Section 60 Customs Act 1901 | Boarding Stations


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The Legislation

Section 60 of the Customs Act 1901 (Cth) deals with Boarding Stations and is extracted below.

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60 Boarding stations

(1) The master of every ship from a place outside Australia bound to or calling at any port shall bring his or her ship to for boarding at a boarding station appointed for that port and shall permit his or her ship to be boarded.

Penalty: 100 penalty units.

(1A) Subsection (1) is an offence of strict liability.

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

(2) The pilot of an aircraft from a place outside Australia arriving in Australia shall not suffer the aircraft to land at any other airport until the aircraft has first landed:

(a) at such airport for which a boarding station is appointed as is nearest to the place at which the aircraft entered Australia; or
(b) at such other airport for which a boarding station is appointed as has been approved by the CEO, in writing, as an airport at which that aircraft, or a class of aircraft in which that aircraft is included, may land on arriving in Australia from a place outside Australia.

Penalty: 100 penalty units.

(2A) For the purposes of an offence against subsection (2), strict liability applies to the physical element of circumstance of the offence, that an airport for which a boarding station is appointed and at which the aircraft did not first land:

(a) is nearest to the place at which the aircraft entered Australia; or
(b) is one that has been approved by the CEO, in writing, as an airport at which that aircraft, or a class of aircraft in which that aircraft is included, may land on arriving in Australia from a place outside Australia.

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

(3) The pilot of an aircraft engaged on an air service or flight between Australia and a place outside Australia:

(a) shall not suffer the aircraft to land at an airport for which a boarding station is not appointed; and
(b) shall, as soon as practicable after the aircraft lands at an airport, bring the aircraft for boarding to a boarding station appointed for that airport and shall permit the aircraft to be boarded.

Penalty: 100 penalty units.

(4) It is a defence to a prosecution for an offence against a provision of subsection (2) or (3) if the person charged proves that he or she was prevented from complying with the provision by stress of weather or other reasonable cause.