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…
Overview
The Customs Act 1967, enacted by the Parliament of Australia, serves to amend the Customs Act 1901–1966 in relation to offences, particularly focusing on the regulation and control of narcotic drugs. This legislation was introduced to address the problem of illicit drug trafficking and importation, aiming to enhance the penalties and enforcement mechanisms against such activities. The policy objective of the Act is to strengthen the legal framework in combating the illegal importation and distribution of narcotic substances, thereby safeguarding public health and safety.
This Act introduces significant changes to the existing legal structure by introducing higher penalties for offences involving narcotic drugs, and by clarifying the legal definitions and procedures related to such offences. By updating the penalties and the scope of applicability, the Act ensures that the Customs Act is better equipped to handle modern challenges in drug enforcement. The amendments also include provisions that specify different penalties based on the nature of the goods involved, distinguishing between general offences and those specifically related to narcotic drugs.
Scope and Application
The Customs Act 1967 is a piece of Australian legislation that amends the Customs Act 1901–1966, focusing on offences related to customs and narcotic drugs. This Act applies to individuals and entities involved in the importation, exportation, and assembly of goods, particularly those classified as narcotic drugs under the Narcotic Drugs Act 1967. The geographic scope of this Act is national, as it pertains to the Commonwealth of Australia. It does not apply to offences committed before the Act's commencement on the day it received Royal Assent. The Act enhances penalties for offences involving narcotic drugs, introducing stricter fines and imprisonment terms compared to those for non-narcotic goods. Additionally, it provides specific legal frameworks and defences for cases involving the possession of prohibited imports, particularly narcotic drugs. The application of this Act may be extended or restricted through subordinate instruments, although such details are not specified in the primary text.
Key Provisions
- The Customs Act 1967 amends the Customs Act 1901–1966, introducing new provisions and penalties, particularly concerning the importation of narcotic drugs. The principal sections (4, 5, 6, 7, 8, and 9) pertain to the prohibition of the importation of goods, assemblies for unlawful purposes, smuggling and unlawful importation and exportation, the use of ships for smuggling, and special provisions for prohibited imports that are narcotic drugs. These sections provide more severe penalties for offences involving narcotic drugs, aligning the penalties with those outlined in section 235.
- The obligations imposed by the Customs Act 1967 include stricter requirements for the importation of goods, particularly narcotic drugs. Importers must obtain the necessary licences or permissions and comply with all relevant provisions to avoid penalties. Failure to comply with these requirements can result in fines or imprisonment, with the severity of the penalty depending on whether the goods in question are narcotic drugs. Furthermore, the Act imposes a burden on individuals and entities to ensure they are not knowingly involved in the possession or transportation of goods that have been imported in contravention of the Act, particularly for narcotic drugs.
- Breaches of the Act’s provisions carry significant consequences. For offences involving goods that are not narcotic drugs, the penalties typically include fines up to a maximum of one thousand dollars or imprisonment for a period not exceeding two years, or both. However, the penalties are considerably more severe for offences involving narcotic drugs. Under section 235, a person committing such an offence may face a fine not exceeding four thousand dollars, imprisonment for a period not exceeding ten years, or both, depending on the nature and severity of the offence. If the offence is prosecuted summarily, the maximum fine is one thousand dollars, and the maximum imprisonment is two years. These penalties reflect the seriousness with which the Act treats the importation and handling of narcotic drugs.
- Area of Law
- Customs Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Penalty Provisions