Hefty fine for airport cigarette smuggler

A 34 year old Australian citizen has been ordered to pay fines and costs of almost $40,000 for attempting to smuggle 36 cartons of cigarettes through Perth International Airport.

The Perth Magistrates Court heard the man purchased the cigarettes for AUD$25 per carton in a wholesale supermarket at Kuta in Bali and planned to sell most of them to friends and associates in Western Australia, potentially for as much as $120 to $150 a carton.

The 36 cartons equate to 7,200 cigarette sticks, with the amount of Duty attempted to be evaded totalling just over $5,800.

The maximum allowance for duty free cigarettes being brought into Australia is 25 sticks.

The man had declared on his Incoming Passenger Card (IPC) that he did not have more than the allowable amount of cigarettes.

The 36 cartons were discovered in two small suitcases when the man arrived home on a flight from Bali on Sunday, 18 November 2018.

The man, an unemployed property broker, pleaded guilty to three charges and was sentenced last week to the following:

  • $14,000 penalty for smuggling cigarettes under section 233(1)(a) of the Customs Act 1901,
  • $15,000 penalty for evading duty payable under section 234(1)(a) of the Customs Act 1901, and
  • $7,500 penalty for making false or misleading statements to an officer of Customs under section 234(1)(d)(i) of the Customs Act 1901.

He was also ordered to pay the Prosecution’s costs of $2,652.73, which meant a total amount of $39,152.73.

ABF Regional Commander for WA, Rod O’Donnell, said tobacco smuggling is one of the ABF’s operational priorities, whether it be by organised crime syndicates, individual profiteers or smokers stockpiling supplies.

“This was a deliberate act to profit by avoiding paying Duty,” Commander O’Donnell said.

“This man knew the risks. Our officers found evidence he was aware of the case of a 47-year-old man ordered to pay fines and costs totalling just under $35,000 after being caught by the ABF attempting to smuggle almost 40 cartons of cigarettes through Perth Airport in July 2018.

“Our officers are alert to travellers attempting to bring in more than their duty free allowance of cigarettes and tobacco, and the consequences for those caught can be severe.

“This attempt to evade approximately $5,800 in Duty has ended up costing the man almost seven times that amount.”

It is an offence, under the Customs Act 1901 (Cth), to make false or misleading statements to an officer of Customs. This includes statements made on IPCs.

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