Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 106D

  (1)   Before the ship or aircraft departs from the place, the operator must report to the Department, in accordance with Subdivision C:

  (a)   on the persons:

  (i)   who will be on board the ship or aircraft when it departs from the place; and

  (ii)   who are not identified in a report made by the operator in relation to the ship's or aircraft's departure from the place under section   106B or 106C; and

  (iii)   who are not identified in a report made in relation to the ship's or aircraft's earlier departure from another place in the course of the same journey; or

  (b)   if there are no persons covered by paragraph   (a)--that there are no persons to report.

  (2)   The operator of the ship or aircraft commits an offence if the operator intentionally contravenes subsection   (1).

Penalty:   120 penalty units.

  (3)   The operator of the ship or aircraft commits an offence if the operator contravenes subsection   (1).

Penalty:   60 penalty units.

  (4)   Strict liability applies to an offence against subsection   (3).

Note:   For strict liability , see section   6.1 of the Criminal Code .