Section 33B Customs Act 1901 | Using Sea Installations Subject to Customs Control


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The Legislation

Section 33B of the Customs Act 1901 (Cth) deals with Using Sea Installations Subject to Customs Control and is extracted below.

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33B Sea installations subject to the control of the Customs

(1) A person shall not use an Australian sea installation that is subject to the control of the Customs.

Penalty: 500 penalty units.

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

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

(1B) Subsection (1) does not apply if the person has permission in force under subsection (2).

(2) The CEO may give permission in writing to a person specified in the permission, subject to such conditions (if any) as are specified in the permission, to engage in specified activities in relation to the use of an Australian sea installation that is subject to the control of the Customs.

(3) A person who has been given permission under subsection (2) shall not refuse or fail to comply with any condition (including a condition imposed or varied under subsection (4)) to which that permission is subject.

Penalty: 100 penalty units.

(4) Where the CEO has, under subsection (2), given a person permission to engage in any activities in relation to an Australian sea installation, the CEO may, while that installation remains subject to the control of the Customs, by notice in writing served on the person:

(a) suspend or revoke the permission;
(b) revoke or vary a condition to which the permission is subject; or
(c) impose new conditions to which the permission is to be subject.