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Customs Matters?

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124yes View Drop Down
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  Quote 124yes Quote  Post ReplyReply Direct Link To This Post Topic: Customs Matters?
    Posted: 11/January/2013 at 19:16
Which area of the law (civil, administrative, criminal etc) does issues pertaining to goods that fall under Schedule 7a of customs regulations relate to?

Does anyone have experience in this field even better if they spexe or have expertise in it?


I have been given such diverse answers (from couple of commercial and criminal lawyers) that I am totally confused.

Much appreciate it

Edited by 124yes - 11/January/2013 at 20:11

BD Eye View Drop Down
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  Quote BD Eye Quote  Post ReplyReply Direct Link To This Post Posted: 11/January/2013 at 19:37
Would need to know more info regarding what the issue pertains to.
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124yes View Drop Down
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  Quote 124yes Quote  Post ReplyReply Direct Link To This Post Posted: 11/January/2013 at 20:15
Importation of peptides that apparently fall under the all encompassing clause of item 3 of schedule 7A.

BD Eye View Drop Down
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  Quote BD Eye Quote  Post ReplyReply Direct Link To This Post Posted: 11/January/2013 at 20:27
Yes if you import them without the appropriate permit. If you are caught importing them without the necessary permit it is considered a criminal matter as they are a declared prohibited item.

I did an defence investigation into a matter involving the same schedule some time ago.

Is this a hypothetical question?
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124yes View Drop Down
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  Quote 124yes Quote  Post ReplyReply Direct Link To This Post Posted: 11/January/2013 at 21:57
Hmm see the conflict Im facing is that apparently its a hybrid area or so I was told and as such it depends on customs as to how they pursue it. ie they could simply issue a fine, they could seek judgement in a civil court or they could push for criminal conviction. (lawyers viewpoints)

What has been your experience in this matter?

You stated you did a defence investigation into the same schedule? What was the outcome or result in that case and how many vials may it have involved?

What does a defence investigation entail?

Have also been read one could attend an interview with customs or simply ignore the whole matter including subsequent seizure notice and see what customs does next and then respond.
Apparently customs would need to provide evidence beyond doubt that importation and breaking that article was intentional etc and dont see how that might be possible.

Edited by 124yes - 11/January/2013 at 21:59

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 11/January/2013 at 23:14
Actually "Apparently customs would need to provide evidence beyond doubt that importation and breaking that article was intentional etc and dont see how that might be possible." is quite easy...

I rememeber a uni colleague being charged for receiving via the post from India some 'special stuff'. To this day he claims he never asked for it to be sent to him but he was convicted.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

BD Eye View Drop Down
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  Quote BD Eye Quote  Post ReplyReply Direct Link To This Post Posted: 12/January/2013 at 00:32
In the matter I investigated I was able to establish that there was sufficient doubt so that matter was dropped prior to hearing.

A defence investigation entails looking at all the facts and identifying evidence which is contrary to what customs/AFP is presenting.
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124yes View Drop Down
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  Quote 124yes Quote  Post ReplyReply Direct Link To This Post Posted: 12/January/2013 at 14:18
Originally posted by AsiaOilDude

Actually "Apparently customs would need to provide evidence beyond doubt that importation and breaking that article was intentional etc and dont see how that might be possible." is quite easy...

I rememeber a uni colleague being charged for receiving via the post from India some 'special stuff'. To this day he claims he never asked for it to be sent to him but he was convicted.


How could he have been convicted on just that basis?

Wouldnt they need to provide proof of intention to break law, payment made etc?

That seems very unfair.

Edited by 124yes - 12/January/2013 at 14:18

124yes View Drop Down
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  Quote 124yes Quote  Post ReplyReply Direct Link To This Post Posted: 12/January/2013 at 14:22
Originally posted by BD Eye

In the matter I investigated I was able to establish that there was sufficient doubt so that matter was dropped prior to hearing.

A defence investigation entails looking at all the facts and identifying evidence which is contrary to what customs/AFP is presenting.


Would this have been at a point where they were officially charged with something or summoned to court?

Im wondering at what point your services were engaged in that matter? eg after customs seizure notice? after some other type of notice?

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 12/January/2013 at 14:31
Originally posted by 124yes

Wouldn't they need to provide proof of intention to break law

Not necessarily. Depends what type of offence it is.

Example, I drive at more than 100km/h on the open road, I don't intend to speed, but I am watching the road not my spedo, I've committed an offence even though I didn't intend to.

Our legally qualified people may explain to both of us what the difference is in the types of laws that require intention to break the law to convict, and those that don't.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

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