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CUSTOMS ACT 1901 - SECT 243V

False or misleading statements in cargo reports or outturn reports

  (1)   A person commits an offence if the person:

  (a)   makes, or causes to be made, to an officer a statement, in a cargo report or an outturn report, that is false or misleading in a material particular; or

  (b)   omits, or causes to be omitted, from a statement, in a cargo report or an outturn report, made to an officer any matter or thing without which the statement is false or misleading in a material particular.

  (2)   An offence against subsection   (1) is an offence of strict liability.

  (3)   The penalty for a conviction for an offence against subsection   (1) is an amount not exceeding 60 penalty units.

  (4)   For the purposes of subsection   (1), a person is taken to cause to be made a statement described in paragraph   (1)(a) if:

  (a)   the person gives information that is false or misleading in a material particular to another person for inclusion in a statement, in a cargo report or an outturn report, by the other person or someone else to an officer; and

  (b)   the other person or someone else makes a statement including the information to an officer, in a cargo report or an outturn report.

This subsection does not limit the ways in which a person may cause to be made a statement described in paragraph   (1)(a).

  (5)   For the purposes of subsection   (1), a person is taken to cause an omission described in paragraph   (1)(b) to be made if:

  (a)   the person gives to another person, for inclusion in a statement, in a cargo report or an outturn report, by the other person or someone else to an officer, information that is false or misleading in a material particular because of an omission of other information that the person has; and

  (b)   the other person or someone else makes a statement including the information to an officer, in a cargo report or an outturn report.

This subsection does not limit the ways in which a person may cause an omission described in paragraph   (1)(b) to be made.


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