The BYM News reports that the conviction of visiting yachtsman James Manzari has been upheld. He has been fined $4000 and has to pay costs of $16000 plus legal costs for not announcing his arrival in his yacht within the prerequisite time frame.
Mr Manzari did in fact break the recently changed law by not informing Australian Customs of his arrival 96 hours in advance making him guilty, a fact which he has not denied. Believing there were extenuating circumstances, Mr Manzari decided to fight the charges against him.
What is not revealed in this report is that prior to his departure, Mr Manzari checked with the Australian Authorities in New Caledonia about the entry conditions for Australia. The information, which he sought in good faith, was out of date and incorrect. This apparently is Mr Manzari’s fault. He should have known better than to rely on an Australian Government agency for reliable information. In an apparent attempt to prove that we are not totally incompetent here, Australian Customs has doggedly and successfully persued Mr Manzari through the courts for this serious breach of Australia’s borders.
Mr Manzari did not try and sneak in to the Country but reported to the Authorities within the guidlines he had been given and acted in good faith. However Customs National Director Enforcement and Investigation, Brian Hurrell thinks this conviction is important in helping protect Australia’s borders from illegal activity. Onya Brian.
For a full report on this sorry saga visit The Coastal Passage
6 comments ↓
You have got to be kidding! If Mr. Manzari had proven to Australian authorities here in ‘OZ’ that he sought proper advice from our own people in New Caledonia, how can the Australian government convict him for ‘doing the right thing?’ Is Hurrell merely trying to justify to the ‘new’ Minister of Immigration his bureaucratic position as a ‘dickhead?’ Surely Mr. Manzari will appeal his conviction and then sue the ass off the Aussie government…..
Unforetunately this was his final appeal.
Ian,
This being the case, what is the point in approaching Australian customs/immigration in a foreign country for information re: entry into this country? What is the proper course of action to prevent this situation happening to other unsuspecting persons?
Regards, Mark
I was shocked and annoyed by this treatment of visiting sailors to Australia over such a minor infringement. I think the word has spread in cruising circles about this situation, so no one else should get caught out.
I just came across the news of this today. Ridiculous. I wrote customs and told them they won’t need to worry about me or any of my friends visiting Australia any time in the future. New Zealand will be just fine, keep a wide berth around anything to do with Australia. The fines mentioned are for the appeal not what was charged in the orginal trial is this correct? How much was the total outlay by the Manzari’s. Will they need to sell their boat or if they don’t pay, customs will confiscate it and some retiring gov’t official buy it for peanuts, take it on from here, cruise the world like he’s always dreamed. Good onya dudes.
Yank from Mt. Hood Oregon
Hi Bruce
I believe the fine was $4000, an outragous amount under the circumstances. Rumour has it that the over zealous hounding of visitors to Australia under this rule has moderated due to the bad publicity Australian Customs received (though I’m sure they would deny this). I think it is unlikely you would experience the same problem today as long you haven’t blatantly disregarded any entry requirements. Australia is well worth a visit and even some Customs Officers are known to be friendly and reasonable.
Ian
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