Document ID: chunk:federal_register_of_legislation:C2025C00015:section:188
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 188
Character Range: 323983–325060

188  Receiving or possessing prohibited or suspended goods brought or imported into Australian territory

Strict liability offence
 (1) A person commits an offence of strict liability if:
 (a) the person receives, or has in the person's possession, goods; and
 (b) the goods are:
 (i) prohibited goods; or
 (ii) suspended goods.
Note: For strict liability, see section 6.1 of the Criminal Code.
Penalty: 60 penalty units.

Exception
 (2) Subsection (1) does not apply if:
 (a) the goods were not brought or imported into Australian territory; or
 (b) the goods were brought or imported into Australian territory but, at the time they were brought or imported into Australian territory, they were not:
 (i) prohibited goods; or
 (ii) suspended goods; or
 (c) the goods are the progeny of other goods that were legally brought or imported into Australian territory.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).

Chapter 4—Managing biosecurity risks: conveyances

Part 1—Introduction