JBMS user.
2: The entity may be an individual, a body corporate (whether incorporated in or outside New Zealand), or an unincorporated body of persons but, if the entity is not an individual ordinarily resident in New Zealand, the entity must nominate 1 or more individuals ordinarily resident in New Zealand to be the entity's representative or representatives.
3: The application must be written and in the prescribed form.
4: The applicant entity must provide, with and in relation to the application, the information prescribed.
5: The chief executive may require the applicant entity to provide either or both of the following:
a: any additional information the chief executive considers necessary for the purposes of the application:
b: evidence of the entity's competence in any area the chief executive considers relevant to the application.
6: The chief executive may, if the applicant entity is a body corporate or an unincorporated body, require additional information or evidence of that kind (including, without limitation, evidence of the competence in any area the chief executive considers relevant of all or any individuals who are representatives or other agents or employees of the entity) from all or any individuals (however described) concerned in the entity's management.
132A: Chief executive must determine application
1: The chief executive must determine an application to be a registered JBMS user by—
a: granting the application (subject to any conditions the chief executive thinks fit), if satisfied the applicant entity (including every nominated representative, if any, of the entity) is (subject to those conditions, if any) fit and proper to be (or, as the case requires, to be a or the nominated representative of) a registered JBMS user; or
b: refusing the application, in every other case.
2: In determining whether the applicant entity (including every nominated representative, if any, of the entity) is fit and proper to be (or, as the case requires, to be a or the nominated representative of) a registered JBMS user, the chief executive may consider all relevant information available to the chief executive, and may take into account all or any of the following that apply to, or in respect of, the applicant entity (including every nominated representative, if any, of the entity):
a: a serious or repeated failure by or on behalf of the applicant entity to comply with requirements in or under this Act, the Biosecurity Act 1993, the Hazardous Substances and New Organisms Act 1996, or any other enactment that regulates the importation of goods (or with requirements in or under any corresponding overseas laws):
b: convictions for any border-related offence, dishonesty offence, or drugs offence (as those terms are defined by section 132B
c: other relevant grounds (including, without limitation, all other relevant grounds prescribed) for considering that the applicant entity (or, as the case requires, a or the nominated representative of the entity) is (in any way, and to any extent) likely to fail to comply with requirements in or under this Act, the Biosecurity Act 1993, or both (including, without limitation, the requirement to comply with conditions imposed under subsection (1)(a)
3: Conditions imposed under subsection (1)(a)
4: The chief executive must give written notice of his or her decision to the applicant entity.
5: An applicant entity that is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.
132B: Border-related offence, dishonesty offence, and drugs offence defined
1: Border-related offence sections 132A(2)(b) and 135(1)(c)
a: Agricultural Compounds and Veterinary Medicines Act 1997:
b: Animal Products Act 1999:
c: Biosecurity Act 1993:
d: Food Act 1981:
e: Hazardous Substances and New Organisms Act 1996:
f: Human Assisted Reproductive Technology Act 2004:
g: Immigration Advisers Licensing Act 2007:
h: Immigration Act 2009:
i: Passports Act 1992:
j: Protected Objects Act 1975:
k: Terrorism Suppression Act 2002:
l: Trade in Endangered Species Act 1989:
m: regulations under the United Nations Act 1946:
n: Wine Act 2003:
o: any other enactment involving the unlawful entry into, or unlawful removal from, New Zealand, of a person, matter, or thing.
2: Dishonesty offence sections 132A(2)(b) and 135(1)(c)
3: Drugs offence sections 132A(2)(b) and 135(1)(c)
133: Assignment, use, and security of unique user identifier
1: An applicant entity that is registered as a JBMS user may be assigned by the chief executive a unique user identifier—
a: for use by the entity, or for use on its behalf by a or the nominated representative of it, in relation to the JBMS; and
b: in a form, or of a nature, that the chief executive determines.
2: Subsection (1)
a: authorises the Director-General (as defined in section 282D) to assign to an applicant entity that is an individual, or to an individual who is a or the nominated representative of an applicant entity that is not an individual, and to use for the purposes of the JBMS, a unique identifier that, to the Director-General's knowledge, has been assigned to that individual by another agency (namely by the Customs, under subsection (1)
b: overrides information privacy principle 12(2) of (in section 6 of, and as contemplated by section 7(4) of) the Privacy Act 1993.
