Section 233C Customs Act 1901 | Giving False Information Regarding UN Sanctioned Goods

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Section 233C of the Customs Act 1901 (Cth) deals with Giving False Information Regarding UN Sanctioned Goods and is extracted below.

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The Legislation

233C Offence for giving false or misleading information in relation to UN sanctioned goods

Individuals
(1) An individual commits an offence if:

(a) an application is made in respect of UN sanctioned goods under:

(i) the Customs (Prohibited Imports) Regulations 1956; or
(ii) the Customs (Prohibited Exports) Regulations 1958; and

(b) the application is made in an approved form; and
(c) the individual signed the form; and
(d) information contained in, or information or a document accompanying, the form:

(i) is false or misleading; or
(ii) omits any matter or thing without which the information or document is misleading.

Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.

Bodies corporate
(2) A body corporate commits an offence if:

(a) an application is made by or on behalf of the body corporate; and
(b) the application is in an approved form; and
(c) the application is made in respect of UN sanctioned goods under:

(i) the Customs (Prohibited Imports) Regulations 1956; or
(ii) the Customs (Prohibited Exports) Regulations 1958; and

(d) information contained in, or information or a document accompanying, the form:

(i) is false or misleading; or
(ii) omits any matter or thing without which the information or document is misleading.

Penalty: 12,500 penalty units.

(3) Subsection (1) or (2) does not apply:

(a) as a result of subparagraph (1)(d)(i) or (2)(d)(i)—if the information or document is not false or misleading in a material particular; or
(b) as a result of subparagraph (1)(d)(ii) or (2)(d)(ii)—if the information or document did not omit any matter or thing without which the information or document is misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

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