Section 195 Customs Act 1901 | Passenger Failing to Answer Question


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The Legislation

Section 195 of the Customs Act 1901 (Cth) deals with Passenger Failing to Answer Question and is extracted below.

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195 Power to question passengers etc.

(1) An officer of Customs may question:

(a) any person who is on board a ship or an aircraft or an installation of the kind referred to in paragraph 187(b), (c), (d) or (e); or
(b) any person who has, or who the officer has reason to believe has, got off a ship or out of an aircraft; or
(c) any person who the officer has reason to believe is about to board a ship or an aircraft;
as to whether that person or any child or other person accompanying him or her has on his or her person, in his or her baggage or otherwise with him or her any:
(d) dutiable goods; or
(e) excisable goods; or
(f) prohibited goods.

(2) A person shall answer questions put to him or her in pursuance of subsection (1).

Penalty: 10 penalty units.

(3) Subsection (2) is an offence of strict liability.

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