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Section 203A Customs Act 1901
Failing to Provide Information about People Working in Restricted Areas

Section 203A of the Customs Act 1901 (Cth) deals with Failing to Provide Information about People Working in Restricted Areas and is extracted below.

Our exceptional criminal lawyers are vastly experienced and highly successful in defending Customs Act cases.

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The Legislation

213A Providing Customs with information about people working in restricted areas

(1) A person who employs or engages a restricted area employee must, within 7 days after doing so, provide to an authorised officer the required identity information in respect of the employee.

(2) If a person (the employer):

(a) employs or engages another person after the commencement of this section; and
(b) at a later time the other person becomes a restricted area employee of the employer;
the employer must, within 7 days after that later time, provide to an authorised officer the required identity information in respect of the employee.

(3) If:

(a) a person (the employer) employed or engaged another person before the commencement of this section; and
(b) the other person is a restricted area employee of the employer; and
(c) an authorised officer suspects on reasonable grounds that the other person has committed, or is likely to commit, an offence against a law of the Commonwealth;
the authorised officer may, in writing, request the employer to provide to the authorised officer, within 7 days after receiving the request, the required identity information in respect of the employee. The employer must comply with the request.

(4) A person does not comply with an obligation under subsection (1), (2) or (3) to provide information unless the person provides the information:

(a) in writing; or
(b) in such other form as the CEO determines in writing.

(5) A person commits an offence if the person fails to comply with subsection (1), (2) or (3).

Penalty: 30 penalty units.

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

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

(7) In this section:
required identity information, in relation to a person, means any one or more of the following:

(a) the name and address of the person;
(b) the person’s date and place of birth;
(c) any other information prescribed by the regulations.

restricted area employee means a person whose duties include working in an area covered by a notice under subsection 234AA(3), but does not include a person who is issued with a security identification card.

security identification card means a card of a kind specified in the regulations.

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Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

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