Section 203A Customs Act 1901 | Failing to Provide Information about People Working in Restricted Areas


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The Legislation

Section 203A of the Customs Act 1901 (Cth) deals with Failing to Provide Information about People Working in Restricted Areas and is extracted below.

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213A Providing Customs with information about people working in restricted areas

(1) A person who employs or engages a restricted area employee must, within 7 days after doing so, provide to an authorised officer the required identity information in respect of the employee.

(2) If a person (the employer):

(a) employs or engages another person after the commencement of this section; and
(b) at a later time the other person becomes a restricted area employee of the employer;
the employer must, within 7 days after that later time, provide to an authorised officer the required identity information in respect of the employee.

(3) If:

(a) a person (the employer) employed or engaged another person before the commencement of this section; and
(b) the other person is a restricted area employee of the employer; and
(c) an authorised officer suspects on reasonable grounds that the other person has committed, or is likely to commit, an offence against a law of the Commonwealth;
the authorised officer may, in writing, request the employer to provide to the authorised officer, within 7 days after receiving the request, the required identity information in respect of the employee. The employer must comply with the request.

(4) A person does not comply with an obligation under subsection (1), (2) or (3) to provide information unless the person provides the information:

(a) in writing; or
(b) in such other form as the CEO determines in writing.

(5) A person commits an offence if the person fails to comply with subsection (1), (2) or (3).

Penalty: 30 penalty units.

(6) Subsection (5) is an offence of strict liability.

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

(7) In this section:
required identity information, in relation to a person, means any one or more of the following:

(a) the name and address of the person;
(b) the person’s date and place of birth;
(c) any other information prescribed by the regulations.

restricted area employee means a person whose duties include working in an area covered by a notice under subsection 234AA(3), but does not include a person who is issued with a security identification card.

security identification card means a card of a kind specified in the regulations.