Section 64 Customs Act 1901 | Impending Airport Arrival


Print
The Legislation

Section 64 of the Customs Act 1901 (Cth) deals with Impending Airport Arrival 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.

64 Impending arrival report

(1) This section applies to a ship or aircraft in respect of a voyage or flight to Australia from a place outside Australia.

(2) If the ship or aircraft is due to arrive at a port or airport in Australia (whether the first port or airport or any subsequent port or airport on the same voyage or flight), the operator must report to Customs, in accordance with this section, the impending arrival of the ship or aircraft.

(3) Subject to subsection (4), the report of the impending arrival of the ship or aircraft may be made by document or electronically.

(4) If the operator is required to report to Customs under section 64AAB, or to make a cargo report, in respect of the voyage or flight, the report of the impending arrival of the ship or aircraft must be made electronically.

(5) A report of the impending arrival of a ship (other than a pleasure craft) must be made:

(a) not earlier than 10 days before the time stated in the report to be the estimated time of arrival of the ship; and
(b) not later than:

(i) the start of the prescribed period before its estimated time of arrival; or
(ii) if the journey is of a kind described in regulations made for the purposes of this subparagraph—the start of the shorter period specified in those regulations before its estimated time of arrival.

(5A) A report of the impending arrival of a pleasure craft must be made:

(a) not earlier than the prescribed number of days before the time stated in the report to be the estimated time of arrival of the pleasure craft; and
(b) not later than:

(i) the start of the prescribed period before its estimated time of arrival; or
(ii) if the journey is of a kind described in regulations made for the purposes of this subparagraph—the start of the shorter period specified in those regulations before its estimated time of arrival.

(6) Regulations made for the purposes of paragraph (5)(b) or (5A)(b) may prescribe matters of a transitional nature (including prescribing any saving or application provisions) arising out of the making of regulations for those purposes.

(7) A report of the impending arrival of an aircraft must be made:

(a) not earlier than 10 days before the time stated in the report to be the estimated time of arrival of the aircraft; and
(b) not later than the prescribed period before that time.

(8) For the purposes of paragraph (7)(b), the prescribed period before the estimated time of arrival of an aircraft is:

(a) if the flight from the last airport is likely to take not less than 3 hours—3 hours or such other period as is prescribed by the regulations; or
(b) if the flight from the last airport is likely to take less than 3 hours:

(i) one hour or such other period as is prescribed by the regulations; or
(ii) if the flight is of a kind described in regulations made for the purposes of this subparagraph—such shorter period as is specified in those regulations.

(9) A documentary report must:

(a) be in writing; and
(b) be in an approved form; and
(c) be communicated to Customs by sending or giving it to an officer doing duty in relation to the reporting of ships or aircraft at the port or airport at which the ship or aircraft is expected to arrive; and
(d) contain such information as is required by the form; and
(e) be signed in a manner specified in the form.

(10) An electronic report must communicate such information as is set out in an approved statement.

(11) The CEO may approve different forms for documentary reports, and different statements for electronic reports, to be made under subsections (9) and (10) in different circumstances, by different kinds of operators of ships or aircraft or in respect of different kinds of ships or aircraft.

(12) An operator of a ship or aircraft who intentionally contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.

(13) An operator of a ship or aircraft who contravenes this section commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.

(14) An offence against subsection (13) is an offence of strict liability.