Customs Act 1901
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View history noteDiv 4 heading substituted by No 95 of 2001, s 3, Sch 2, item 4, effective 1 July 2002. Item 5A of s 3, Sch 2 of No 95 of 2001 states: ``Despite the repeal by item 5 of sections 243T, 243U and 243V of the Customs Act 1901 , those sections continue to apply in respect of statements made before the repeal''.
A person commits an offence if the person:
(a) makes, or causes to be made, to an officer a statement, in a cargo report or an outturn report, that is false or misleading in a material particular; or
(b) omits, or causes to be omitted, from a statement, in a cargo report or an outturn report, made to an officer any matter or thing without which the statement is false or misleading in a material particular.
S 243V(1) amended by No 136 of 2003, s 3, Sch 1, Pt 4, item 29-30, effective 14 January 2004.
243V(2)
An offence against subsection (1) is an offence of strict liability.
243V(3)
The penalty for a conviction for an offence against subsection (1) is an amount not exceeding 60 penalty units.
S 243V(3) amended by No 52 of 2013, s 3 and Sch 1 item 125, effective 28 November 2013.
243V(4)
For the purposes of subsection (1), a person is taken to cause to be made a statement described in paragraph (1)(a) if:
(a) the person gives information that is false or misleading in a material particular to another person for inclusion in a statement, in a cargo report or an outturn report, by the other person or someone else to an officer; and
(b) the other person or someone else makes a statement including the information to an officer, in a cargo report or an outturn report.
This subsection does not limit the ways in which a person may cause to be made a statement described in paragraph (1)(a).
S 243V(4) inserted by No 136 of 2003, s 3, Sch 1, Pt 4, item 31, effective 14 January 2004.
243V(5)
For the purposes of subsection (1), a person is taken to cause an omission described in paragraph (1)(b) to be made if:
(a) the person gives to another person, for inclusion in a statement, in a cargo report or an outturn report, by the other person or someone else to an officer, information that is false or misleading in a material particular because of an omission of other information that the person has; and
(b) the other person or someone else makes a statement including the information to an officer, in a cargo report or an outturn report.
This subsection does not limit the ways in which a person may cause an omission described in paragraph (1)(b) to be made.
S 243V(5) inserted by No 136 of 2003, s 3, Sch 1, Pt 4, item 31, effective 14 January 2004.
S 243V substituted by No 95 of 2001, s 3, Sch 2, item 5, effective 1 July 2002. Item 5A of s 3, Sch 2 of No 95 of 2001 states: " Despite the repeal by item 5 of sections 243T, 243U and 243V of the Customs Act 1901 , those sections continue to apply in respect of statements made before the repeal " .
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