Customs Act 1901

PART XIII - PENAL PROVISIONS  

Division 2 - Penalties  

SECTION 234AB   UNAUTHORISED USE OF CAMERAS AND SOUND RECORDERS  

234AB(1)    
An officer may direct a person, including a passenger disembarking from, or embarking on, a ship or aircraft -

(a) to use:

(i) a camera or sound recorder; or

(ii) a mobile phone or other electronic form of communication;

at a place in relation to which a sign is displayed under subsection 234AA(2) ; or

(b) not to operate a camera, or use an appliance to record or transmit sound, at a place (being a place that is part of a ship, of an aircraft or of a wharf) at a time when the personal baggage of passengers or crew disembarking from, or embarking on, a ship or aircraft, is being examined, for the purposes of this Act, at or in the vicinity of that place.

234AB(2)    
Where an officer gives to a person a direction under subsection (1), the officer shall inform that person that failure to comply with that direction is an offence under this Act.

234AB(3)    

A person shall not fail to comply with a direction given to that person by an officer in accordance with subsection (1).

Penalty: 30 penalty units.

234AB(3A)    

Subsection (3) does not apply if the person has a reasonable excuse.

234AB(3B)    

Subsection (3) is an offence of strict liability.

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

234AB(4)    

In any proceedings for the prosecution of a person for an offence against subsection (3), evidence that a sign indicating that the use of:

(a) cameras or sound recorders; or

(b) mobile phones or other electronic forms of communication;

at a place is prohibited by this Act was displayed at or near that place is prima facie evidence that the sign was so displayed in accordance with subsection 234AA(2) .

234AB(5)    
In this section " camera " includes any device for making or transmitting, or designed for use in the making or transmission of, images of objects.

234AB(6)    
For the purposes of this section, a person shall be taken to use an appliance to transmit sound at a place if, and only if, the person uses the appliance to transmit sound, other than sound coming from the appliance, from the place to another place.