Can I get in trouble for accidentally importing something illegal?

In Plain English

It depends on the specific law and what you're importing. Some laws require you to have intended to do something wrong to be found guilty, while others don't care about your intent.

For example, the Customs Act 1901 says that importing certain goods (like UN-sanctioned goods) can lead to serious penalties, even if you didn't knowingly break the law. In some cases, you might be able to avoid penalties if you can prove you took reasonable steps to avoid breaking the law.

The Imported Food Control Act 1992 also has civil penalties for importing food that doesn't meet standards or poses a health risk, regardless of your intent.

However, other legislation, such as the Animals (Importation) Act 1983 (NI), states that a person who, without lawful excuse (the proof shall lie upon him), has in his possession an animal imported into Norfolk Island other than in accordance with a permit granted under this Act, is guilty of an offence.

Detailed Explanation

The potential legal consequences for accidentally importing illegal items depend on the specific legislative provisions governing the prohibited items.

Strict Liability and Absolute Liability:

  • Several sections of the Customs Act 1901 outline offences of strict liability. For instance, section 233(1AA) states that contravening subsections related to prohibited imports or exports is an offence of strict liability. This means that the prosecution doesn't need to prove you intended to commit the offence; only that you did commit the act.
  • Section 233AB(2) outlines that absolute liability applies to paragraph (1)(c).
  • The Imported Food Control Act 1992 also contains offences of strict liability. For example, section 6(7) outlines a strict liability offence for dealing with imported food that does not meet certain requirements.

Fault-Based Offences:

  • In contrast, some offences require proof of a mental element (mens rea), such as intent or recklessness. For example, section 233AB(1) of the Customs Act 1901 outlines an offence for intentionally importing goods that are UN-sanctioned, where the individual was reckless as to that fact.

Defences and Exceptions:

  • Some legislation provides defences or exceptions. For example, section 233AB(7) of the Customs Act 1901 states that subsection (6) does not apply if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening that subsection.
  • The Imported Food Control Act 1992 outlines in section 9A(4) that subsection (3) does not apply to a dealing with food for the purpose of altering or replacing the label on the package containing the food in order to meet applicable standards relating to information on labels for packages containing food.

Other relevant legislation: