Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 4 - Generic assessment, collection and recovery rules  

PART 4-30 - OFFENCES AND PROSECUTIONS  

Division 308 - Offences relating to tobacco  

Subdivision 308-A - Reasonable suspicion offences relating to tobacco  

Guide to Subdivision 308-A

SECTION 308-5   WHAT THIS SUBDIVISION IS ABOUT  


This Subdivision sets out offences for the possession, sale or buying of tobacco of various quantities where it is reasonable to suspect that none of the following circumstances exist:

(a) excise duty has been paid on the tobacco;

(b) customs duty has been paid on the tobacco;

(c) excise duty is not payable on the tobacco because of an exemption under a law of the Commonwealth;

(d) customs duty is not payable on the tobacco because of an exemption under a law of the Commonwealth.

This Subdivision sets out defences to those offences, such as where an accused person has a relevant permission or licence under excise or customs legislation.


TABLE OF SECTIONS
TABLE OF SECTIONS
308-10 Possession of tobacco (500 kilograms or above) - reasonable suspicion offence
308-15 Possession of tobacco (100 kilograms or above) - reasonable suspicion offence
308-20 Possession of tobacco (5 kg or above) - reasonable suspicion offence
308-25 Sale of tobacco (500 kilograms or above) - reasonable suspicion offence
308-30 Sale of tobacco (100 kilograms or above) - reasonable suspicion offence
308-35 Sale of tobacco (5 kg or above) - reasonable suspicion offence
308-40 Buying of tobacco (500 kilograms or above) - reasonable suspicion offence
308-45 Buying of tobacco (100 kilograms or above) - reasonable suspicion offence
308-50 Buying of tobacco (5 kg or above) - reasonable suspicion offence
308-55 Matters taken to satisfy " reasonable to suspect " requirement




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