topic Re: Buying Tobacco seeds from USA in Buying

Buying Tobacco seeds from USA

peppers-tree — Mon, 10 Nov 2014 01:23:27 GMT

Got a package in the post this morning. Opened it up without looking at the lable and it contained 4 vials of tobacco seeds.

I know the person they were meant for and will take the package up to them today but, My question is, is it LEGAL to send seeds in the mail . The package was noted as merchandise..I thought all seeds were banned and destroyed.. I might be wrong though..What do you think ?

Re: Buying Tobacco seeds from USA

imastawka — Mon, 10 Nov 2014 01:31:27 GMT

Illegally imported, and illegal to grow tobacco without a license

http://www.austlii.edu.au/au/legis/cth/consol_act/ea190180/s28.html

The seeds should have been destroyed, as they can be a threat

disease-wise to our tobacco industry.

Re: Buying Tobacco seeds from USA

imastawka — Mon, 10 Nov 2014 01:39:06 GMT

ECTION 28 ONLY LICENSED PRODUCERS TO PRODUCE TOBACCO LEAF ETC.

28(1)

A person who does not hold a producer licence must not intentionally produce material that is tobacco seed, tobacco plant or tobacco leaf knowing, or being reckless as to whether, the material is tobacco seed, tobacco plant or tobacco leaf.

Penalty:

(a) for tobacco seed or tobacco plant-2 years imprisonment or 500 penalty units; and (b) for tobacco leaf-2 years imprisonment or the greater of: (i) 500 penalty units; and (ii) 5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

28(2)

A person who does not hold a producer licence must not produce tobacco seed, tobacco plant or tobacco leaf.

Penalty: 100 penalty units.

28(3)

Strict liability applies to subsection (2).

“(a) for tobacco seed or tobacco plant-2 years imprisonment or 500 penalty units; and (b) for tobacco leaf-2 years imprisonment or the greater of:”

But note the statement:

“Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.”

penalty unit means $170.

So a ‘fine’ of 500 penalty units equals 500 x $170! Equals $85,000! Thus, if you grow one tobacco plant (without a licence), you are possibly liable for a fine of $85,000!

Re: Buying Tobacco seeds from USA

peppers-tree — Mon, 10 Nov 2014 01:39:50 GMT

That's what I thought .. what would you do in this instance? Take them to the Police and let them handle it.. Give it to the buyee and forget about it..

Re: Buying Tobacco seeds from USA

peppers-tree — Mon, 10 Nov 2014 01:41:47 GMT

And.. they were purchased on USA Ebay..

Re: Buying Tobacco seeds from USA

harley_babes_hoard — Mon, 10 Nov 2014 01:44:31 GMT

There are plenty of seeds that can be imported legally into Australia but as mentioned above tobacco is not one of them.

Re: Buying Tobacco seeds from USA

zelly888 — Mon, 10 Nov 2014 01:47:17 GMT

If you're the tabacco police then hand them in otherwise give them to whom they were meant for

Re: Buying Tobacco seeds from USA

wilk1149 — Mon, 10 Nov 2014 01:57:44 GMT

Pass them on. Not your problem. Worst case scenario the cops charge you for possession of them

Re: Buying Tobacco seeds from USA

peppers-tree — Mon, 10 Nov 2014 04:56:30 GMT

If we all had the attitude of " Not your problem" Heaven knows what the world would be like...

Keeping our country safe is a problem and concern for ALL of us..not just a few...

I asked what YOU would do not what you thought I should do...We should ALL care, after all, our kids and their kids have to live in this world long after we are gone and if you don't care about that, then you shouldnt have kids..

Re: Buying Tobacco seeds from USA

2106greencat — Mon, 10 Nov 2014 05:01:18 GMT

Personally, I would not forward, I would either destroy, or if you feel so inclined, contact customs and give buyers details.

Re: Buying Tobacco seeds from USA

imastawka — Mon, 10 Nov 2014 05:01:35 GMT

Personally, I'd burn 'em and deny all knowledge. I no longer smoke, so

don't care.

Did you sign for them? That could be a problem.

They won't be out of pocket much, I see you can buy

thousands of tobacco seeds for as little as a coupla bucks

on ebay.com

Re: Buying Tobacco seeds from USA

imastawka — Mon, 10 Nov 2014 05:05:19 GMT

@2106greencat wrote:
Personally, I would not forward, I would either destroy, or if you feel so inclined, contact customs and give buyers details.

I like that answer, gc.

If they don't get them, they'll just buy more from the U.S

But you would need to show customs the seeds, I think

Re: Buying Tobacco seeds from USA

zelly888 — Mon, 10 Nov 2014 05:06:45 GMT

Well then do the right thing,and by the way how come you know so much about them? How do you know they were purchased on US ebay? you seem to know alot.

Re: Buying Tobacco seeds from USA

2106greencat — Mon, 10 Nov 2014 05:08:23 GMT

zelly - peppers would know as they have received the parcel incorrectly with all the details, not hard to track a member on eBay, no matter what anyone thinks.

Re: Buying Tobacco seeds from USA

imastawka — Mon, 10 Nov 2014 05:10:24 GMT

I've received parcels with my full name and ebay id

on the label for all to see

Re: Buying Tobacco seeds from USA

zelly888 — Mon, 10 Nov 2014 05:11:40 GMT

I forgot that OP opened another persons property isn't this known as mail theft?

Re: Buying Tobacco seeds from USA

2106greencat — Mon, 10 Nov 2014 05:13:11 GMT

That's right, and in the US it is NOT illegal to sell tobacco seeds, and it is not the sellers responsibility to know what is illegal to import into another country, it is the buyers responsibility.

I am kinda gobsmacked about the fact that 'tobacco seeds" was clearly written on the label and it made it as far as it did and got delivered (albeit to the wrong person).

Not customs finest hour LOL

Re: Buying Tobacco seeds from USA

2106greencat — Mon, 10 Nov 2014 05:16:50 GMT

@zelly888 wrote:
I forgot that OP opened another persons property isn't this known as mail theft?

No, it is not mail theft, theft is when you 'take' something, this was 'given' to the OP.

Splitting hairs, but fact is, who in their right mind is going to open an investigation coz they didn't receive the drugs they ordered on line LOL

Just say you find a wallet, jammed full of cash - you go thru the wallet to get the license or some id of the owner - are you a thief because you didn't just hand in the waller (unopened) to the nearest police station.

Re: Buying Tobacco seeds from USA

imastawka — Mon, 10 Nov 2014 05:16:18 GMT

Reading back, OP opened parcel by mistake. Parcel was labelled 'merchandise'

Buyer should not have bought, but seller clearly mislabelled contents on

customs declaration

Re: Buying Tobacco seeds from USA

2106greencat — Mon, 10 Nov 2014 05:17:37 GMT

Aaah - my faith in customs is now reinstated.