Document ID: chunk:federal_register_of_legislation:C2025C00155:section:175:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 175 (pt 2/3)
Character Range: 1116659–1119306

(3AAA) Subsection (3A) applies to an Australian ship described in paragraph (3A)(a) if the ship is anywhere outside the territorial sea of a foreign country.
 (3B) A person who is:
 (a) the owner or master of a ship (other than an Australian ship) that is currently engaged in making an international voyage or a prescribed voyage; or
 (b) the owner or pilot of an aircraft (other than an Australian aircraft) that is currently engaged in making an international flight or a prescribed flight;
must not allow any goods to be transferred between that ship or aircraft and a coastal ship or coastal aircraft if the transfer takes place in, or in the airspace above (as the case may be), the waters of the sea within:
 (c) the outer limits of the territorial sea of Australia, including such waters within the limits of a State or an internal Territory; or
 (d) 500 metres of:
 (i) an Australian resources installation; or
 (ii) an Australian sea installation; or
 (iii) an Australian offshore electricity installation.
Penalty: 250 penalty units.
 (3BA) For the purposes of subsections (2), (3), (3A) and (3B), strict liability applies to such of the following physical elements of circumstance as are relevant to the offence:
 (a) that an aircraft is engaged in making an international flight or a prescribed flight; or
 (b) that a ship is engaged in making an international voyage or a prescribed voyage.
 (3C) Subsection (2), (3), (3A) or (3B) does not apply if a Collector has given permission (for the transfer of the goods) to:
 (a) in the case of subsection (2)—the owner or master of the coastal ship referred to in that subsection; and
 (b) in the case of subsection (3)—the owner or pilot of the coastal aircraft referred to in that subsection; and
 (c) in the case of subsection (3A) or (3B)—the owner or master of the coastal ship referred to in that subsection or the owner or pilot of the coastal aircraft referred to in that subsection (as the case requires).
 (3D) A permission under subsection (3C) may only be given on application under subsection (3E).
 (3E) The owner or master of a coastal ship, or the owner or pilot of a coastal aircraft, may apply for a permission under subsection (3C).
 (3F) An application under subsection (3E) must:
 (a) be in writing; and
 (b) be in an approved form; and
 (c) contain such information as the form requires; and
 (d) be signed in the manner indicated in the form.
 (3G) The Comptroller‑General of Customs may approve different forms for applications to be made under subsection (3E) in different circumstances, by different kinds of owners or masters of coastal ships or owners or pilots