Customs

No. 54 of 1967

An Act to amend the Customs Act 1901–1966 in relation to Offences.

[Assented to 30 May 1967]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Customs Act 1967.

(2.) The Customs Act 1901–1966 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Customs Act 1901–1967.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. Section 4 of the Principal Act is amended by inserting in sub-section (1.), after the definition of “Master”, the following definition:—

“‘Narcotic drug’ means goods consisting of a substance or mixture that is a drug as defined by sub-section (1.) of section four of the Narcotic Drugs Act 1967 or a narcotic preparation as so defined, and includes goods consisting of, or of a mixture containing, bufotenine, dimethyltryptamine, lysergide, mescaline, psilocybin or psilocin.”.

Prohibition of the importation of goods.

4. Section 50 of the Principal Act is amended—

(a) by inserting in sub-section (4.), after the word “requirement” (last occurring), the following words:—

“and, if he fails to do so, he is guilty of an offence punishable upon conviction—

(a) if the licence or permission relates to goods that are not narcotic drugs—by a fine not exceeding One thousand dollars; or

(b) if the licence or permission relates to goods that are narcotic drugs—as provided by section two hundred and thirty-five of this Act”; and

(b) by omitting the words—

“Penalty: One thousand dollars”.

Assemblies for unlawful purposes.

5. Section 231 of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “and shall be liable, upon summary conviction, to imprisonment for any period not exceeding two years” and inserting in their stead the following words:—

“punishable upon conviction—

(d) if the offence is committed in relation to goods that are not narcotic drugs—by imprisonment for a period not exceeding two years; or

(e) if the offence is committed in relation to goods that are narcotic drugs—as provided by section two hundred and thirty-five of this Act”;

(b) by omitting from sub-section (2.) the words “to which the Governor-General by proclamation declares that it shall apply” and inserting in their stead the words “that are narcotic drugs”; and

(c) by adding at the end thereof the following sub-section:—

“(3.) An offence against this section to which paragraph (d) of sub-section (1.) of this section applies is punishable upon summary conviction”.

Smuggling and unlawful importation and exportation.

6. Section 233 of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words—

“Penalty: One thousand dollars”; and

(b) by inserting after sub-section (1.) the following sub-section:—

“(1a.) A person who contravenes the last preceding sub-section is guilty of an offence punishable upon conviction—

(a) if the offence is committed in relation to goods that are not narcotic drugs—by a fine not exceeding One thousand dollars; or

(b) if the offence is committed in relation to goods that are narcotic drugs—as provided by section two hundred and thirty-five of this Act.”.

Master no to use or allow use of ship for smuggling, &c.

7. Section 233a of the Principal Act is amended—

(a) by omitting the words—

“Penalty: Two hundred dollars.”; and

(b) by adding at the end thereof the following sub-section:—

“(2.) A person who contravenes the last preceding sub-section is guilty of an offence punishable upon conviction—

(a) if the offence is committed in relation to goods that are not narcotic drugs—by a fine not exceeding One thousand dollars; or

(b) if the offence is committed in relation to goods that are narcotic drugs—as provided by section two hundred and thirty-five of this Act.”.

Special provision in relation to prohibited imports.

8. Section 233b of the Principal Act is amended—

(a) by omitting from sub-section (1.) all the words from and including the words “against this Act”; and

(b) by omitting sub-sections (2.) and (3.) and inserting in their stead the following sub-sections:—

“(1a.) On the prosecution of a person for an offence against the last preceding sub-section, being an offence to which paragraph (c) of that sub-section applies, it is not necessary for the prosecution to prove that the person knew that the goods in his possession had been imported into Australia in contravention of this Act, but it is a defence if the person proves that he did not know that the goods in his possession had been imported into Australia in contravention of this Act.

“(2.) This section applies to prohibited imports that are narcotic drugs.

“(3.) A person who is guilty of an offence against sub-section (1.) of this section is punishable upon conviction as provided by section two hundred and thirty-five of this Act.”.

9. After section 234a of the Principal Act the following section is inserted:—

Offences in relation to narcotic drugs.

“235.—(1.) Where—

(a) a person commits an offence against sub-section (4.) of section fifty, sub-section (1.) of section two hundred and thirty-one, sub-section (1.) of section two hundred and thirty-one, section two hundred and thirty-three a or sub-section (1.) of section two hundred and thirty-three b of this Act; and

(b) the offence is an offence that is punishable as provided by this section,

the penalty applicable to the offence is, subject to sub-section (3.) of this section, a fine not exceeding Four thousand dollars or imprisonment for a period not exceeding ten years, or both a fine not exceeding that amount and imprisonment for a period not exceeding that period.

“(2.) An offence referred to in the last preceding sub-section may be prosecuted summarily or upon indictment, but an offender is not liable to be punished more than once in respect of the same offence.

“(3.) Where proceedings for an offence referred to in sub-section (1.) of this section are brought in a court of summary jurisdiction, the court may commit the defendant for trial or, with the consent of the defendant, determine the proceedings, but, where the court of summary jurisdiction determines the proceedings, the court shall not impose a fine exceeding One thousand dollars or sentence the defendant to imprisonment for a period exceeding two years, but may impose both a fine and a period of imprisonment in respect of the offence.”.

Amendments of the Principal Act in relation to penalties.

10. The Principal Act is amended as set out in the Schedule to this Act.

Past offences.

11. The amendments made by this Act do not have effect in relation to an offence committed before the commencement of this Act.

THE SCHEDULE Section 10.