Section 73 Customs Act 1901 | Breaking Bulk


Print
The Legislation

Section 73 of the Customs Act 1901 (Cth) deals with Breaking Bulk and is extracted below.

Our exceptional criminal lawyers are vastly experienced and highly successful in defending Customs Act cases.

Call us today on (02) 9261 8881 for a free first appointment.

73 Breaking bulk

(1) Subject to subsections (2B) and (3), a person shall not break the bulk cargo of a ship arriving in, or on a voyage to, Australia while the ship is within waters of the sea within the outer limits of the territorial sea of Australia, including such waters within the limits of a State or an internal Territory.

Penalty: 250 penalty units.

(2) Subject to subsections (2B) and (3), a person shall not break the bulk cargo of an aircraft arriving in, or on a flight to, Australia while the aircraft is:

(a) flying over Australia; or
(b) in, or flying over, waters of the sea within the outer limits of the territorial sea of Australia.

Penalty: 250 penalty units.

(2A) Subsections (1) and (2) are offences of strict liability.

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

(2B) Subsections (1) and (2) do not apply if the person has the permission of a Collector.
(3) Subsections (1) and (2) do not apply in respect of goods authority to deal with which has been given under section 71B.