(c) an overseas offshore electricity installation (not being an installation referred to in subsection (2)) becomes installed in the Commonwealth offshore area;
the installation and any goods on the installation at the time when it becomes so attached or so installed shall, for the purposes of the Customs Acts, be deemed to have been imported into Australia at the time when the installation becomes so attached or so installed.
(2) Where:
(a) an overseas resources installation is brought to a place in Australia and is to be taken from that place into Australian waters for the purposes of being attached to the Australian seabed; or
(b) an overseas sea installation is brought to a place in Australia and is to be taken from that place into an adjacent area or into a coastal area for the purposes of being installed in that area; or
(c) an overseas offshore electricity installation is brought to a place in Australia and is to be taken from that place into the Commonwealth offshore area for the purposes of being installed in that area;
the installation and any goods on the installation at the time when it is brought to that place shall, for the purpose of the Customs Acts, be deemed to have been imported into Australia at the time when the installation is brought to that place.
49C Obligations under this Part may be satisfied in accordance with a trusted trader agreement
(1) An entity is released from an obligation that the entity would otherwise be required to satisfy under a provision of this Part (other than Division 1) if the obligation:
(a) is of a kind prescribed by rules for the purposes of Part XA; and
(b) is specified in those rules as an obligation from which an entity may be released; and
(c) is specified in a trusted trader agreement between the Comptroller‑General of Customs and the entity.
(2) If:
(a) an obligation must be satisfied under a provision of this Part (other than Division 1); and
(b) the obligation:
(i) is of a kind prescribed by rules for the purposes of Part XA; and
(ii) is specified in those rules as an obligation that may be satisfied in a way other than required by this Part; and
(iii) is specified in a trusted trader agreement between the Comptroller‑General of Customs and an entity;
then, despite the relevant provision, the entity may satisfy the obligation in the way specified in the trusted trader agreement.
Division 1—Prohibited imports
50 Prohibition of the importation of goods
(1) The Governor‑General may, by regulation, prohibit the importation of goods into Australia.
(2) The power conferred by the last preceding subsection may be exercised:
(a) by prohibiting the importation of goods absolutely;
(aa) by prohibiting the importation of goods in specified circumstances;
(b) by prohibiting the importation of goods from a specified place; or
(c) by prohibiting the importation of goods unless specified conditions or restrictions are complied with.
(3) Without limiting the generality of paragraph (2)(c), the regulations:
(a) may provide that the importation of the goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations made under this Act or the Therapeutic Goods Act 1989; and
(b) in relation to licences or permissions granted as prescribed by regulations made under this Act—may make provision for and in relation to:
(i) the assignment of licences or permissions so granted or of licences or permissions included in a prescribed class of licences or permissions so granted;
(ii) the granting of a licence or permission to import goods subject to compliance with conditions or requirements, either before or after the importation of the goods, by the holder of the licence or permission at the time the goods are imported;
(iii) the surrender of a licence or permission to import goods and, in particular, without limiting the generality of the foregoing, the surrender of a licence or permission to import goods in exchange for the granting to the holder of the surrendered licence or permission of another licence or permission or other licences or permissions to import goods; and
(iv) the revocation of a licence or permission that is granted subject to a condition or requirement to be complied with by a person for a failure by the person to comply with the condition or requirement, whether or not the person is charged with an offence against subsection (4) in respect of the failure.
(3A) Without limiting the generality of subparagraph (3)(b)(ii), a condition referred to in that subparagraph may be a condition that, before the expiration of a period specified in the permission or that period as extended with the approval of the Collector, that person, or, if that person is a natural person who dies before the expiration of that period or that period as extended, as the case may be, the legal personal representative of that person, shall export, or cause the exportation of, the goods from Australia.
(3B) Regulations made for the purposes of this section may confer on the Minister the power to make provision in relation to a matter by legislative instrument.
(4) A person commits an offence if:
(a) a licence or permission has been granted, on or after 16 October 1963, under the regulations; and
(b) the licence or permission relates to goods that are not narcotic goods; and
(c) the licence or permission is subject to a condition or requirement to be complied with by the person; and
(d) the person engages in conduct; and
(e) the person’s conduct contravenes the condition or requirement.
Penalty: 100 penalty units.
(5) Subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(6) Absolute liability applies to paragraph (4)(a), despite subsection (5).
Note: For absolute liability, see section 6.2 of the Criminal Code.
