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Customs Legislation Amendment (Border Compliance and Other Measures) Bill 2007

Schedule 6 Protection from criminal responsibility

   

Customs Act 1901

1  Subsections 233(3A) and (3B)

Repeal the subsections.

2  Subsection 233(6)

Omit “subsection (3A)”, substitute “subsection 233BABA(1)”.

3  After section 233BAB

Insert:

233BABA   Protection from criminal responsibility

             (1)  An officer of Customs who, in the course of duty, possesses or conveys, or facilitates the conveyance of, prohibited imports, prohibited exports or smuggled goods is not criminally responsible for an offence against a law of the Commonwealth or of a State or Territory relating to the possession, conveyance or facilitation of the conveyance of such goods.

             (2)  A person who:

                     (a)  possesses or conveys, or facilitates the conveyance of, prohibited imports, prohibited exports or smuggled goods; and

                     (b)  in doing so is acting in accordance with written instructions referring to this section issued by an officer of Customs acting in the course of duty;

is not criminally responsible for an offence against a law of the Commonwealth or of a State or Territory relating to the possession, conveyance or facilitation of the conveyance of such goods.