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EXCISE ACT 1901 - SECT 61 Control of excisable goods

EXCISE ACT 1901 - SECT 61

Control of excisable goods

  (1)   All excisable goods are subject to the CEO's control until delivered for home consumption or for exportation to a place outside Australia, whichever occurs first.

  (2)   A person must not, without permission, intentionally move, alter or interfere with excisable goods that are subject to the CEO's control knowing, or being reckless as to whether, the goods are excisable goods that are subject to the CEO's control.

Penalty:   2 years imprisonment or the greater of:

  (a)   500 penalty units; and

  (b)   5 times the amount of duty that would be payable if the goods had been entered for home consumption on the penalty day.

Note:   See section   4AA of the Crimes Act 1914 for the current value of a penalty unit.

  (3)   A person must not, without permission, move, alter or interfere with excisable goods that are subject to the CEO's control.

Penalty:   100 penalty units.

  (4)   Strict liability applies to subsection   (3).