Customs Act 1901
PART VII
-
SHIPS' STORES AND AIRCRAFT'S STORES
SECTION 127
USE OF SHIPS
'
AND AIRCRAFT
'
S STORES
127(1)
Ships ' stores and aircraft ' s stores, whether shipped in a place outside Australia or in Australia -
(a) shall not be unshipped or unloaded; and
(b) shall not be used before the departure of the ship or aircraft from its last port of departure in Australia otherwise than for the use of the passengers or crew, or for the service, of the ship or aircraft.
127(2)
Subsection (1) is an offence of strict liability.
127(3)
Subsection (1) does not apply if the Collector has approved the unshipping, unloading or use.
127(4)
An approval under subsection (3) may only be given on application under subsection (5).
127(5)
The master or owner of a ship, or the pilot or owner of an aircraft, may apply for an approval under subsection (3) in respect of the ship or aircraft.
127(6)
An application under subsection (5) must:
(a) be in writing; and
(b) be in an approved form; and
(c) contain such information as the form requires; and
(d) be signed in the manner indicated in the form.
127(7)
The Comptroller-General of Customs may approve different forms for applications to be made under subsection (5) in different circumstances, by different kinds of masters or owners of ships or pilots or owners of aircraft or in respect of different kinds of ships or aircraft.
127(8)
An approval given to a person under subsection (3) is subject to any conditions specified in the approval, being conditions that, in the opinion of the Collector, are necessary for the protection of the revenue or for the purpose of ensuring compliance with the Customs Acts.
127(9)
A person commits an offence of strict liability if:
(a) the person is the holder of an approval under subsection (3); and
(b) the person does an act or omits to do an act; and
(c) the act or omission breaches a condition of the approval.
Ships ' stores and aircraft ' s stores, whether shipped in a place outside Australia or in Australia -
(a) shall not be unshipped or unloaded; and
(b) shall not be used before the departure of the ship or aircraft from its last port of departure in Australia otherwise than for the use of the passengers or crew, or for the service, of the ship or aircraft.
Penalty: 60 penalty units.
View history note
Hide history note127(2)
Subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
127(3)
Subsection (1) does not apply if the Collector has approved the unshipping, unloading or use.
127(4)
An approval under subsection (3) may only be given on application under subsection (5).
127(5)
The master or owner of a ship, or the pilot or owner of an aircraft, may apply for an approval under subsection (3) in respect of the ship or aircraft.
127(6)
An application under subsection (5) must:
(a) be in writing; and
(b) be in an approved form; and
(c) contain such information as the form requires; and
(d) be signed in the manner indicated in the form.
127(7)
The Comptroller-General of Customs may approve different forms for applications to be made under subsection (5) in different circumstances, by different kinds of masters or owners of ships or pilots or owners of aircraft or in respect of different kinds of ships or aircraft.
127(8)
An approval given to a person under subsection (3) is subject to any conditions specified in the approval, being conditions that, in the opinion of the Collector, are necessary for the protection of the revenue or for the purpose of ensuring compliance with the Customs Acts.
127(9)
A person commits an offence of strict liability if:
(a) the person is the holder of an approval under subsection (3); and
(b) the person does an act or omits to do an act; and
(c) the act or omission breaches a condition of the approval.
Penalty for contravention of this subsection: 60 penalty units.
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