Customs Act 1901

PART IV - THE IMPORTATION OF GOODS  

Division 4 - The Entry, Unshipment, Landing, and Examination of Goods  

SECTION 73   BREAKING BULK  

73(1)   [Cargo of ship]  

Subject to subsections (2B) and (3), a person shall not break the bulk cargo of a ship arriving in, or on a voyage to, Australia while the ship is within waters of the sea within the outer limits of the territorial sea of Australia, including such waters within the limits of a State or an internal Territory.

Penalty: 250 penalty units.

73(2)   [Cargo of aircraft]  

Subject to subsections (2B) and (3), a person shall not break the bulk cargo of an aircraft arriving in, or on a flight to, Australia while the aircraft is -

(a) flying over Australia; or

(b) in, or flying over, waters of the sea within the outer limits of the territorial sea of Australia.

Penalty: 250 penalty units.

73(2A)   [Liability]  

Subsections (1) and (2) are offences of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

73(2B)   [Non-application]  

Subsections (1) and (2) do not apply if the person has the permission of a Collector.

73(3)   [Authority under sec 71B]  

Subsections (1) and (2) do not apply in respect of goods authority to deal with which has been given under section 71B.