What happens if I import or export something illegal, like drugs or weapons?

In Plain English

If you import or export illegal items like drugs or weapons, you could face serious consequences under Australian law.

  • Smuggling, Importing Prohibited Items, Exporting Prohibited Items: It's against the law to smuggle goods, bring prohibited items into Australia, or send prohibited items out of Australia.
  • Possession: It's also illegal to have smuggled goods or prohibited imports/exports in your possession without a valid reason.
  • Penalties: The penalties can be severe, including hefty fines and imprisonment. The exact penalty often depends on the type of goods, their value, and whether you knew they were illegal.
  • Drugs: Note that the Customs Act 1901 does not apply to narcotic goods.

Detailed Explanation

The Customs Act 1901 addresses the issue of importing and exporting illegal items, outlining specific offenses and penalties.

  • Smuggling and Unlawful Import/Export (Section 233):
    • Section 233(1) explicitly prohibits smuggling, importing prohibited imports, and exporting prohibited exports.
    • It also prohibits unlawfully conveying or possessing smuggled goods, prohibited imports, or prohibited exports.
    • Subsection (1AA) states that contravening subsection (1) is an offence punishable upon conviction.
    • Subsection (1AB) establishes strict liability for offences related to paragraphs (1)(b), (c) and (d).
    • Section 233(2) makes it unlawful to convey or possess smuggled goods or prohibited imports without a reasonable excuse, with the burden of proof on the person to demonstrate a reasonable excuse.
    • Section 233(3) makes it unlawful to convey or possess prohibited exports with intent to export them unlawfully or knowing that they are intended to be unlawfully exported.
  • Penalties (Section 233AB):
    • Section 233AB(1) outlines penalties for offences related to smuggling, where the penalty can be up to 5 times the amount of duty that would have been payable on the smuggled goods, or a penalty not exceeding 1,000 penalty units if the court cannot determine the amount of duty.
    • Section 233AB(2) outlines penalties for other offences, where the penalty can be up to 3 times the value of the goods or 1,000 penalty units (whichever is greater) if the court can determine the value of the goods, or a penalty not exceeding 1,000 penalty units if the court cannot determine the value of the goods.
  • Tier 1 Goods (Section 233BAA):
    • Section 233BAA(1) allows regulations to specify performance-enhancing drugs, non-narcotic drugs, and other goods as "tier 1 goods."
    • Section 233BAA(4) makes it an offence to intentionally import tier 1 goods, being reckless as to that fact, if their importation is absolutely prohibited or prohibited without the required approval. The penalty is imprisonment for 5 years or 1,000 penalty units, or both.
  • Master of Ship or Pilot of Aircraft (Section 233A):
    • Section 233A(1) states that the master of a ship or the pilot of an aircraft must not intentionally use their ship or aircraft, or intentionally allow it to be used, in smuggling or in the importation/exportation of goods in contravention of the Customs Act 1901.
  • Prohibited Imports and Exports:
  • Other Relevant Legislation: