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


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The Legislation

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

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58B Direct journeys between certain resources installations and external places prohibited

(1) In this section:

external place does not include East Timor.

(2) Subject to subsection (6), where a person travels from an external place to a resources installation in the Joint Petroleum Development Area (whether or not in the course of a longer journey) without entering either Australia or East Timor:

(a) that person; and
(b) the owner of the installation; and
(c) the owner and person in charge of the ship or aircraft on which the person arrives at the installation;
are each guilty of an offence against this section.

(3) Subject to subsection (6), where goods are taken from an external place to a resources installation in the Joint Petroleum Development Area (whether or not previously brought to that place from another place) without being taken into either Australia or East Timor:

(a) the owner of the goods at the time of their arrival at the installation; and
(b) the owner of the installation; and
(c) the owner and person in charge of the ship or aircraft on which the goods arrive at the installation;
are each guilty of an offence against this section.

(4) Subject to subsection (6), where a person travels from a resources installation in the Joint Petroleum Development Area to an external place (whether or not in the course of a longer journey) without entering either Australia or East Timor:

(a) that person; and
(b) the owner of the installation; and
(c) the owner and person in charge of the ship or aircraft on which the person left the installation;
are each guilty of an offence against this section.

(5) Subject to subsection (6), where goods are sent from a resources installation in the Joint Petroleum Development Area to an external place (whether or not the goods are sent on from that place) without being taken into Australia or East Timor:

(a) the person who sends the goods; and
(b) the owner of the installation; and
(c) the owner and person in charge of the ship or aircraft on which the goods leave the installation;
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 prosecution for an offence against this section 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; or
(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 a resources installation; or
(c) was authorised in writing by the CEO and was carried out in accordance with the conditions (if any) specified in the authorisation.

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

(8) For the purposes of this section:

(a) a person is not to be taken to travel from or to an external place or an installation only because the person is in an aircraft flying over, or on a landing place in or on, the place or installation; and
(b) goods are not to be taken to have been brought from, or sent to, an external place or an installation only because the goods were in an aircraft that flew over, or was on a landing place in or on, the place or installation.

(9) A person who commits an offence against this section is punishable, on conviction, by a fine not exceeding 100 penalty units.