Receiving or possessing prohibited or suspended goods brought or imported into Australian territory
188 Receiving or possessing prohibited or suspended goods brought or imported into Australian territory
Strict liability offence
A person commits an offence of strict liability if:
the person receives, or has in the person’s possession, goods; and
the goods are:
prohibited goods; or
suspended goods.
For strict liability, see section 6.1 of the Criminal Code.
Penalty: 60 penalty units.
Exception
Subsection (1) does not apply if:
the goods were not brought or imported into Australian territory; or
the goods were brought or imported into Australian territory but, at the time they were brought or imported into Australian territory, they were not:
prohibited goods; or
suspended goods; or
the goods are the progeny of other goods that were legally brought or imported into Australian territory.
A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).
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