Customs Act 1901

PART XIII - PENAL PROVISIONS  

Division 2 - Penalties  

SECTION 233BABA   PROTECTION FROM CRIMINAL RESPONSIBILITY  

View history reference

233BABA(1)   [ Customs officers]  

View history reference

An officer of Customs who, in the course of duty, possesses or conveys, or facilitates the conveyance of, prohibited imports, prohibited exports, smuggled goods or restricted goods is not criminally responsible for an offence against a law of the Commonwealth or of a State or Territory relating to the possession, conveyance or facilitation of the conveyance of such goods.

 View history note

 Hide history note

History

S 233BABA(1) amended by No 33 of 2013, s 3 and Sch 1 item 7, by substituting " , smuggled goods or restricted goods " for " or smuggled goods " , applicable in relation to goods brought into Australia on or after 30 September 2013.

233BABA(2)   [ Person acting under instructions]  

A person who:

(a) possesses or conveys, or facilitates the conveyance of, prohibited imports, prohibited exports, smuggled goods or restricted goods; and

View history reference

(b) in doing so is acting in accordance with written instructions referring to this section issued by an officer of Customs acting in the course of duty;

is not criminally responsible for an offence against a law of the Commonwealth or of a State or Territory relating to the possession, conveyance or facilitation of the conveyance of such goods.

 View history note

 Hide history note

History

S 233BABA(2) amended by No 33 of 2013, s 3 and Sch 1 item 8, by substituting " , smuggled goods or restricted goods " for " or smuggled goods " in para (a), applicable in relation to goods brought into Australia on or after 30 September 2013.

 View history note

 Hide history note

History

S 233BABA inserted by No 5 of 2007, Sch 6, item 3, effective 19 February 2007.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.