Section 58A Customs Act 1901 | Direct Journeys Between Installations and External Places


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The Legislation

Section 58A of the Customs Act 1901 (Cth) deals with Direct Journeys Between Installations and External Places and is extracted below.

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58A Direct journeys between installations and external places prohibited

(1) For the purposes of this section, installations shall be deemed not to be a part of Australia.

(2) Subject to subsection (6), where a person:

(a) travels from an external place to:

(i) a sea installation installed in an adjacent area or in a coastal area; or
(ii) a resources installation attached to the Australian seabed;
whether or not in the course of a longer journey; and

(b) has not been available for questioning in Australia for the purposes of this Act after leaving the place and before arriving at the installation;
then:
(c) that person;
(d) the holder of the permit for the installation or, if there is no such holder, the owner of the installation; and
(e) the owner and person in charge of a ship or aircraft on which the person travelled from the place to the installation;
are each guilty of an offence against this section.

(3) Subject to subsection (6), where goods:

(a) are brought from an external place to:

(i) a sea installation installed in an adjacent area or in a coastal area; or
(ii) a resources installation attached to the Australian seabed;
whether or not previously brought to that place from another place; and

(b) have not been available for examination in Australia for the purposes of this Act after leaving the place and before arriving at the installation;
then:
(c) the owner of the goods at the time of their arrival at the installation;
(d) the holder of the permit for the installation or, if there is no such holder, the owner of the installation; and
(e) the owner and person in charge of a ship or aircraft on which the goods were transported from the place to the installation;
are each guilty of an offence against this section.

(4) Subject to subsection (6), where a person:

(a) travels from:

(i) a sea installation installed in an adjacent area or in a coastal area; or
(ii) a resources installation attached to the Australian seabed;
whether or not in the course of a longer journey; and

(b) has not been available for questioning in Australia for the purposes of this Act after leaving the installation and before arriving in the place;
then:
(c) that person;
(d) the holder of the permit for the installation or, if there is no such holder, the owner of the installation; and
(e) the owner and person in charge of a ship or aircraft on which the person travelled from the installation to the place;
are each guilty of an offence against this section.

(5) Subject to subsection (6), where goods:

(a) are sent from:

(i) a sea installation installed in an adjacent area or in a coastal area; or
(ii) a resources installation attached to the Australian seabed;
whether or not the goods are sent on from that place; and

(b) have not been available for examination in Australia for the purposes of this Act after leaving the installation and before arriving in the place;
then:
(c) the person who sent the goods;
(d) the holder of the permit for the installation or, if there is no such holder, the owner of the installation; and
(e) the owner and person in charge of a ship or aircraft on which the goods were transported from the installation to the place;
are each guilty of an offence against this section.

(5A) Subsections (2), (3), (4) and (5) are offences of strict liability.

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

(6) It is a defence to a charge of an offence against this section if it is established that the journey because of which the offence would have been committed:

(a) was necessary to secure the safety of, or appeared to be the only way of averting a threat to, human life;
(b) was necessary to secure, or appeared to be the only way of averting a threat to, the safety of a ship at sea, of an aircraft in flight or of an installation; or
(c) was authorised in writing, by the CEO, and was carried out in accordance with the conditions (if any) specified in that authorisation.

(7) Subsection (6) shall not be taken to limit by implication any defence that would, but for the subsection, be available to a person charged with an offence against this section.

(8) For the purposes of this section:

(a) a person shall not be taken to travel from or to an external place or an installation because only of having been in an aircraft flying over, or on a landing place in, the place or installation; and
(b) goods shall not be taken to have been brought from, or sent to, an external place or an installation because only of being in an aircraft flying over, or on a landing place in, the place or installation.

Penalty: 100 penalty units.