CTHIn ForceAct
Excise Act 1901
39MRemoval of goods if licence ceases to be in force or is varied
Start here
Get a plain-English read of 39M
Turn the raw legal text into a practical explanation grounded in Excise Act 1901.
39M Removal of goods if licence ceases to be in force or is varied
Fault‑based offences
(1) If a licence ceases to be in force, a person must not, without permission, intentionally remove from any of the premises that were covered by the licence any excisable goods on which duty has not been paid knowing, or being reckless as to whether, the goods are excisable goods on which duty has not been paid.
(b) 5 times the amount of duty that would be payable if the goods had been entered for home consumption on the penalty day.
(2) If a licence is varied to no longer cover particular premises, a person must not, without permission, intentionally remove from the premises any excisable goods on which duty has not been paid, knowing, or being reckless as to whether, the goods are excisable goods on which duty has not been paid.
(b) 5 times the amount of duty that would be payable if the goods had been entered for home consumption on the penalty day.
Strict liability offences
(3) If a licence ceases to be in force, a person must not, without permission, remove from any of the premises that were covered by the licence:
(a) any excisable goods the duty on which has not been paid; or
(b) any tobacco seed, tobacco plant or tobacco leaf.
(3A) If a licence is varied to no longer cover particular premises, a person must not, without permission, remove from the premises any excisable goods on which duty has not been paid.
(4) Strict liability applies to subsections (3) and (3A).