(3) The operator of the ship or aircraft commits an offence if the operator contravenes subsection (1).
Penalty: 60 penalty units.
(4) Strict liability applies to an offence against subsection (3).
Note: For strict liability, see section 6.1 of the Criminal Code.
106D Report just before ship or aircraft departs
(1) Before the ship or aircraft departs from the place, the operator must report to the Department, in accordance with Subdivision C:
(a) on the persons:
(i) who will be on board the ship or aircraft when it departs from the place; and
(ii) who are not identified in a report made by the operator in relation to the ship’s or aircraft’s departure from the place under section 106B or 106C; and
(iii) who are not identified in a report made in relation to the ship’s or aircraft’s earlier departure from another place in the course of the same journey; or
(b) if there are no persons covered by paragraph (a)—that there are no persons to report.
(2) The operator of the ship or aircraft commits an offence if the operator intentionally contravenes subsection (1).
Penalty: 120 penalty units.
(3) The operator of the ship or aircraft commits an offence if the operator contravenes subsection (1).
Penalty: 60 penalty units.
(4) Strict liability applies to an offence against subsection (3).
Note: For strict liability, see section 6.1 of the Criminal Code.
Subdivision B—Reports on matters in approved statement
106E Ships and aircraft to which this Subdivision applies
(1) This Subdivision applies to a ship or aircraft of a kind prescribed by regulations made for the purposes of this section, if the ship or aircraft is due to depart:
(a) from a place in Australia at the beginning of a journey to a place outside Australia (whether or not the journey will conclude outside Australia); or
(b) from a place in Australia in the course of such a journey.
(2) Regulations made for the purposes of this section may specify kinds of ships or aircraft by reference to particular matters, including any or all of the following matters:
(a) the type, size or capacity of the ship or aircraft;
(b) the kind of operation or service in which the aircraft or ship will be engaged on journeys from Australia;
(c) other circumstances relating to the ship or aircraft or its use, or relating to the operator of the ship or aircraft.
106F Reports on matters in approved statement
The operator of the ship or aircraft must report to the Department, in accordance with Subdivision C:
(a) not later than the prescribed period or periods before the ship’s or aircraft’s departure from a place; or
(b) at the time of a prescribed event or events; or
(c) at the prescribed time or times.
Subdivision C—How reports under this Division are to be made
106G Reports to be made electronically
(1) A report under this Division must:
(a) be made:
(i) electronically, using a system (if any) approved by the Comptroller‑General of Customs by legislative instrument for the purposes of this subparagraph; or
(ii) using a format or method approved by the Comptroller‑General of Customs by legislative instrument for the purposes of this subparagraph; and
(b) contain the information set out in an approved statement.
(2) An operator who reports electronically under subparagraph (1)(a)(i) is taken to have reported to the Department when a Collector sends an acknowledgment of the report to the person identified in the report as having made it.
(3) An operator who reports using a format or method approved under subparagraph (1)(a)(ii) is taken to have reported to the Department when the report is given to an officer doing duty in relation to ships and aircraft due to depart.
(4) The Comptroller‑General of Customs may approve different systems, formats or methods under subparagraphs (1)(a)(i) and (ii) to be used for different kinds of operators or in different circumstances.
106H Reports to be made by document if approved electronic system or other approved format or method unavailable
(1) Despite section 106G, if, when an operator is required to report under this Division:
(a) a system approved under subparagraph 106G(1)(a)(i) is not working; and
(b) the operator is not able to use a format or method approved under subparagraph 106G(1)(a)(ii);
the report must:
(c) be made by document in writing; and
(d) be in an approved form; and
(e) contain the information required by the approved form; and
(f) be signed in the manner specified by the approved form; and
(g) be communicated to the Department by sending or giving it to an officer doing duty in relation to the reporting of ships or aircraft due to depart.
(2) A documentary report is taken to have been made when it is sent or given to the Department in the prescribed manner.
106I Comptroller‑General of Customs may approve different statements or forms
(1) The Comptroller‑General of Customs may approve, under section 4A, different statements for the purposes of this Division, for reports:
(a) made by different kinds of operators; or
(b) relating to different kinds of ships or aircraft; or
(c) made in different circumstances; or
(d) made in relation to different classes of persons who are expected to be, or who will be, on board a ship or aircraft.
(2) The Comptroller‑General of Customs may approve, under section 4A, different forms for the purposes of this Division, for reports:
(a) made by different kinds of operators; or
(b) relating to different kinds of ships or aircraft; or
(c) made in different circumstances; or
(d) made in relation to different classes of persons who are expected to be, or who will be, on board a ship or aircraft.
Division 2—Questions about departing persons
106J Officers may question operators about departing persons
If a ship or aircraft is due to depart or is departing Australia, or has already departed Australia, an officer may require the operator of the ship or aircraft:
(a) to answer questions about the persons who are expected to be on board, or who are or were on board, the ship or aircraft; or
(b) to produce documents relating to those persons.
Note: Failing to answer a question or produce a document when required to do so by an officer may be an offence (see sections 243SA and 243SB).
Part VI—The exportation of goods
Division 1AAA—Preliminary
107 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 exports
112 Prohibited exports
(1) The Governor‑General may, by regulation, prohibit the exportation of goods from Australia.
(2) The power conferred by subsection (1) may be exercised:
(a) by prohibiting the exportation of goods absolutely;
(aa) by prohibiting the exportation of goods in specified circumstances;
(b) by prohibiting the exportation of goods to a specified place; or
(c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.
