Customs Act 1901

PART IV - THE IMPORTATION OF GOODS  

Division 2 - The Boarding of Ships and Aircraft  

SECTION 58A   DIRECT JOURNEYS BETWEEN INSTALLATIONS AND EXTERNAL PLACES PROHIBITED  

58A(1)    

For the purposes of this section, installations shall be deemed not to be a part of Australia.

58A(2)    

Subject to subsection (6) , where a person:

(a)    

travels from an external place to:

(i) a sea installation installed in an adjacent area or in a coastal area; or

(ii) a resources installation attached to the Australian seabed; or

(iii) an offshore electricity installation installed in the Commonwealth offshore area;

whether or not in the course of a longer journey; and

(b)    has not been available for questioning in Australia for the purposes of this Act after leaving the place and before arriving at the installation;

then:

(c)    that person;

(d)    

the owner of the installation; and

(e)    the owner and person in charge of a ship or aircraft on which the person travelled from the place to the installation;

each commit an offence against this section.

58A(3)    

Subject to subsection (6) , where goods:

(a)    

are brought from an external place to:

(i) a sea installation installed in an adjacent area or in a coastal area; or

(ii) a resources installation attached to the Australian seabed; or

(iii) an offshore electricity installation installed in the Commonwealth offshore area;

whether or not previously brought to that place from another place; and

(b)    have not been available for examination in Australia for the purposes of this Act after leaving the place and before arriving at the installation;

then:

(c)    the owner of the goods at the time of their arrival at the installation;

(d)    

the owner of the installation; and

(e)    the owner and person in charge of a ship or aircraft on which the goods were transported from the place to the installation;

each commit an offence against this section.

58A(4)    

Subject to subsection (6) , where a person:

(a)    

travels from:

(i) a sea installation installed in an adjacent area or in a coastal area; or

(ii) a resources installation attached to the Australian seabed; or

(iii) an offshore electricity installation installed in the Commonwealth offshore area;

to an external place, whether or not in the course of a longer journey; and

(b)    has not been available for questioning in Australia for the purposes of this Act after leaving the installation and before arriving in the place;

then:

(c)    that person;

(d)    

the owner of the installation; and

(e)    the owner and person in charge of a ship or aircraft on which the person travelled from the installation to the place;

each commit an offence against this section.

58A(5)    

Subject to subsection (6) , where goods:

(a)    

are sent from:

(i) a sea installation installed in an adjacent area or in a coastal area; or

(ii) a resources installation attached to the Australian seabed; or

(iii) an offshore electricity installation installed in the Commonwealth offshore area;

to an external place, whether or not the goods are sent on from that place; and

(b)    have not been available for examination in Australia for the purposes of this Act after leaving the installation and before arriving in the place;

then:

(c)    the person who sent the goods;

(d)    

the owner of the installation; and

(e)    the owner and person in charge of a ship or aircraft on which the goods were transported from the installation to the place;

each commit an offence against this section.

58A(5A)    

Subsections (2) , (3) , (4) and (5) are offences of strict liability.

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

58A(6)    

It is a defence to a charge of an offence against this section if it is established that the journey because of which the offence would have been committed:

(a)    was necessary to secure the safety of, or appeared to be the only way of averting a threat to, human life;

(b)    was necessary to secure, or appeared to be the only way of averting a threat to, the safety of a ship at sea, of an aircraft in flight or of an installation; or

(c)    

was authorised in writing, by the Comptroller-General of Customs, and was carried out in accordance with the conditions (if any) specified in that authorisation.

58A(7)    
Subsection (6) shall not be taken to limit by implication any defence that would, but for the subsection, be available to a person charged with an offence against this section.

58A(8)    

For the purposes of this section:

(a)    a person shall not be taken to travel from or to an external place or an installation because only of having been in an aircraft flying over, or on a landing place in, the place or installation; and

(b)    goods shall not be taken to have been brought from, or sent to, an external place or an installation because only of being in an aircraft flying over, or on a landing place in, the place or installation.

Penalty: 100 penalty units.