Document ID: chunk:federal_register_of_legislation:C2004A00908:clause:1_50
Version: federal_register_of_legislation:C2004A00908
Segment Type: clause
Provision Reference: sch 1 cl 50
Character Range: 34901–35789

50  After subsection 233(3)
Insert:

 (3A) A Customs officer who, in the course of duty, possesses or conveys, or facilitates the conveyance of, prohibited imports, prohibited exports or smuggled goods is not criminally responsible for an offence against a law of the Commonwealth or of a State or Territory relating to the possession, conveyance or facilitation of the conveyance of such goods.

 (3B) A person who:
 (a)  possesses or conveys, or facilitates the conveyance of, prohibited imports, prohibited exports or smuggled goods; and
 (b)  in doing so is acting in accordance with written instructions referring to this section issued by a Customs officer acting in the course of duty;
is not criminally responsible for an offence against a law of the Commonwealth or of a State or Territory relating to the possession, conveyance or facilitation of the conveyance of such goods.