3: A unique user identifier assigned under subsection (1)
4: The chief executive may, by notice in writing, impose conditions on a particular registered JBMS user (including every nominated representative, if any, of the user), or on registered JBMS users generally (including every nominated representative, if any, of the users), relating to the use and security of unique user identifiers.
134: Use of unique user identifier presumed secure
1: If information is transmitted to the JBMS using a unique user identifier issued to a registered JBMS user by the chief executive for that purpose, the transmission of that information is, in the absence of proof to the contrary, sufficient evidence that the registered JBMS user or nominated representative of a registered JBMS user to whom the unique user identifier has been issued has transmitted that information.
2: If a unique user identifier is used by an individual who is not entitled to use it, subsection (1)
134A: Conditions on registration of registered users
1: The chief executive may impose a condition on the registration of either or both of the following:
a: a specified registered JBMS user or class of registered JBMS users (including every nominated representative, if any, of the user or users):
b: all registered JBMS users (including their nominated representative or representatives, if any).
2: Conditions imposed under subsection (1)
3: A condition imposed under subsection (1) subsection (4)
a: the 20th working day after the date of notification of the imposition of the condition on the registered JBMS user's registration; or
b: a later date specified by the chief executive.
4: A registered JBMS user that is dissatisfied with the imposition under subsection (1)
5: If the Customs Appeal Authority is of the view that the imposition under subsection (1)
a: the 10th working day after the date of notification of the Authority's decision; or
b: a later date specified by the Customs Appeal Authority.
134B: Border information supplied using JBMS must be supplied in approved form and manner
1: This section applies to a requirement by or under this Act to supply to the Customs any border information (as defined in section 282D).
2: Any person who uses the JBMS to comply with the requirement (including, without limitation, by supplying the information to the Ministry, or to an appointed agency, in accordance with section 282G or 282K) must supply the information in a form and manner—
a: for complying with the requirement by using the JBMS; and
b: for the time being generally approved in writing by the chief executive.
3: The approved form and manner referred to in subsection (2)
a: must be notified via an Internet site that is, so far as practicable, publicly available free of charge; and
b: may be set out, for the information of registered JBMS users, in Customs rules under section 288(1)(j)
135: Cancellation or suspension of registration
1: The chief executive may by written notice to a registered JBMS user (which must state grounds for the cancellation) cancel that registered JBMS user's registration if satisfied that the user (or, as the case requires, a or the nominated representative of the user)—
a: has failed to comply with a condition imposed by the chief executive under section 132A(1)(a) or 133(4)
b: has failed to comply with a condition imposed by the chief executive under section 134A(1) section 134A(3) and (4)
c: has been convicted of any border-related offence, dishonesty offence, or drugs offence (as those terms are defined by section 132B
d: is, on 1 or more prescribed grounds, unfit to continue to be (or, as the case requires, to be a or the nominated representative of) a registered JBMS user.
2: The chief executive may (despite subsection (1)
a: has failed to comply with a condition imposed by the chief executive under section 132A(1)(a) or 133(4)
b: has failed to comply with a condition imposed by the chief executive under section 134A(1) section 134A(3) and (4)
3: The date or event specified in the notice under subsection (2) section 132A(1)(a), 133(4), or 134A(1)
4: An entity dissatisfied with a decision of the chief executive under this section to cancel or suspend that entity's registration as a JBMS user may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.
136: Customs must keep records of transmissions
1: The Customs must keep a record of every transmission using the JBMS sent to, or received from, a registered JBMS user (including, without limitation, by way of a or the nominated representative of the user).
2: The record described in subsection (1)
a: 7 years starting on the day after the date of the sending, or as the case requires the receipt, of the transmission; or
b: any other period prescribed.