(2A) Without limiting the generality of paragraph (2)(c), the regulations:
(aa) may identify the goods to which the regulations relate by reference to their inclusion:
(i) in a list or other document formulated by a Minister and published in the Gazette or otherwise; or
(ii) in that list or other document as amended by the Minister and in force from time to time; and
(a) may provide that the exportation of the goods is prohibited unless a licence, permission, consent or approval to export 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; and
(ii) the granting of a licence or permission to export goods subject to compliance with conditions or requirements, either before or after the exportation of the goods, by the holder of the licence or permission at the time the goods are exported; and
(iii) the surrender of a licence or permission to export goods and, in particular, without limiting the generality of the foregoing, the surrender of a licence or permission to export 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 export 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 failure by the person to comply with the condition or requirement, whether or not the person is charged with an offence against subsection (2B) in respect of the failure; and
(v) the revocation of a licence or permission to export goods if the Defence Minister is satisfied that the exportation of the goods would prejudice the security, defence or international relations of Australia.
(2AA) Where a Minister makes an amendment to a list or other document:
(a) that is formulated and published by the Minister; and
(b) to which reference is made in regulations made for the purposes of paragraph (2)(c);
the amendment is a legislative instrument.
(2AB) 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.
(2B) A person commits an offence if:
(a) a licence or permission has been granted, on or after 10 November 1977, 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.
(2BA) Subsection (2B) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2BB) Absolute liability applies to paragraph (2B)(a), despite subsection (2BA).
Note: For absolute liability, see section 6.2 of the Criminal Code.
(2BC) A person commits an offence if:
(a) a licence or permission has been granted, on or after 10 November 1977, 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.
(2BE) Absolute liability applies to paragraph (2BC)(a).
Note: For absolute liability, see section 6.2 of the Criminal Code.
(3) Goods the exportation of which is prohibited under this section are prohibited exports.
(4) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
112A Certain controlled substances taken to be prohibited exports
(1) Subsection (2) applies if a substance or plant is a border controlled drug or a border controlled plant because of a determination made under section 301.13 of the Criminal Code (which deals with emergency Ministerial determinations of serious drugs).
Note: Border controlled drug and border controlled plant 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 section 301.13 of the Criminal Code, taken, for the purposes of the Part, to be border controlled drugs or border controlled plants 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, Part 1 of Schedule 8 to the Customs (Prohibited Exports) Regulations 1958 has effect as if the substance or plant were described as a drug in that Part.
(3) Subsection (4) applies if a substance is a border controlled precursor because of a determination made under section 301.14 of the Criminal Code (which deals with emergency Ministerial determinations of serious drug precursors).
Note: Border controlled precursor has the same meaning as in Part 9.1 of the Criminal Code (see subsection 4(1) of this Act). In that Part, that term includes substances that are, under section 301.14 of the Criminal Code, taken, for the purposes of the Part, to be border controlled precursors only in relation to particular offences against the Part, or particular elements of those offences.
(4) For the period during which the determination has effect, Part 1 of Schedule 9 to the Customs (Prohibited Exports) Regulations 1958 has effect as if the substance were described as a precursor substance in that Part.
112B Invalidation of licence, permission etc. for false or misleading information
A licence, permission, consent or approval granted in respect of the exportation 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 1AA—Export of goods for a military end‑use
112BA Notice prohibiting export
(1) If:
(a) the Defence Minister suspects that, if a person (the first person) were to export particular goods to a particular place or to a particular person, the goods would or may be for a military end‑use that would prejudice the security, defence or international relations of Australia; and
(b) the goods are not prohibited exports under section 112;
the Defence Minister may give the first person a notice prohibiting the first person from exporting the goods to the particular place or particular person.
Note: Section 112BB deals with giving notices under this section.
Reasons for notice
(2) A notice given to a person under subsection (1) must set out the Defence Minister’s reasons for giving the notice.
(3) The notice must not disclose any reasons whose disclosure the Defence Minister believes would prejudice the security, defence or international relations of Australia.
(4) If reasons are not disclosed in a notice under subsection (1) because of subsection (3), that fact must be stated in the notice.
Period notice in force
(5) A notice given to a person under subsection (1) comes into force at the time the person receives the notice. This subsection is subject to subsection (7).
(6) A notice given to a person under subsection (1) remains in force for the period specified in, or worked out in accordance with, the notice (which must not be more than 12 months), unless revoked earlier.
Later notices
(7) A notice may be given to a person under subsection (1) while an earlier notice given to the person under subsection (1) is in force. The later notice may be expressed to come into force at the time the earlier notice ceases to be in force.
(8) Subsection (7) does not prevent a notice being given to a person under subsection (1) after an earlier notice given to the person under subsection (1) ceases to be in force.
Notice not a legislative instrument
(9) A notice under subsection (1) is not a legislative instrument.
Revoking a notice
(10) The Defence Minister may, by writing, revoke a notice given to a person under subsection (1).
(11) The Defence Minister must give the person notice of the revocation. The revocation takes effect at the time the person receives the notice.
Note: Section 112BB deals with giving notices under this section.
Offence
(12) A person commits an offence if:
(a) the person exports goods to a particular place or particular person; and
(b) the export contravenes a notice that is in force under subsection (1); and
(c) the person knows of the contravention.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.
Definition
(13) In this section:
military end‑use: goods are or may be for a military end‑use if the goods are or may be for use in operations, exercises or other activities conducted by an armed force or an armed group, whether or not the armed force or armed group forms part of the armed forces of the government of a foreign country.
112BB How notices are to be given
(1) A notice given to a person under section 112BA must be given by one of the methods prescribed by the regulations.
(2) If a notice is given to a person under section 112BA by one of those methods, then, for the purposes of this Act, the person is taken to have received the notice at the time prescribed by, or worked out in accordance with, the regulations.