Section 197 Customs Act 1901 | Failing to Stop Conveyance about to Leave Customs Place


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The Legislation

Section 197 of the Customs Act 1901 (Cth) deals with Failing to Stop Conveyance about to Leave Customs Place and is extracted below.

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197 Power to stop conveyances about to leave a Customs place

(1) If a conveyance is in a Customs place, an officer of Customs may:

(a) require the conveyance to stop; and
(b) check to establish that there is appropriate documentation authorising the movement of any goods in or on the conveyance that are subject to the control of Customs within the meaning of section 30.

(2) For the purposes of subsection (1), an officer of Customs may question the person apparently in charge of the conveyance about any goods in, on, or in a container on, the conveyance.

(3) The power in paragraph (1)(b) includes a power to give directions relating to:

(a) the unloading of any goods from the conveyance; or
(b) their movement to a particular part of the Customs place for further examination.

(4) If a direction under subsection (3) is not complied with, an officer of Customs may do what is necessary to give effect to the direction or to arrange for it to be done.

(5) An officer of Customs must not detain a conveyance under this section for longer than is necessary and reasonable to exercise the powers conferred by this section.

(6) A person in charge of a conveyance is guilty of an offence if:

(a) the conveyance is in a Customs place; and
(b) an officer of Customs requires the conveyance to stop; and
(c) the person does not stop the conveyance as so required.

Penalty: 45 penalty units.

(7) This offence is an offence of strict liability.