Have you been accused of breaching customs law?

 

The Customs Act 1901 is Commonwealth legislation which contains criminal offences relating to the movement of goods, the laws of international trade and free trade agreements (FTAs), and the taxes and duties that apply when individuals or companies import or export goods. 

Early advice and legal representation by a criminal defence lawyer is crucial for a customs law case. Our team of customs and commonwealth offence lawyers are here to support you.

For expert legal advice from a customs lawyer, call us on (07) 3012 6531 or submit a confidential enquiry.

What are customs offences?

Customs law is complex and ever-changing. To ensure you and your business maintain compliance with the customs laws of the countries involved with your trading, you need to stay on top of the legislation. 

Customs offences include:

  • Smuggling and unlawful importation and exportation through any means such as aircrafts, sea carriers, or freight forwarders

  • Evading payment of duty which is payable

  • Obtaining any drawback, refund, rebate, or remission which is not payable 

  • Intentionally and recklessly making or causing a false or misleading statement of an officer to be made

  • Intentionally and recklessly omitting or causing to be omitted a statement made to an officer about any matter or thing

  • Intentionally giving information to another person, knowing that the information is false or misleading in material and that someone else will include the information in a statement to an officer

  • Intentionally giving information to another person, knowing that the information is misleading in a material because of an omission of information and that someone else will include the information in a statement to an officer

  • Selling or offering for sale, any goods upon the pretence that such goods are prohibited imports or smuggled goods

If you require highly experienced lawyers who understand how to handle customs disputes with their clients’ best interests at heart, choose Ashworth Lawyers. Follow our key contacts on the side of this page to be put in touch with a lawyer who will personalise their legal services to your individual circumstances. The outcome of your case could be negatively affected if you choose to not consult a legal professional.

 

Custom offence penalties

Penalties can include significant fines and convictions.

Prohibited goods for the purpose of a smuggling offence includes:

  • Certain animals and plants, and some types of animal and plant material

  • Firearms and other weapons without the appropriate permission

  • Ammunition

  • Pornography

  • Counterfeit goods

  • Chemicals without a licence

If the criminal charge alleges the importation or exportation of illegal drugs, charges will be pursuant to the Criminal Code (Cth). Our team of criminal defence lawyers also defend with all drug trafficking, importation, and exportation criminal offences.

Our customs lawyers can work with you to defend any allegations of customs breaches, and either help you to avoid penalties or only receive reduced penalties in your case. Contact us now to start your legal journey.

Common Questions

WHAT IS THE PUNISHMENT FOR A SMUGGLING OFFENCE?

The Customs Act 1901 states it is unlawful for a person to:

  • Smuggle any goods; or

  • Import any prohibited imports; or

  • Export any prohibited exports; or

  • Unlawfully convey or possess smuggled goods or prohibited imports

‘Smuggling’ is any importation, introduction or exportation or attempted importation, introduction, or exportation of goods with intent to defraud the revenue.

Penalties can range from fines to terms of imprisonment and are based on the value of the goods important and the value of the duty evaded.

The Australian Border Force enforces the rules relating to the importation and exportation of goods in Australia. Some goods can be imported through a licence whilst other items are strictly prohibited.

WHAT ARE CATEGORIES OF ITEMS SUBJECT TO IMPORTATION RESTRICTIONS?

The Australian Border Force lists categories of items which are subject to importation restrictions. This includes:

  • Animals

  • Plants

  • Asbestos

  • Consumer products

  • Defence and strategic goods

  • Drugs, medicines, and therapeutic substances

  • Firearms and weapons

  • Hazardous goods

  • Intellectual property and cultural items

  • Tobacco

WHAT ARE THE COMMON CUSTOMS OFFENCES?

It is an offence for a person to:

  1. Evade payment of customs duty

  2. Obtain any refund or other payment which is not payable

  3. Make false statements to a customs officer

  4. Sell prohibited imports or smuggled goods

If convicted, the penalty can include large fines.