The Brisbane District Court last week (30 January 2008) upheld a Customs conviction of a yachtsman for failing to report the intended arrival of his vessel and crew into Australia.

Mr James Manzari was originally convicted in the Bundaberg Magistrates Court on 1 February 2007 of two charges under the Customs Act 1901, section 64 Impending Arrival Report, and section 64ACB Crew Reports.

Mr Manzari arrived into the port of Bundaberg from Noumea on 28 September 2006 but failed to provide the necessary notice to Customs prior to his arrival.

The court convicted Mr Manzari on both charges and ordered that he pay a fine of $4000 and court costs of $15,000.

The case was appealed and heard before Bundaberg District Court on 13 November 2007. The court dismissed the appeal and upheld the earlier conviction, last week awarding costs of the appeal to the Commonwealth.

Customs National Director Enforcement and Investigations, Brian Hurrell, said that the case indicated the importance of recreational yachts following correct reporting procedures when arriving into Australia.

"The court recognised that prearrival information is essential for Customs to do its job of helping to protect Australia's borders from illegal activity," Mr Hurrell said.

A ship's master must provide notice of intended arrival to Customs 96 hours before their arrival into Australia, and must arrive at a proclaimed port.

Further information on these reporting requirements is available at www.customs.gov.au

Media inquiries:
Customs Media (02) 6275 6793