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CUSTOMS ACT 1901 - SECT 233A

Master not to use or allow use of ship for smuggling etc.

  (1)   The master of a ship or the pilot of an aircraft shall not intentionally use his or her ship or aircraft, or intentionally suffer her to be used, in smuggling, or in the importation of any goods in contravention of this Act, or in the exportation or conveyance of any goods in contravention of this Act.

  (1A)   Subsection   (1) does not apply if the goods smuggled, imported, exported or conveyed are narcotic goods.

Note:   Most offences dealing with the importation and exportation of narcotic goods are located in Part   9.1 of the Criminal Code .

  (1B)   Subsection   (1) does not apply if the goods smuggled, imported, exported or conveyed are unmarked plastic explosives.

Note:   Section   72.13 of the Criminal Code creates an offence of importing or exporting unmarked plastic explosives.

  (2)   A person who contravenes subsection   (1) commits an offence punishable upon conviction:

  (b)   in the case of an offence committed in relation to the smuggling of goods--as provided by subsection   233AB(1); or

  (c)   in any other case--as provided by subsection   233AB(2).



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