(7) A person commits an offence if:
(a) a licence or permission has been granted, on or after 16 October 1963, under the regulations; and
(b) the licence or permission relates to goods that are narcotic goods; and
(c) the licence or permission is subject to a condition or requirement to be complied with by the person; and
(d) the person engages in conduct; and
(e) the person’s conduct contravenes the condition or requirement.
Penalty: Imprisonment for 2 years or 20 penalty units, or both.
(9) Absolute liability applies to paragraph (7)(a).
Note: For absolute liability, see section 6.2 of the Criminal Code.
(10) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
51 Prohibited imports
(1) Goods, the importation of which is prohibited under section 50, are prohibited imports.
(2) Notwithstanding the generality of subsection (1), ships, boats and aircraft the importation of which is prohibited under section 50 are prohibited imports if, and only if, they have been imported into Australia.
51A Certain controlled substances taken to be prohibited imports
(1) This section applies if a substance or plant is a border controlled drug, a border controlled plant or a border controlled precursor because of a determination made under Subdivision C of Division 301 of the Criminal Code (which deals with emergency Ministerial determinations of serious drugs and precursors).
Note: Border controlled drug, border controlled plant and border controlled precursor have the same meaning as in Part 9.1 of the Criminal Code (see subsection 4(1) of this Act). In that Part, those terms include substances or plants that are, under Subdivision C of Division 301 of the Criminal Code, taken, for the purposes of the Part, to be border controlled drugs, border controlled plants or border controlled precursors only in relation to particular offences against the Part, or particular elements of those offences.
(2) For the period during which the determination has effect, Schedule 4 to the Customs (Prohibited Imports) Regulations 1956 has effect as if the substance or plant were described as a drug in that Schedule.
52 Invalidation of licence, permission etc. for false or misleading information
A licence, permission, consent or approval granted in respect of the importation of UN‑sanctioned goods is taken never to have been granted if:
(a) an application for the licence, permission, consent or approval was made in an approved form; and
(b) information contained in, or information or a document accompanying, the form:
(i) was false or misleading in a material particular; or
(ii) omitted any matter or thing without which the information or document is misleading in a material particular.
Division 2—The boarding of ships and aircraft
58 Ships and aircraft to enter ports or airports
(1) The master of a ship or the pilot of any aircraft shall not bring his or her ship or aircraft to a place other than a port or airport unless from stress of weather or other reasonable cause.
Penalty: 500 penalty units.
(1A) Subsection (1) does not apply if the master or pilot has the permission of a Collector given under subsection (2).
(2) A Collector may, by notice in writing given to the master of a ship or the pilot of an aircraft who has applied for permission to bring his or her ship or aircraft to a place other than a port or airport, give the person permission, subject to such conditions (if any) as are specified in the notice, to bring the ship or aircraft to, or to remain at, that place.
(3) A person who has been given permission under subsection (2) shall not refuse or fail to comply with any condition (including a condition imposed or varied under subsection (4)) to which that permission is subject.
Penalty: 100 penalty units.
(4) Where a Collector has, under subsection (2), given a person permission to bring a ship or aircraft to a place other than a port or airport, the Collector may, at any time before that ship or aircraft is brought to that place, by notice in writing served on the person:
(a) revoke the permission;
(b) revoke or vary a condition to which the permission is subject; or
(c) impose new conditions to which the permission is to be subject.
(5) Conditions to which a permission under subsection (2) may be subject include conditions relating to matters occurring while the ship or aircraft is at the place to which the permission relates.
(6) A reference in this section to a ship or aircraft entering, or being brought to, a place other than a port or airport is to be read as including a reference to the ship or aircraft being brought to a ship that is at:
(a) an overseas resources installation; or
(b) an overseas sea installation; or
(c) an overseas offshore electricity installation.
58A Direct journeys between installations and external places prohibited
(1) For the purposes of this section, installations shall be deemed not to be a part of Australia.
(2) Subject to subsection (6), where a person:
(a) travels from an external place to:
(i) a sea installation installed in an adjacent area or in a coastal area; or
(ii) a resources installation attached to the Australian seabed; or
(iii) an offshore electricity installation installed in the Commonwealth offshore area;
whether or not in the course of a longer journey; and
(b) has not been available for questioning in Australia for the purposes of this Act after leaving the place and before arriving at the installation;
then:
(c) that person;
(d) the owner of the installation; and
(e) the owner and person in charge of a ship or aircraft on which the person travelled from the place to the installation;
each commit an offence against this section.