17: Section 182 amended (Unauthorised access to or improper use of Customs computerised entry processing system)
1: In the heading to section 182 Customs computerised entry processing system JBMS
2: In section 182(1)(a), (b), and (c) any Customs computerised entry processing system the JBMS
3: In section 182(1)(b) such a computer system the JBMS
18: Section 183 amended (Interference with Customs computerised entry processing system)
1: In the heading to section 183 Customs computerised entry processing system JBMS
2: In section 183(1)(a) and (b) any Customs computerised entry processing system the JBMS
3: In section 183(1)(c)
a: replace duplicate tape or disc or other medium computer system
b: replace a Customs computerised entry processing system the JBMS
19: Section 184 amended (Offences in relation to security of, or unauthorised use of, unique user identifiers)
1: In section 184(1) a Customs computerised entry processing system the JBMS
2: In section 184(2) Customs computerised entry processing system JBMS
20: Section 191 amended (Offences in relation to arrival of craft)
1: In section 191(1)(a) 21(1) 21
2: After section 191(1)(a)(iii)
iiia: to ensure that information referred to in section 21(1)(a) is accompanied by the supporting documents required under section 21(2)(b)
iiib: to ensure that each supporting document that, as required under section 21(2)(b) .
21: New section 192A inserted (Offences in relation to inward cargo report)
After section 192
192A: Offences in relation to inward cargo report
1: A person commits an offence if the person fails to comply with any 1 or more or all of the following requirements in section 21A
a: to give to the Customs before the prescribed deadline a report on the cargo:
b: to give to the Customs a report containing such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed:
c: to give a report to the Customs in the prescribed form and manner:
d: to ensure that information referred to in section 21A(4) section 21A(5)
e: to ensure that each supporting document that, as required under section 21A(5) section 21A(4)
2: Every person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $15,000.
22: Section 193 amended (Offences in relation to departure of craft)
In section 193(1)(b)(i) outward reports advance notices of departure
23: Section 194 amended (Offences in relation to outward report)
1: In the heading to section 194 outward report advance notice of departure
2: In section 194(1)(a) outward report advance notice of departure
3: In section 194(1)(b) report advance notice
24: New sections 194B and 194C inserted
After section 194A
194B: Offences in relation to outward cargo report
1: A person commits an offence if the person fails to comply with any 1 or more or all of the following requirements in section 37A
a: to give to the Customs before the prescribed deadline a report on the cargo:
b: to give to the Customs a report containing such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed:
c: to give a report to the Customs in the prescribed form and manner:
d: to ensure that information referred to in section 37A(4) section 37A(5)
e: to ensure that each supporting document that, as required under section 37A(5) section 37A(4)
2: Every person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $15,000.
194C: Offences in relation to transhipment requests
1: A person who makes, or purports to make, a transhipment request, commits an offence if the person fails to comply with any 1 or more or all of the following requirements in section 48A
a: to make the request to the chief executive before the prescribed deadline:
b: to ensure that the request contains such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed:
c: to ensure that each supporting document that, as required under section 48A(3)(c)
2: Every person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $15,000.
25: Section 195 amended (Defences)
In section 195 194A 194C
26: New section 204A inserted (Offence relating to failure to update information supplied in advance)
After section 204
204A: Offence relating to failure to update information supplied in advance
1: This section applies to a person, and to information that the person supplies to the chief executive, the Customs, or a Customs officer, if—
a: the person supplies the information for the purposes of an enactment in or made under this Act, and before the deadline prescribed by or under this Act for doing so; and
b: the information becomes erroneous, or misleading in a material particular, after it is supplied but before that deadline and before the person is notified of any decision made in response to the information.
2: The person commits an offence if the person—
a: knows, or ought reasonably to know, that the information has become erroneous or misleading in a material particular; and
b: fails to take all reasonable steps to supply to the chief executive, the Customs, or a Customs officer, as soon as is reasonably practicable, replacement information that is not erroneous, or misleading in a material particular.
3: Every person who commits an offence against subsection (2) subsection (2)(a)
a: in the case of an individual, to a fine not exceeding $1,000; or
b: in the case of a body corporate, to a fine not exceeding $5,000.
4: Every person who commits an offence against subsection (2) subsection (2)(a)
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $50,000.
27: Section 282D amended (Definitions)
1: In section 282D biosecurity-related border management function Ministry-related border management function
a: any function, duty, or power imposed or conferred on the Ministry by or under Part 3 of the Biosecurity Act 1993:
b: any other function, duty, or power imposed or conferred on the Ministry by or under the Biosecurity Act 1993 that is necessary—
i: to achieve the purpose of Part 3 of that Act; or
ii: for the administration of Part 3 of that Act:
c: any function, duty, or power imposed or conferred on the Ministry by or under any of the following Acts in relation to the effective management of risks associated with the movement of goods, persons, or craft into or out of New Zealand:
i: the Food Act 1981:
ii: the Hazardous Substances and New Organisms Act 1996:
iii: the Agricultural Compounds and Veterinary Medicines Act 1997:
iv: the Animal Products Act 1999:
v: the Wine Act 2003:
vi: any other Act specified by Order in Council made under section 165A of the Biosecurity Act 1993 .
2: In section 282D border protection purpose biosecurity-related Ministry-related
3: In section 282D
a: the definition of computer system
b: the definition of Joint Border Management System JBMS
28: Section 282E amended (Purpose of sections 282F to 282H)
1: In section 282E operational fully
2: In section 282E(b) biosecurity-related Ministry-related
29: Section 282I amended (Expiry of sections 282E to 282H and agreements made under section 282H)
1: After section 282I(1)
1A: A date later than 1 July 2015 appointed by an Order in Council under subsection (1) may, before that date, be replaced by another date later than 1 July 2015 appointed by a later Order in Council under subsection (1).
2: In section 282I(2) implementation full operationalisation
30: New section 282JAA inserted (Application of sections 282J to 282L)
Before section 282J
282JAA: Application of sections 282J to 282L
1: Sections 282J to 282L apply to border information only on and after the date of expiry of the interim arrangements for information sharing (as that date of expiry is provided in section 282I(1)).
2: The interim arrangements for information sharing are the arrangements under all or any of the following:
a: sections 282E to 282H (and any agreements under section 282H) of this Act; and
b: sections 41B to 41E (and any agreements under section 41E) of the Biosecurity Act 1993.
3: On that date of expiry (as provided in section 282I(1)), sections 282E to 282I, and the cross-heading above section 282E, are repealed, and all orders (if any) under section 282I(2) are revoked.
31: Section 284 amended (Giving of notice)
1: In section 284(1)(g)
a: replace a Customs computerised entry processing system and uses the system the JBMS and uses the JBMS
b: replace the relevant Customs computerised entry processing system the JBMS
2: In section 284(2)(f)
a: replace a Customs computerised entry processing system and uses the system the JBMS and uses the JBMS
b: replace the relevant Customs computerised entry processing system the JBMS
3: In section 284(3)(e)
a: replace a Customs computerised entry processing system and uses the system the JBMS and uses the JBMS
b: replace the relevant Customs computerised entry processing system the JBMS
4: In section 284(4)(d)
a: replace a Customs computerised entry processing system the JBMS
b: replace the relevant Customs computerised entry processing system the JBMS
32: Section 285 amended (Additional provision relating to notices under this Act)
In section 285(2)(f) the relevant Customs computerised entry processing system the JBMS
33: Section 286 amended (Regulations)
1: Repeal section 286(1)(b) and (ba)
2: After section 286(1)(d)
da: prescribing the deadline before which inward cargo reports must (under section 21A(2)
db: prescribing the deadline before which outward cargo reports must (under section 37A(2) .
3: In section 286(1)(e) must (under section 26(2)(a))
4: In section 286(1)(ga) outward reports advance notices of departure
5: After section 286(1)(j)
ja: prescribing the deadline before which transhipment requests must (under section 48A(2) .
6: Replace section 286(1)(x), (xa), and (y)
ya: prescribing, for the purposes of section 132A(2)(c)
yb: prescribing, for the purposes of section 135(1)(d)
yc: prescribing for the purposes of section 136(2)(b) section 136(2)(a) .
