Document ID: chunk:federal_register_of_legislation:C2004A00977:clause:4_3
Version: federal_register_of_legislation:C2004A00977
Segment Type: clause
Provision Reference: sch 4 cl 3
Character Range: 15550–17161

3  After subsection 64AB(3)
Insert:

 (3AA) If a ship is due to arrive at its first port in Australia since it last called at any port outside Australia, the master or owner of the ship must communicate to Customs a report of any cargo on board the ship that is intended to be kept on board the ship for shipment on to a place outside Australia:
 (a) if the journey from the last port is likely to take not less than 48 hours—not later than 48 hours before the ship's arrival at the port; and
 (b) if the journey from the last port is likely to take less than 48 hours—not later than 24 hours before its arrival.

 (3AB) If an aircraft is due to arrive at its first airport in Australia since it last departed from any airport outside Australia, the pilot or owner of the aircraft must communicate to Customs a report of any cargo on board the aircraft that is intended to be kept on board the aircraft for shipment on to a place outside Australia:
 (a) if that report is made by document—3 hours after the arrival of the aircraft at the airport; or
 (b) if that report is made by computer—2 hours before the arrival of the aircraft at the airport.

 (3AC) A person who intentionally contravenes subsection (3AA) or (3AB) commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units.

 (3AD) A person who contravenes subsection (3AA) or (3AB) commits an offence punishable, on conviction, by a penalty not exceeding 60 penalty units.

 (3AE) An offence against subsection (3AD) is an offence of strict liability.

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