Commonwealth Consolidated Acts

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CUSTOMS ACT 1901 - SECT 73

Breaking bulk

  (1)   Subject to subsections   (2B) and (3), a person shall not break the bulk cargo of a ship arriving in, or on a voyage to, Australia while the ship is within waters of the sea within the outer limits of the territorial sea of Australia, including such waters within the limits of a State or an internal Territory.

Penalty:   250 penalty units.

  (2)   Subject to subsections   (2B) and (3), a person shall not break the bulk cargo of an aircraft arriving in, or on a flight to, Australia while the aircraft is:

  (a)   flying over Australia; or

  (b)   in, or flying over, waters of the sea within the outer limits of the territorial sea of Australia.

Penalty:   250 penalty units.

  (2A)   Subsections   (1) and (2) are offences of strict liability.

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

  (2B)   Subsections   (1) and (2) do not apply if the person has the permission of a Collector.

  (3)   Subsections   (1) and (2) do not apply in respect of goods authority to deal with which has been given under section   71B.


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