Customs Act 1901

PART XIII - PENAL PROVISIONS  

Division 5 - Infringement notices  

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History

Div 5 substituted by No 52 of 2013, s 3 and Sch 1 item 57, effective 28 November 2013.

Div 5, s 243X-243ZE inserted by No 95 of 2001, s 3, Sch 2, item 6, effective 1 July 2002.

SECTION 243Y   INFRINGEMENT NOTICES - FORFEITURE OF GOODS THAT ARE PROHIBITED IMPORTS IF INFRINGEMENT NOTICE PAID  

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243Y(1)    

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Goods are taken to be condemned as forfeited to the Crown if:

(a) the goods are prohibited imports of a kind prescribed by a regulation for the purposes of this section; and

(b) a person pays a penalty to the Commonwealth under an infringement notice as an alternative to prosecution for an offence for a contravention of paragraph 233(1)(b) (importing prohibited imports) in relation to the goods.

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(c) (Repealed by No 4 of 2015)

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History

S 243Y(1) amended by No 4 of 2015, s 3 and Sch 1 items 39 and 40, effective 26 February 2015. For application and transitional provisions see note under the title of this Act.

243Y(2)    

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In addition:

(a) the title to the goods immediately vests in the Commonwealth to the exclusion of all other interests in the goods; and

(b) the title cannot be called into question.

243Y(3)    

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The goods must be dealt with and disposed of in accordance with the directions of the Comptroller-General of Customs.

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S 243Y(3) amended by No 41 of 2015, s 3 and Sch 1 item 769, effective 1 July 2015. For saving and transitional provisions see note under the title of this Act.

243Y(4)    

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Subsections (1) and (2) cease to apply if the infringement notice is withdrawn.

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History

S 243Y(4) inserted by No 4 of 2015, s 3 and Sch 1 item 41, effective 26 February 2015. For application and transitional provisions see note under the title of this Act.

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History

S 243Y substituted by No 52 of 2013, s 3 and Sch 1 item 57, effective 28 November 2013.

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