Section 73 Customs Act 1901 | Breaking Bulk


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Section 73 of the Customs Act 1901 (Cth) deals with Breaking Bulk and is extracted below.

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The Legislation

73 Breaking bulk

(1) Subject to subsections (2B) and (3), a person shall not break the bulk cargo of a ship arriving in, or on a voyage to, Australia while the ship is within waters of the sea within the outer limits of the territorial sea of Australia, including such waters within the limits of a State or an internal Territory.

Penalty: 250 penalty units.

(2) Subject to subsections (2B) and (3), a person shall not break the bulk cargo of an aircraft arriving in, or on a flight to, Australia while the aircraft is:

(a) flying over Australia; or
(b) in, or flying over, waters of the sea within the outer limits of the territorial sea of Australia.

Penalty: 250 penalty units.

(2A) Subsections (1) and (2) are offences of strict liability.

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

(2B) Subsections (1) and (2) do not apply if the person has the permission of a Collector.
(3) Subsections (1) and (2) do not apply in respect of goods authority to deal with which has been given under section 71B.

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