Section 50 Customs Act 1901 | Prohibition of the Importation of Goods


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The Legislation

Section 50 of the Customs Act 1901 (Cth) deals with Prohibition of the Importation of Goods and is extracted below.

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50 Prohibition of the importation of goods

(1) The Governor General may, by regulation, prohibit the importation of goods into Australia.

(2) The power conferred by the last preceding subsection may be exercised:

(a) by prohibiting the importation of goods absolutely;
(aa) by prohibiting the importation of goods in specified circumstances;
(b) by prohibiting the importation of goods from a specified place; or
(c) by prohibiting the importation of goods unless specified conditions or restrictions are complied with.

(3) Without limiting the generality of paragraph (2)(c), the regulations:

(a) may provide that the importation of the goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations made under this Act or the Therapeutic Goods Act 1989; and
(b) in relation to licences or permissions granted as prescribed by regulations made under this Act—may make provision for and in relation to:
(i) the assignment of licences or permissions so granted or of licences or permissions included in a prescribed class of licences or permissions so granted;
(ii) the granting of a licence or permission to import goods subject to compliance with conditions or requirements, either before or after the importation of the goods, by the holder of the licence or permission at the time the goods are imported;
(iii) the surrender of a licence or permission to import goods and, in particular, without limiting the generality of the foregoing, the surrender of a licence or permission to import goods in exchange for the granting to the holder of the surrendered licence or permission of another licence or permission or other licences or permissions to import goods; and
(iv) the revocation of a licence or permission that is granted subject to a condition or requirement to be complied with by a person for a failure by the person to comply with the condition or requirement, whether or not the person is charged with an offence against subsection (4) in respect of the failure.

(3A) Without limiting the generality of subparagraph (3)(b)(ii), a condition referred to in that subparagraph may be a condition that, before the expiration of a period specified in the permission or that period as extended with the approval of the Collector, that person, or, if that person is a natural person who dies before the expiration of that period or that period as extended, as the case may be, the legal personal representative of that person, shall export, or cause the exportation of, the goods from Australia.

(4) A person is guilty of an offence if:

(a) a licence or permission has been granted, on or after 16 October 1963, under the regulations; and
(b) the licence or permission relates to goods that are not narcotic goods; and
(c) the licence or permission is subject to a condition or requirement to be complied with by the person; and
(d) the person engages in conduct; and
(e) the person’s conduct contravenes the condition or requirement.

Penalty: 100 penalty units.

(5) Subsection (4) is an offence of strict liability.

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

(6) Absolute liability applies to paragraph (4)(a), despite subsection (5).

Note: For absolute liability, see section 6.2 of the Criminal Code.

(7) A person is guilty of an offence if:

(a) a licence or permission has been granted, on or after 16 October 1963, under the regulations; and
(b) the licence or permission relates to goods that are narcotic goods; and
(c) the licence or permission is subject to a condition or requirement to be complied with by the person; and
(d) the person engages in conduct; and
(e) the person’s conduct contravenes the condition or requirement.

Penalty: Imprisonment for 2 years or 20 penalty units, or both.

(9) Absolute liability applies to paragraph (7)(a).

Note: For absolute liability, see section 6.2 of the Criminal Code.

(10) In this section:

engage in conduct means:
(a) do an act; or
(b) omit to perform an act.