Document ID: chunk:federal_register_of_legislation:C2004A00954:clause:1_18:p1
Version: federal_register_of_legislation:C2004A00954
Segment Type: clause
Provision Reference: sch 1 cl 18 (pt 1/2)
Character Range: 15010–17774

18  Subsections 67(1), (2), (3) and (4)
Repeal the subsections, substitute:

Basic illegal importation offence

 (1) A person is guilty of an offence against this subsection if:
 (a) the person imports, introduces, or brings into any port or other place in Australia or the Cocos Islands any thing; and
 (b) the person knows that the thing is:
 (i) a disease or pest; or
 (ii) a substance or article containing a disease or pest; or
 (iii) an animal, plant or other goods; and
 (c) the importation, introduction or bringing in of the thing is in contravention of this Act.

Maximum penalty: Imprisonment for 10 years.

Strict liability applies to paragraph (1)(c)

 (2) For the purposes of an offence against subsection (1), strict liability applies to paragraph (1)(c).

Aggravated illegal importation offence

 (3) A person is guilty of aggravated illegal importation if:
 (a) the person imports, introduces, or brings into any port or other place in Australia or the Cocos Islands any thing; and
 (b) the person knows that the thing is:
 (i) a disease or pest; or
 (ii) a substance or article containing a disease or pest; or
 (iii) an animal, plant or other goods; and
 (c) the importation, introduction or bringing in of the thing is in contravention of this Act; and
 (d) the person obtains, or is likely to obtain, a commercial advantage over the person's competitors or potential competitors.

Maximum penalty:
 (a) if the offender is an individual—imprisonment for 10 years or a fine of 2,000 penalty units, or both; and
 (b) if the offender is a body corporate—a fine of 10,000 penalty units.

Examples of commercial advantage

 (4) The following are examples of a commercial advantage as referred to in subsection (3):
 (a) the avoidance of business costs associated with obtaining an import permit or meeting quarantine requirements; or
 (b) the avoidance of delays necessarily involved in compliance with applicable quarantine measures.

Strict liability applies to paragraph (3)(c)

 (4A) For the purposes of an offence against subsection (3), strict liability applies to paragraph (3)(c).

Illegal removal offence

 (4B) A person is guilty of an offence against this subsection if:
 (a) the person removes any thing:
 (i) from a part of Australia to another part of Australia; or
 (ii) from a part of the Cocos Islands to another part of the Cocos Islands; or
 (iii) from Australia to the Cocos Islands; or
 (iv) from the Cocos Islands to Australia; and
 (b) the person knows that the thing is an animal, plant or other goods; and
 (c) the removal of the thing is in contravention of this Act.

Maximum penalty: Imprisonment for 10 years.

Strict liability applies to paragraph (4B)(c)

 (4C) For the purposes of an offence against subsection