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CUSTOMS ACT 1901 - SECT 64AE

Obligation to answer questions and produce documents

  (1)   The operator of a ship or aircraft to whom section   64, 64AA, 64AAA, 64ACA or 64ACB applies must:

  (a)   answer questions asked by a Collector relating to the ship or aircraft or its cargo, crew, passengers, stores or voyage; and

  (b)   produce documents requested by the Collector relating to a matter referred to in paragraph   (a), if the documents are in his or her possession or control at the time of the request.

Penalty:   30 penalty units.

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

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

  (2)   Each cargo reporter to whom section   64AB applies must:

  (a)   answer questions asked by a Collector relating to the goods he or she has arranged to be carried on the relevant ship or aircraft; and

  (b)   produce documents requested by the Collector relating to such goods, if the documents are in his or her possession or control at the time of the request.

Penalty:   30 penalty units.

  (2A)   Subsection   (2) is an offence of strict liability.

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

  (3)   It is a defence to a prosecution for an offence against subsection   (1) or (2) if the person charged had a reasonable excuse for:

  (a)   refusing or failing to answer questions asked by a Collector; or

  (b)   refusing or failing to produce documents when so requested by a Collector.


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