AustraliaI was smuggling prohibited goods without knowing they were illegal in Australia. Am I still liable?
Yes, you can still be held liable even if you didn’t know the goods were prohibited — ignorance of the law is not a defence under Australian law.
What the Law Says
Australian law imposes strict liability for many smuggling offences — meaning intent or knowledge is not required for conviction.
Under the Customs Act 1901 (Cth), importing or exporting prohibited goods is illegal regardless of whether you knew the items were banned. Section 233AB makes it an offence to import or export goods that are prohibited under the Act or regulations — and this offence is one of strict liability.
Strict liability means the prosecution does not need to prove you intended to break the law or knew the goods were prohibited. It is enough that the act occurred — i.e., you imported or exported the goods, and they were in fact prohibited.
Penalties are severe: for a body corporate, the maximum penalty is AU$420,000; for an individual, up to 10 years’ imprisonment or a fine of up to AU$210,000 (or both).
Statutory TextA person commits an offence if the person imports or exports goods that are prohibited goods.
— Customs Act 1901 (Cth), s. 233AB — Importing or exporting prohibited goods
Statutory TextAn offence against subsection (1) is an offence of strict liability.
— Customs Act 1901 (Cth), s. 233AB(2) — Strict liability
What to Do
Immediately stop any further involvement with the goods.
Seek legal advice from a criminal or customs lawyer experienced in Commonwealth offences.
Cooperate fully with the Australian Border Force if contacted — but do not make statements without legal representation.
Gather evidence of your lack of knowledge (e.g., invoices, communications, packaging labels) — though this won’t negate liability, it may assist in sentencing or mitigation.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.