Customs and AusCheck Legislation Amendment (Organised Crime and Other Measures) Act 2013 (52 of 2013)

Schedule 1   Amendment of the Customs Act 1901

Part 4   Infringement notices

Division 1   Amendments

57   Division 5 of Part XIII

Repeal the Division, substitute:

Division 5 - Infringement notices

243X Infringement notices - general

(1) A regulation may make provision enabling a person who is alleged to have committed an offence of strict liability or of absolute liability against this Act to pay to the Commonwealth a penalty specified in a notice (an infringement notice ) as an alternative to prosecution.

(2) The penalty must not exceed either:

(a) one-quarter of the maximum fine that a court could impose on the person as a penalty for that offence; or

(b) subject to subsection (3), whichever of the following applies:

(i) 15 penalty units if the person is an individual;

(ii) 75 penalty units if the person is a body corporate.

Note: Because of subsection 4B(3) of the Crimes Act 1914, the maximum penalty that may be specified in accordance with paragraph (a) in an infringement notice given to a body corporate may be 5 times greater than the maximum penalty that may be specified in accordance with that paragraph in an infringement notice given to an individual.

(3) Paragraph (2)(b) does not apply if:

(a) the penalty for the offence may be determined wholly or partly by reference to:

(i) an amount of duty that may be, or would have been, payable; or

(ii) the value of particular goods; and

(b) it is possible to determine that amount or that value.

243Y Infringement notices - forfeiture of goods that are prohibited imports if infringement notice paid

(1) 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; and

(c) the infringement notice has not been withdrawn.

(2) 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.

(3) The goods must be dealt with and disposed of in accordance with the directions of the CEO.

243Z Infringement notices - right of compensation in certain circumstances for goods disposed of or destroyed

(1) Despite the disposal or destruction of goods taken to be condemned as forfeited to the Crown under subsection 243Y(1), a person may apply to a court of competent jurisdiction for compensation under this section.

(2) A right to compensation exists if:

(a) the goods were not prohibited imports; and

(b) the goods were not used or otherwise involved in the commission of an offence; and

(c) the person establishes, to the satisfaction of the court, that he or she is the rightful owner of the goods.

(3) If a right to compensation exists under subsection (2), the court must order the payment by the Commonwealth to the person of an amount equal to the market value of the goods at the time of their disposal or destruction.

Division 2 - Savings