Customs Act 1901

PART IV - THE IMPORTATION OF GOODS  

Division 4 - The Entry, Unshipment, Landing, and Examination of Goods  

SECTION 74   OFFICER MAY GIVE DIRECTIONS AS TO STORAGE OR MOVEMENT OF CERTAIN GOODS  

74(1)  


If an officer has reasonable grounds to suspect that a report of the cargo made in respect of a ship or aircraft:


(a) has not included particular goods that are intended to be unloaded from the ship or aircraft at a port or airport in Australia; or


(b) has incorrectly described particular goods;

the officer may give written directions to the cargo reporter as to how and where the goods are to be stored, and as to the extent (if any) to which the goods may be moved.

74(2)  
An officer who has given a written direction under subsection (1) may, by writing, cancel the direction if the officer is satisfied that a report of the cargo made in respect of the ship or aircraft has included, or correctly described, as the case may be, the goods.

74(3)  
If an officer has reasonable grounds to suspect that particular goods in the cargo that is to be, or has been, unloaded from a ship or aircraft are prohibited goods, the officer may give written directions to:


(a) the cargo reporter; or


(b) the stevedore or depot operator whose particulars have been communicated to the Department by the operator of the ship or aircraft under section 64AAC ;

as to how and where the goods are to be stored, and as to the extent (if any) to which the goods may be moved.

74(4)  
An officer who has given a written direction under subsection (3) may, by writing, cancel the direction if the officer is satisfied that the cargo does not contain prohibited goods.

74(5)  
A person who intentionally contravenes a direction given to the person under subsection (1) or (3) commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.

74(6)  
A person who contravenes a direction given to the person under subsection (1) or (3) commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.

74(7)  
An offence against subsection (6) is an offence of strict liability.




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