What happens if I don't declare something at customs?

In Plain English

If you don't declare goods that you are required to declare when entering Australia, you could face penalties. The specific consequences depend on what you failed to declare and the relevant laws.

Detailed Explanation

It is important to note that the provided context does not explicitly detail the penalties for failing to declare goods at customs. However, it does outline several key aspects of customs and import regulations that imply potential consequences for non-compliance.

Here's what can be inferred from the provided legislation:

• Obligation to Provide Information: Several sections of the Customs Act 1901 and Customs Regulation 2015 and Biosecurity Regulation 2016 discuss the requirement to provide information to Customs officers regarding imported goods. For example, section 71 of the Customs and Excise Legislation Amendment Act 1992 states that the owner of certain goods must provide information as specified in the regulations. Also, section 27A of the Customs Regulation 2015 outlines the requirements for providing information about Subdivision AA goods via an Australia Travel Declaration. Regulation 14 of the Biosecurity Regulation 2016 requires notice of goods that are the subject of an import declaration.
• Powers of Customs Officers: Customs officers have the authority to examine goods (Quarantine Amendment Act 1981, section 44c and 44d) and require additional information (Customs Act 1901, section 114A).
• Prohibited Imports: Certain goods are prohibited from being imported into Australia unless specific permissions are obtained (Customs (Prohibited Imports) Regulations 1956, regulations 4DA, 4K, 4MA, 4R). Examples include tobacco products, woolpacks, rough diamonds and radioactive substances.
• Seizure of Goods: The Major Sporting Events (Indicia and Images) Protection Act 2014 discusses the seizure of goods that infringe on protected indicia and images related to major sporting events. While this is a specific case, it demonstrates the power of Customs to seize goods.
• Offences: Section 234(1)(d) of the Customs Regulation 2015 references offences relating to giving false or misleading statements. Additionally, section 114D of the Customs Act 1901 outlines penalties for failing to deal with goods in accordance with the export entry.

While the exact penalties for failing to declare goods are not explicitly stated in this legislative context, the legislation implies that failing to declare goods can lead to:

• Refusal to Authorize Delivery: Customs may refuse to authorize the delivery of goods into home consumption (section 71 of the Customs and Excise Legislation Amendment Act 1992).
• Seizure of Goods: Goods may be seized by Customs ( Major Sporting Events (Indicia and Images) Protection Act 2014).
• Financial Penalties: Fines may be imposed for offences such as failing to comply with directions from Customs officers (section 129 of the Customs Act 1901) or failing to deal with goods in accordance with the export entry (section 114D of the Customs Act 1901).
• Revocation of Permissions: Permissions to import goods can be revoked if conditions are not met (section 70 of the Customs and Excise Legislation Amendment Act 1992).

Without more specific legislative context, it is impossible to provide a definitive answer regarding the penalties for failing to declare goods at customs.