(3) Subject to subsection (6), where goods:
(a) are brought from an external place to:
(i) a sea installation installed in an adjacent area or in a coastal area; or
(ii) a resources installation attached to the Australian seabed; or
(iii) an offshore electricity installation installed in the Commonwealth offshore area;
whether or not previously brought to that place from another place; and
(b) have not been available for examination in Australia for the purposes of this Act after leaving the place and before arriving at the installation;
then:
(c) the owner of the goods at the time of their arrival at the installation;
(d) the owner of the installation; and
(e) the owner and person in charge of a ship or aircraft on which the goods were transported from the place to the installation;
each commit an offence against this section.
(4) Subject to subsection (6), where a person:
(a) travels from:
(i) a sea installation installed in an adjacent area or in a coastal area; or
(ii) a resources installation attached to the Australian seabed; or
(iii) an offshore electricity installation installed in the Commonwealth offshore area;
to an external place, whether or not in the course of a longer journey; and
(b) has not been available for questioning in Australia for the purposes of this Act after leaving the installation and before arriving in the place;
then:
(c) that person;
(d) the owner of the installation; and
(e) the owner and person in charge of a ship or aircraft on which the person travelled from the installation to the place;
each commit an offence against this section.
(5) Subject to subsection (6), where goods:
(a) are sent from:
(i) a sea installation installed in an adjacent area or in a coastal area; or
(ii) a resources installation attached to the Australian seabed; or
(iii) an offshore electricity installation installed in the Commonwealth offshore area;
to an external place, whether or not the goods are sent on from that place; and
(b) have not been available for examination in Australia for the purposes of this Act after leaving the installation and before arriving in the place;
then:
(c) the person who sent the goods;
(d) the owner of the installation; and
(e) the owner and person in charge of a ship or aircraft on which the goods were transported from the installation to the place;
each commit an offence against this section.
(5A) Subsections (2), (3), (4) and (5) are offences of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(6) It is a defence to a charge of an offence against this section if it is established that the journey because of which the offence would have been committed:
(a) was necessary to secure the safety of, or appeared to be the only way of averting a threat to, human life;
(b) was necessary to secure, or appeared to be the only way of averting a threat to, the safety of a ship at sea, of an aircraft in flight or of an installation; or
(c) was authorised in writing, by the Comptroller‑General of Customs, and was carried out in accordance with the conditions (if any) specified in that authorisation.
(7) Subsection (6) shall not be taken to limit by implication any defence that would, but for the subsection, be available to a person charged with an offence against this section.
(8) For the purposes of this section:
(a) a person shall not be taken to travel from or to an external place or an installation because only of having been in an aircraft flying over, or on a landing place in, the place or installation; and
(b) goods shall not be taken to have been brought from, or sent to, an external place or an installation because only of being in an aircraft flying over, or on a landing place in, the place or installation.
Penalty: 100 penalty units.
58B Direct journeys between certain resources installations and external places prohibited
(1) In this section:
external place does not include Timor‑Leste.
(2) Subject to subsection (6), where a person travels from an external place to a resources installation in the Greater Sunrise special regime area (whether or not in the course of a longer journey) without entering either Australia or Timor‑Leste:
(a) that person; and
(b) the owner of the installation; and
(c) the owner and person in charge of the ship or aircraft on which the person arrives at the installation;
each commit an offence against this section.
(3) Subject to subsection (6), where goods are taken from an external place to a resources installation in the Greater Sunrise special regime area (whether or not previously brought to that place from another place) without being taken into either Australia or Timor‑Leste:
(a) the owner of the goods at the time of their arrival at the installation; and
(b) the owner of the installation; and
(c) the owner and person in charge of the ship or aircraft on which the goods arrive at the installation;
each commit an offence against this section.
(4) Subject to subsection (6), where a person travels from a resources installation in the Greater Sunrise special regime area to an external place (whether or not in the course of a longer journey) without entering either Australia or Timor‑Leste:
(a) that person; and
(b) the owner of the installation; and
(c) the owner and person in charge of the ship or aircraft on which the person left the installation;
each commit an offence against this section.
(5) Subject to subsection (6), where goods are sent from a resources installation in the Greater Sunrise special regime area to an external place (whether or not the goods are sent on from that place) without being taken into Australia or Timor‑Leste:
(a) the person who sends the goods; and
(b) the owner of the installation; and
(c) the owner and person in charge of the ship or aircraft on which the goods leave the installation;
each commit an offence against this section.
(5A) Subsections (2), (3), (4) and (5) are offences of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(6) It is a defence to a prosecution for an offence against this section that the journey because of which the offence would have been committed: