Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 60

             (1)  The master of every ship from a place outside Australia bound to or calling at any port shall bring his or her ship to for boarding at a boarding station appointed for that port and shall permit his or her ship to be boarded.

Penalty:  100 penalty units.

          (1A)  Subsection (1) is an offence of strict liability.

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

             (2)  The pilot of an aircraft from a place outside Australia arriving in Australia shall not suffer the aircraft to land at any other airport until the aircraft has first landed:

                     (a)  at such airport for which a boarding station is appointed as is nearest to the place at which the aircraft entered Australia; or

                     (b)  at such other airport for which a boarding station is appointed as has been approved by the CEO, in writing, as an airport at which that aircraft, or a class of aircraft in which that aircraft is included, may land on arriving in Australia from a place outside Australia.

Penalty:  100 penalty units.

          (2A)  For the purposes of an offence against subsection (2), strict liability applies to the physical element of circumstance of the offence, that an airport for which a boarding station is appointed and at which the aircraft did not first land:

                     (a)  is nearest to the place at which the aircraft entered Australia; or

                     (b)  is one that has been approved by the CEO, in writing, as an airport at which that aircraft, or a class of aircraft in which that aircraft is included, may land on arriving in Australia from a place outside Australia.

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

             (3)  The pilot of an aircraft engaged on an air service or flight between Australia and a place outside Australia:

                     (a)  shall not suffer the aircraft to land at an airport for which a boarding station is not appointed; and

                     (b)  shall, as soon as practicable after the aircraft lands at an airport, bring the aircraft for boarding to a boarding station appointed for that airport and shall permit the aircraft to be boarded.

Penalty:  100 penalty units.

             (4)  It is a defence to a prosecution for an offence against a provision of subsection (2) or (3) if the person charged proves that he or she was prevented from complying with the provision by stress of weather or other reasonable cause.