International Trade Integrity Act 2007 (147 of 2007)

Schedule 1   Enforcing UN sanctions

Customs Act 1901

37   After section 233BA

Insert:

233C Offence for giving false or misleading information in relation to UN-sanctioned goods

Individuals

(1) An individual commits an offence if:

(a) an application is made in respect of UN-sanctioned goods under:

(i) the Customs (Prohibited Imports) Regulations 1956; or

(ii) the Customs (Prohibited Exports) Regulations 1958; and

(b) the application is made in an approved form; and

(c) the individual signed the form; and

(d) information contained in, or information or a document accompanying, the form:

(i) is false or misleading; or

(ii) omits any matter or thing without which the information or document is misleading.

Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.

Bodies corporate

(2) A body corporate commits an offence if:

(a) an application is made by or on behalf of the body corporate; and

(b) the application is in an approved form; and

(c) the application is made in respect of UN-sanctioned goods under:

(i) the Customs (Prohibited Imports) Regulations 1956; or

(ii) the Customs (Prohibited Exports) Regulations 1958; and

(d) information contained in, or information or a document accompanying, the form:

(i) is false or misleading; or

(ii) omits any matter or thing without which the information or document is misleading.

Penalty: 12,500 penalty units.

(3) Subsection (1) or (2) does not apply:

(a) as a result of subparagraph (1)(d)(i) or (2)(d)(i) - if the information or document is not false or misleading in a material particular; or

(b) as a result of subparagraph (1)(d)(ii) or (2)(d)(ii) - if the information or document did not omit any matter or thing without which the information or document is misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).