34: Section 286B amended (Regulations made under section 286A to be confirmed)
1: In section 286B(1) validated and
2: In section 286B(2) validating and
35: Section 288 amended (Chief executive may make rules for certain purposes)
1: Before section 288(1)(a)
aaa: prescribing the form and content of, and the procedure to be followed in making, an application for an area to be licensed as a Customs controlled area:
aab: prescribing the form and content of, and the procedure to be followed in making, an application for an area to be licensed as a CASE: .
2: In section 288(1)(a) outward reports advance notices of departure
3: After section 288(1)(a)
aa: prescribing the form and manner in which an inward cargo report under section 21A .
4: After section 288(1)(c)
ca: prescribing the form and manner in which an outward cargo report under section 37A .
5: After section 288(1)(d)
da: prescribing the form and manner in which a transhipment request under section 48A .
6: After section 288(1)(h)
ha: prescribing the form of application for registration as a JBMS user, and the information to be provided by the applicant: .
7: After section 288(1)(i)
j: setting out, for the information of registered JBMS users, the form and manner for the time being generally approved in writing under a border management function Act (as defined in subsection (1A)
8: After section 288(1)
1A: Border management function Act
a: this Act ( see section 134B(3)(b)
b: the Biosecurity Act 1993 ( see section 7E(3)(b)
c: an Act that is specified by regulations under section 165A of the Biosecurity Act 1993 to be an Act for the purposes of the definition of Ministry-related border management function in section 41A(1) of that Act ( see section 7E(3)(b)
d: the Agricultural Compounds and Veterinary Medicines Act 1997 ( see section 4B(3)(b)
e: the Animal Products Act 1999 ( see section 6A(3)(b)
f: the Food Act 1981 ( see section 8AAA(3)(b)
g: the Hazardous Substances and New Organisms Act 1996 ( see section 97AA(3)(b)
h: the Wine Act 2003 ( see section 113A(3)(b)
9: After section 288(2)
2A: No rule under subsection (1)(j) subsection (1A)
a: agreed in writing between the chief executive and the chief executive of the department of State for the time being responsible for that Act's administration; and
b: for the purpose of developing all, or any specified, proposed rules of that kind; and
c: promptly after it is agreed or amended, revoked, or revoked and replaced, notified via an Internet site that is, so far as practicable, publicly available free of charge.
10: In section 288(5) paragraph (a), (b), (c), (g), (h), or (i) any paragraph (except paragraph (d), (e), or (f))
36: New section 306A inserted (Transitional and savings provisions relating to amendments to this Act)
After section 306
306A: Transitional and savings provisions relating to amendments to this Act
The transitional and savings provisions set out in Schedule 1AA Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
37: New Schedule 1AA inserted
Before Schedule 1 Schedule 1AA Schedule
38: Consequential amendments to other Acts
1: In the Copyright Act 1994, section 144A(2)(d)(iv)
a: replace a Customs computerised entry processing system the JBMS (within the meaning of section 131A
b: replace the relevant Customs computerised entry processing system the JBMS
2: In the Copyright Act 1994, section 144B(2)(d)(iv)
a: replace a Customs computerised entry processing system the JBMS (within the meaning of section 131A
b: replace the relevant Customs computerised entry processing system the JBMS
3: In the Trade Marks Act 2002, section 155B(2)(d)(iv)
a: replace a Customs computerised entry processing system the JBMS (within the meaning of section 131A
b: replace the relevant Customs computerised entry processing system the JBMS
4: In the Trade Marks Act 2002, section 155C(2)(d)(iv)
a: replace a Customs computerised entry processing system the JBMS (within the meaning of section 131A
b: replace the relevant Customs computerised entry processing system the JBMS 2014-06-25 Copyright Act 1994 Trade Marks Act 2002 Trade Single Window amendment effective on or before 1 July 2016
39: New section 134C inserted (Duty to use JBMS to supply border information to Customs)
After section 134B section 16
134C: Duty to use JBMS to supply border information to Customs
1: This section applies to a requirement by or under this Act to supply to the Customs any border information (as defined in section 282D).
2: After the commencement of this section, the only ways in which a person can comply with the requirement are—
a: by using the JBMS; or
b: by using another means for the time being generally or specifically approved in writing by the chief executive. 2016-07-01 Customs and Excise Act 1996 effective on or before 1 July 2016 came come in earlier by OIC