Customs Act 1901

PART IV - THE IMPORTATION OF GOODS  

Division 3 - The Report of the Cargo  

Subdivision A - General reporting requirements  

SECTION 64AE   OBLIGATION TO ANSWER QUESTIONS AND PRODUCE DOCUMENTS  

64AE(1)    

The operator of a ship or aircraft to whom section 64 , 64AA , 64AAA , 64ACA or 64ACB applies must:

(a) answer questions asked by a Collector relating to the ship or aircraft or its cargo, crew, passengers, stores or voyage; and

(b) produce documents requested by the Collector relating to a matter referred to in paragraph (a), if the documents are in his or her possession or control at the time of the request.

Penalty: 30 penalty units.

64AE(1A)    

Subsection (1) is an offence of strict liability.

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

64AE(2)    

Each cargo reporter to whom section 64AB applies must:

(a) answer questions asked by a Collector relating to the goods he or she has arranged to be carried on the relevant ship or aircraft; and

(b) produce documents requested by the Collector relating to such goods, if the documents are in his or her possession or control at the time of the request.

Penalty: 30 penalty units.

64AE(2A)    

Subsection (2) is an offence of strict liability.

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

64AE(3)    
It is a defence to a prosecution for an offence against subsection (1) or (2) if the person charged had a reasonable excuse for:

(a) refusing or failing to answer questions asked by a Collector; or

(b) refusing or failing to produce documents when so requested by a Collector.