Section 233A Customs Act 1901 | Allowing Use of Ship for Smuggling


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The Legislation

Section 233A of the Customs Act 1901 (Cth) deals with Allowing Use of Ship for Smuggling and is extracted below.

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233A Master not to use or allow use of ship for smuggling etc.

(1) The master of a ship or the pilot of an aircraft shall not intentionally use his or her ship or aircraft, or intentionally suffer her to be used, in smuggling, or in the importation of any goods in contravention of this Act, or in the exportation or conveyance of any goods in contravention of this Act.

(1A) Subsection (1) does not apply if the goods smuggled, imported, exported or conveyed are narcotic goods.

Note: Most offences dealing with the importation and exportation of narcotic goods are located in Part 9.1 of the Criminal Code.

(1B) Subsection (1) does not apply if the goods smuggled, imported, exported or conveyed are unmarked plastic explosives.

Note: Section 72.13 of the Criminal Code creates an offence of importing or exporting unmarked plastic explosives.

(2) A person who contravenes subsection (1) is guilty of an offence punishable upon conviction:

(b) in the case of an offence committed in relation to the smuggling of goods—as provided by subsection 233AB(1); or
(c) in any other case—as provided by subsection 233AB(2).