Customs Act 1901

PART XIV - CUSTOMS PROSECUTIONS  

SECTION 245   INSTITUTION OF PROSECUTIONS  

245(1)    

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Customs prosecutions may be instituted by the Comptroller-General of Customs by action, information or other appropriate proceeding -

(a) in the Supreme Court of a State;

(b) in the Supreme Court of the Australian Capital Territory;

(c) in the Supreme Court of the Northern Territory;

(d) in a County Court of District of a State;

(e) in a Local Court, being a Local Court of full jurisdiction, of South Australia or of the Northern Territory; or

(f) in a court of summary jurisdiction of a State, of the Australian Capital Territory or of the Northern Territory.

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History

S 245(1) amended by No 41 of 2015, s 3 and Sch 1 item 771, effective 1 July 2015. For saving and transitional provisions see note under the title of this Act.

S 245(1) amended by No 85 of 1995, s 11 and Sch 9.

S 245(1) amended by No 5 of 1990, s 17.

Transitional provision

Amending Act No 5 of 1990, s 17 provides:

Any Customs prosecution begun, but not completed, before this section commences in the name of the person who, at the time of beginning the prosecution, held or acted in the office of CEO-General of Customs, is to be treated, after this section commences, as if it were a prosecution begun in the name of the office of CEO-General of Customs.

245(2)    

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Where a Customs prosecution for a pecuniary penalty that, but for this section, would exceed 400 penalty units is instituted in a Court referred to in paragraph (1)(d) or (e), the amount of that penalty that exceeds 400 penalty units shall be taken to have been abandoned.

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History

S 245(2) amended by No 82 of 2002, Sch 1 [ 96].

S 245(2) amended by No 23 of 2000, s 3 and Sch 2, item 21.

245(3)    
(Omitted by No 24 of 1989)

245(4)    

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Where a Customs prosecution for a pecuniary penalty that, but for this subsection, would exceed 200 penalty units is instituted in a court referred to in paragraph (1)(f), the amount of that penalty that exceeds 200 penalty units shall be taken to have been abandoned.

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History

S 245(4) amended by No 82 of 2002, Sch 1 [ 97].

S 245(4) amended by No 23 of 2000, s 3 and Sch 2, item 22.

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