Section 234A Customs Act 1901 | Unauthorised Entry


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The Legislation

Section 234A of the Customs Act 1901 (Cth) deals with Unauthorised Entry and is extracted below.

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234A Unauthorised entry to places and on ships, aircraft or wharves

(1) A person shall not:

(a) enter into, or be in, a place in relation to which a sign is displayed under subsection 234AA(1); or
(b) enter on or be in or on:

(i) a ship;
(ii) an aircraft;
(iii) the wharf at which, or the part of a wharf adjacent to which, a ship is berthed;
at a time when goods being the personal baggage of passengers disembarking from, or embarking on that ship or aircraft are being examined, for the purposes of this Act, at or in the vicinity of the ship, aircraft, wharf or part of a wharf.

Penalty: 50 penalty units.

(1AA) Subsection (1) is an offence of strict liability.

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

(1A) Subsection (1) does not apply if the person:

(a) enters into or is in the place, by the authority of a Collector; or
(ab) is the holder of a security identification card (within the meaning of section 213A) who:

(i) enters into, or is in, the place for the purposes of his or her employment; and
(ii) is not subject to a direction under subsection (1B); or

(b) enters on or is in or on, the ship, aircraft, wharf or the part of a wharf, by the authority of a Collector; or
(c) is a member of a crew disembarking from, or embarking on, a ship or aircraft; or
(d) is a passenger disembarking from, or embarking on, a ship or aircraft; or
(e) is included in a class of persons whom the CEO determines, in writing, to be exempt from this section.

(1B) A Collector may, at any time, by written notice given to a person who is the holder of a security identification card (within the meaning of section 213A), direct the person not to enter into, or be in or on:

(a) a place in relation to which a sign is displayed under subsection 234AA(1); or
(b) any of the following:

(i) a ship;
(ii) an aircraft;
(iii) the wharf at which, or the part of a wharf adjacent to which, a ship is berthed;
at a time when goods being the personal baggage of passengers disembarking from, or embarking on that ship or aircraft are being examined, for the purposes of this Act, at or in the vicinity of the ship, aircraft, wharf or part of a wharf.

(2) Subsection (1) does not prohibit a person who has, or is a member of an authority which has, the management or control of a wharf or wharves or an airport or airports from entering on, or being in or on, a place, ship, aircraft, wharf or part of a wharf for the purposes of that management or control.

(3) In any proceedings for the prosecution of a person for an offence against subsection (1), evidence that a sign stating that entry into a place is prohibited by this Act was displayed at or near that place is prima facie evidence that the sign was so displayed in accordance with subsection 234AA(1).