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This Act may be cited as the Customs Act 1901.
This Act shall commence on a day to be fixed by Proclamation.
For the purposes of this Act, the members of a person’s family are taken to include the following (without limitation):
a de facto partner of the person (within the meaning of the Acts Interpretation Act 1901);
someone who is the child of the person, or of whom the person is the child, because of the definition of child in section 4;
anyone else who would be a member of the person’s family if someone mentioned in paragraph (a) or (b) is taken to be a member of the person’s family.
Unless the contrary intention appears, if a provision of this Act:
would, apart from this section, have an invalid application; but
also has at least one valid application;
it is the Parliament’s intention that the provision is not to have the invalid application, but is to have every valid application.
Despite subsection (1), the provision is not to have a particular valid application if:
apart from this section, it is clear, taking into account the provision’s context and the purpose or object underlying the Act, that the provision was intended to have that valid application only if every invalid application, or a particular invalid application, of the provision had also been within the Commonwealth’s legislative power; or
the provision’s operation in relation to that valid application would be different in a substantial respect from what would have been its operation in relation to that valid application if every invalid application of the provision had been within the Commonwealth’s legislative power.
Subsection (2) does not limit the cases where a contrary intention may be taken to appear for the purposes of subsection (1).
This section applies to a provision of this Act, whether enacted before, at or after the commencement of this section.
In this section:
application means an application in relation to:
one or more particular persons, things, matters, places, circumstances or cases; or
one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases.
invalid application, in relation to a provision, means an application because of which the provision exceeds the Commonwealth’s legislative power.
valid application, in relation to a provision, means an application that, if it were the provision’s only application, would be within the Commonwealth’s legislative power.
If:
this Act would result in an acquisition of property; and
any provision of this Act would not be valid, apart from this section, because a particular person has not been compensated;
the Commonwealth must pay that person:
a reasonable amount of compensation agreed on between the person and the Commonwealth; or
failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.
Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.
In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
The Consolidated Revenue Fund is appropriated for the purposes of making payments under this section.
In this Act, a reference to an approved form is a reference to a form that is approved, by instrument in writing, by the Comptroller‑General of Customs.
In this Act, a reference to an approved statement is a reference to a statement that is approved, by instrument in writing, by the Comptroller‑General of Customs.
Neither of the following is a legislative instrument:
a form or statement approved as mentioned in this section;
an instrument approving a form or statement as mentioned in this section.
In this Act:
Customs‑related law means:
this Act; or
the Excise Act 1901 and regulations made under that Act; or
section 72.13 of the Criminal Code; or
Division 307 of the Criminal Code; or
any other Act, or any regulations made under any other Act, in so far as the Act or regulations relate to the importation or exportation of goods, where the importation or exportation is subject to compliance with any condition or restriction or is subject to any tax, duty, levy or charge (however described).
The Comptroller‑General of Customs must cause an identity card to be issued to an officer who is an authorised officer for the purposes of Division 3A of Part VI or is a monitoring officer for the purposes of Subdivision J of Division 1 of Part XII or is a verification officer for the purposes of Subdivision JA of Division 1 of Part XII.
An identity card:
must be in a form approved by the Comptroller‑General of Customs; and
must contain a recent photograph of the authorised officer, monitoring officer or verification officer.
If a person to whom an identity card has been issued ceases to be an authorised officer, monitoring officer or verification officer for the purposes of the provisions of this Act in respect of which the card was issued, the person must return the card to the Comptroller‑General of Customs as soon as practicable.
Penalty: One penalty unit.
An offence for a contravention of subsection (3) is an offence of strict liability.
An authorised officer, monitoring officer or verification officer must carry his or her identity card at all times when exercising powers in respect of which the card was issued.
The penalty, pecuniary or other, set out:
at the foot of a section of this Act; or
at the foot of a subsection of a section of this Act, but not at the foot of the section;
indicates that a contravention of the section or of the subsection, as the case may be, whether by act or omission, is an offence against this Act, punishable upon conviction by a penalty not exceeding the penalty so set out.
Subject to subsection (2), Chapter 2 of the Criminal Code applies to an offence against this Act.
For the purposes of a Customs prosecution:
Parts 2.1, 2.2 and 2.3 of the Criminal Code apply; and
Parts 2.4, 2.5 and 2.6 of the Criminal Code do not apply; and
a reference to criminal responsibility in Chapter 2 of the Criminal Code is taken to be a reference to responsibility.
This section is not to be interpreted as affecting in any way the nature of any offence under this Act, the nature of any prosecution or proceeding in relation to any such offence, or the way in which any such offence is prosecuted, heard or otherwise dealt with.
Without limiting the scope of subsection (3), this section is not to be interpreted as affecting in any way the standard or burden of proof for any offence under this Act that is the subject of a Customs prosecution.
In this section:
Customs prosecution has the meaning given in section 244.
A person shall not cause an overseas resources installation to be attached to the Australian seabed.
Penalty: 500 penalty units.
Subsection (1) does not apply if the person has the permission of the Comptroller‑General of Customs given under subsection (2).
The Comptroller‑General of Customs may, by notice in writing given to a person who has applied for permission to cause an overseas resources installation to be attached to the Australian seabed, give the person permission, subject to such conditions (if any) as are specified in the notice, to cause that installation to be so attached.
A person who has been given permission under subsection (2) shall not refuse or fail to comply with any condition (including a condition imposed or varied under subsection (4)), to which that permission is subject.
Penalty: 100 penalty units.
Where the Comptroller‑General of Customs has, under subsection (2), given a person permission to cause an overseas resources installation to be attached to the Australian seabed, the Comptroller‑General of Customs may, at any time before that installation is so attached, by notice in writing served on the person:
revoke the permission;
revoke or vary a condition to which the permission is subject; or
impose new conditions to which the permission is to be subject.
Without limiting the generality of subsection (2), conditions to which a permission given under that subsection may be subject include:
conditions relating to biosecurity risks (within the meaning of the Biosecurity Act 2015); and
conditions requiring the master of an installation to bring the installation to a place specified by the Comptroller‑General of Customs for examination for purposes relating to biosecurity risks (within the meaning of the Biosecurity Act 2015) before the installation is attached to the Australian seabed.
A person shall not cause an overseas sea installation to be installed in an adjacent area or a coastal area.
Penalty: 500 penalty units.
Subsection (1) does not apply if the person has the permission of the Comptroller‑General of Customs given under subsection (2).
The Comptroller‑General of Customs may, by notice in writing given to a person who has applied for permission to cause an overseas sea installation to be installed in an adjacent area or a coastal area, give the person permission, subject to such conditions (if any) as are specified in the notice, to cause that installation to be so installed.
A person who has been given permission under subsection (2) shall not refuse or fail to comply with any condition (including a condition imposed or varied under subsection (4)) to which that permission is subject.
Penalty: 100 penalty units.
Where the Comptroller‑General of Customs has, under subsection (2), given a person permission to cause an overseas sea installation to be installed in an adjacent area or a coastal area, the Comptroller‑General of Customs may, at any time before that installation is so installed, by notice in writing served on the person:
revoke the permission;
revoke or vary a condition to which the permission is subject; or
impose new conditions to which the permission is to be subject.
Without limiting the generality of subsection (2), conditions to which a permission given under that subsection in relation to a sea installation may be subject include:
conditions relating to biosecurity risks (within the meaning of the Biosecurity Act 2015); and
conditions requiring the owner of the installation, to bring the installation to a place specified by the Comptroller‑General of Customs for examination for purposes relating to biosecurity risks (within the meaning of the Biosecurity Act 2015) before the installation is installed in an adjacent area or a coastal area.