Misc Process of importing tobacco into Australia?

[cletusSamboy]

Not sure where to post this but since tobacco is a drug I'll just post it here.

I've placed a tobacco order with a US based company and it's been explained that it's illegal to import tobacco into Australia via post and instead they said it will be shipped with air cargo via USP instead of USPS to comply with aussie tobacco import laws that require tobacco be imported via air/sea cargo and it's up to me to obtain a tobacco import permit in time. I went ahead and ordered but since it's a time consuming process a permit might not be able to be obtained in time so I'm gonna just see if it slips through like it often would when arriving by post by other companies that ship via postal system.

So what's the difference in how Aussie customs handles items arriving by air cargo vs items arriving by post? Does air cargo undergo more thorough inspection by customs with more fees involved or does the company inform customs beforehand what the item is so all customs has to do is wait until they scan it then just sends the bill because they know beforehand what it is?

 

[cletusSamboy]

The general public is allowed to import tobacco as long as they have a permit before it arrives and as long as it doesn't arrive through the postal system but by courier through the cargo system to ensure tobacco is declared to customs before it enters the country.

 

[cletusSamboy]

With all the added import fees and shipping costs it generally works either the same or slightly more expensive.
People tend to just import tobacco into Australia when what they are looking for isn't available in store.

 

[Atomic_Decay]

Whatever way your product comes into Australia as cargo (excluding by mail) it is required to have a customs declaration form specifying the product, amount, and value. Commercial freight importers and courier companies are hooked up electronically to Border Force/Customs and usually submit it automatically and your import arrives smoothly at your door - never actually physically passing by a Border Force/Customs officer anywhere. Border Force/Customs however does use algorithms to temporarily divert a (very small) percentage of imports for manual inspection. If at any point after shipping the import/courier company detects non-compliance with the law they will contact you if it is a matter of paying duty or fees or if they have passed your item over to Customs.

Note that you are liable for anything that is shipped to you by any means, including mail, even if you claim you did not request it. So if someone overseas sends you illegal substances in Australia you are still potentially criminally liable no matter what you knew about it beforehand.

Other than that info - I reckon everything you need to know is probably on this page and via the links: https://www.abf.gov.au/importing-exporting-and-manufacturing/prohibited-goods/categories/tobacco

 

[cletusSamboy]

^If the tobacco supplier decides to write tea leaves instead of tobacco on the customs declaration form then that's on the shipper's head.
I recently checked my tracking and it took a few hours to be processed by customs and then left the processing facility so I guess customs has sent it off for destruction for failing to provide a permit with the import or the shipper wasn't very honest on the form and judging by the speed of the customs processing me thinks the latter.

 

[Atomic_Decay]

^If the tobacco supplier decides to write tea leaves instead of tobacco on the customs declaration form then that's on the shipper's head.
I recently checked my tracking and it took a few hours to be processed by customs and then left the processing facility so I guess customs has sent it off for destruction for failing to provide a permit with the import or the shipper wasn't very honest on the form and judging by the speed of the customs processing me thinks the latter.

Border Control/Customs can’t prosecute a person or organisation overseas - such as the shipper. Hence the law conveniently makes the recipient of imported goods liable whether they ordered them or not. However, my understanding is that this potential liability is untested in Court and Border Force just uses it as part of their long list of cultish standover and bullying tactics.

From the Border Force website:

You need a permit issued by the ABF to import certain tobacco products.

You have imported tobacco products into Australia if:

• you purchased, ordered or arranged someone to bring or send to you tobacco products to Australia from overseas
• someone has sent you tobacco products from overseas, even if you didn't order or ask for them.

 

[cletusSamboy]

^I don't think customs would have a case against you if you bought tobacco and the shipper tried to ensure you avoid duty by mislabeling the parcel without any consent on your part.

 

[Atomic_Decay]

^I don't think customs would have a case against you if you bought tobacco and the shipper tried to ensure you avoid duty by mislabeling the parcel without any consent on your part.

Actually, Border Force has the power to declare just about anybody in the supply chain the ‘owner’ of goods for the purposes of collecting duty. If they did decide to prosecute in your example, you might find it difficult to prove a negative and that you had no knowledge of the false declaration. Like the Tax Office, Border Force penalise or prosecutes the easiest to access lowest hanging fruit - that’s usually the final Australian resident recipient. And since, also like the Tax Office, they might just fine you administratively rather than prosecute you criminally, the truth of your guilt or innocence is never really determined since it’s unlikely you want to chance $250,000 in legal fees (your’s and theirs if you lose) against maybe a $5,000 fine.

My original point though, was that you are liable (whether for duty or for the importation of prohibited goods) for anything anybody sends to you from overseas.

So hypothetically, if one of your enemies maliciously sent you a gram of coke from overseas and it was intercepted then Border Force claims it can prosecute you for the crime of importing prohibited goods. But, because the actual legislation on this is so ambiguous and loosely drafted, there is a good chance Border Force is claiming greater power than it really has. We’ll only know if/when someone they penalise or prosecute decides to defend themselves in Court.

 

[cletusSamboy]

I'm pretty sure once they hand prohibited drugs to the AFP the police would have to prove the person imported the coke but as long as they have no evidence (bank statements, emails, texts, dark net activity etc of the purchase) then as long as the person denies any and all knowledge and doesn't give in to the pressure to talk or confess then the cops have nothing to go on.

 

[quasimodo21]

I order SNUS and Snuff all the time. It's not illegal. What happens is that customs hold onto it and send you a bill for the GST and Excise. These taxes are INSANE now. It's roughly $1k per kilogram.

Once you pay it is released to you.

It's better to use a courier that has their own customs broker. It's much faster. If you send it via the postal system it can take months for the bill to arrive. For Snus, this can result in it going stale.

I'm happy to answer any questions you may have.

 

[MindlessBilly]

I bought a carton of smokes on the darknet many years ago sent from Moldova sent via normal mail. Customs intercepted it and sent me a 80 dollar bill for outstanding tax before they would release the carton to me.

 

[cletusSamboy]

I bought a carton of smokes on the darknet many years ago sent from Moldova sent via normal mail. Customs intercepted it and sent me a 80 dollar bill for outstanding tax before they would release the carton to me.

Last time I bought a carton the bill was over $200 in tax. Best bet are large bags of pipe tobacco bc customs assumes it's just bags of foodstuff and usually don't open them. Got through a 5lb bag that cost me 200 and would be taxed nearly 3500 if opened for inspection.

 

[MindlessBilly]

Last time I bought a carton the bill was over $200 in tax. Best bet are large bags of pipe tobacco bc customs assumes it's just bags of foodstuff and usually don't open them. Got through a 5lb bag that cost me 200 and would be taxed nearly 3500 if opened for inspection.

Over 200 in tax.. fuck me! It was only 2011 when I attempted to do it. It's criminal that the tax on cigarettes has pretty much tripped in 10 years.
I just buy chop chop these days so my nicotine addiction only costs me about 30 bucks a week, I can justify that but I sure as fuck can't justify the ludacris price for a pack of 30s or a 50 gram pouch.