Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 275A

             (1)  Where a Collector considers that it is desirable, for the purposes of the Customs, to hold a ship or aircraft at a boarding station, the Collector may, by notice in writing delivered to the master of the ship or the pilot of the aircraft before it leaves the boarding station, direct the master or pilot not to move the ship or aircraft from the boarding station until the master or pilot receives permission, in writing, from a Collector to do so.

             (2)  A person shall not disobey a direction given to him or her, and in force, under this section.

Penalty:  100 penalty units.

          (2A)  Subsection (2) is an offence of strict liability.

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

             (3)  Where a direction not to move a ship or aircraft from a boarding station has been given under subsection (1):

                     (a)  the direction ceases to have any force or effect at the expiration of a period of 3 days after the day on which the direction is given; and

                     (b)  no further direction in respect of the ship or aircraft shall be given while the ship or aircraft remains at the boarding station.

             (4)  Where a Collector (not being the CEO or the Regional Director for a State or Territory) gives a direction under subsection (1) not to move a ship or aircraft from a boarding station, the Collector shall forthwith notify:

                     (a)  where the boarding station is in the Australian Capital Territory--the CEO;

                     (b)  where the boarding station is in a State--the Regional Director for the State; or

                     (c)  where the boarding station is in the Northern Territory--the Regional Director for the Northern Territory;

of the giving of the direction.

             (5)  Where:

                     (a)  a ship or aircraft is held at a boarding station by virtue of a direction given under subsection (1); and

                     (b)  the CEO or the Regional Director for a State or Territory is satisfied that no purpose of the Customs is served by holding the ship or aircraft at the boarding station;

he or she shall forthwith revoke the direction.

             (6)  In proceedings for an offence under this section with respect to a direction, a certificate by a person referred to in the last preceding subsection that he or she is satisfied that, up to the time the offence is alleged to have been committed:

                     (a)  the permission referred to in the direction had not been given; and

                     (b)  the direction had not been revoked;

is evidence of the matters as to which the person has certified that he or she is satisfied.