Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 4 - Generic assessment, collection and recovery rules  

PART 4-25 - CHARGES AND PENALTIES  

Division 295 - Miscellaneous civil penalties  

Subdivision 295-B - Civil penalty for possession of tobacco without relevant documentation  

Guide to Subdivision 295-B

SECTION 295-75   POSSESSION OF TOBACCO WITHOUT RELEVANT DOCUMENTATION ETC.  

295-75(1)    
A person contravenes this subsection if:

(a)    the person possesses a thing; and

(b)    the thing is tobacco; and

(c)    the place in which the person possesses the tobacco is in Australia but not in an external Territory; and

(d)    the condition in subsection (2) is satisfied; and

(e)    the weight of the tobacco equals or exceeds 2 kilograms.

295-75(2)    
For the purposes of paragraph (1)(d) , the condition in this subsection is satisfied if:

(a)    the person has not provided any of the following:

(i) a *tax invoice indicating how the person obtained the tobacco;

(ii) a bill of lading indicating how the person obtained the tobacco;

(iii) a customs declaration indicating how the person obtained the tobacco; or

(b)    the person:

(i) has stated that the possession was engaged in on behalf of or at the request of another person; and

(ii) has not provided information enabling the other person to be identified and located.

295-75(3)    
A person is liable to a civil penalty if the person contravenes subsection (1) .

Penalty: 100 penalty units.

295-75(4)    
Section 308-510 applies to this section in the same way that it applies to Division 308 .

295-75(5)    
Subsection (1) does not apply if:

(a)    the person is an individual; and

(b)    the person possesses the tobacco for his or her personal use.

295-75(6)    

Subsection (1) does not apply if the tobacco is kept or stored at premises for which there is in force:

(a)    a licence (within the meaning of the Excise Act 1901 ) that relates to tobacco; or

(b)    a depot licence (within the meaning of the Customs Act 1901 ), or a warehouse licence (within the meaning of that Act), that relates to tobacco.

295-75(7)    
Subsection (1) does not apply if:

(a)    the person is specified in a movement permission under section 44 of the Excise Act 1901 in relation to tobacco; or

(b)    the person is specified in a permission under section 71E of the Customs Act 1901 in relation to tobacco; or

(c)    the person has an authority to take the tobacco into warehousing under subsection 71DJ(4) of the Customs Act 1901 .

295-75(8)    
Subsection (1) does not apply if:

(a)    the person has permission (within the meaning of the Excise Act 1901 ):

(i) to possess the tobacco; or

(ii) to move the tobacco; or

(b)    the tobacco is covered by an authority under section 55 of that Act; or

(c)    the tobacco has been deemed to be entered for home consumption under subsection 61C(2) of that Act.

295-75(9)    
Subsection (1) does not apply if:

(a)    any of the following circumstances exist:

(i) *excise duty has been paid on the tobacco;

(ii) *customs duty has been paid on the tobacco;

(iii) excise duty is not payable on the tobacco because of an exemption under a law of the Commonwealth;

(iv) customs duty is not payable on the tobacco because of an exemption under a law of the Commonwealth; or

(b)    the person has reasonable grounds to suspect that any of those circumstances exist.

295-75(10)    
If person wishes to rely on subsection (5) , (6) , (7) , (8) or (9) in civil penalty proceedings, the person bears an *evidential burden in relation to that matter.