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CUSTOMS ACT 1901 - SECT 33A

Resources installations subject to customs control

  (1)   A person shall not use an Australian resources installation that is subject to customs control in, or in any operations or activities associated with, or incidental to, exploring or exploiting the Australian seabed.

Penalty:   500 penalty units.

  (1A)   Subsection   (1) is an offence of strict liability.

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

  (1B)   Subsection   (1) does not apply if the person has permission in force under subsection   (2).

  (2)   The Comptroller - General of Customs may give permission in writing to a person specified in the permission, subject to such conditions (if any) as are specified in the permission, to engage in specified activities in relation to the use of an Australian resources installation that is subject to customs control.

  (3)   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.

  (4)   Where the Comptroller - General of Customs has, under subsection   (2), given a person permission to engage in any activities in relation to an Australian resources installation, the Comptroller - General of Customs may, while that installation remains subject to customs control, by notice in writing served on the person:

  (a)   suspend or revoke the permission;

  (b)   revoke or vary a condition to which the permission is subject; or

  (c)   impose new conditions to which the permission is to be subject.


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