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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I do have a question, am i responsible is mailed

Customer Question

Hi,
i do have a question, am i responsible for what is mailed to me ? if something illegal is mailed to me under ma real name and so on what is my responsability ? specially if there is nothing that prove that i knew for the order or that i have order anything ?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good eveningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.If you take delivery you are responsible. What was sent to you and did you know it was being sent?
Customer: replied 1 year ago.
nothing has been send yet, but i wanted to order something and just pretend that i've never heard of it if any cops knocked at my door 5 min after the delivery.
how can they prove that i'm responsible if there is no evidences at all on my cell and my laptop ? if i'm ordering from a internet café, technically what would be the risk for me ? i'm no one is coming it's ok but if a officer knocked at my door 5 min after the post man and that i just say that i don't know what it is, that i haven't open it yet and that i haven't order anything and would be the risk for me and sanctions ? how can they prove i've ordered anything and that i knew for the order ?
Expert:  Leon replied 1 year ago.
Good EveningYou will be held liable. if you order it then you will be held liable. You will have to prove to the police that you did not order it. They will make enquiries as well. You are best to not do it. You have to give email addresses phone number etc. You are risking alot. And many of these places are tracked. You are risking being charged and you will be put to proof that you did not arrange for the illegal substance or what ever it is was not ordered by you. It is a risk. I hope this makes sense and is of assistance.
Customer: replied 1 year ago.
if i'm ordering from an internet café, using vpn without any personal information, they can check my phone, check my laptot, my all flat, if there is absolutly nothing how can they prove that i did anything ? then it's too easy to trap someone i just have to order cocaine or anything on the deep web and ship it to someone i hate, do you get what i mean ?
how can i prove i haven't order anything if it's the case ?
Expert:  Leon replied 1 year ago.
Good EveningAny parcel you receive you are deemed an importer under the law. https://www.border.gov.au/Busi/Impo/ImpoThey will charge you.
Customer: replied 1 year ago.
then it's too easy to trap someone nop ?
Expert:  Leon replied 1 year ago.
The law says you ordered it.They do not have to prove you did. The fact it is addressed to you is enough.You then have to prove you did not.It is easy to trap someone, which would be a horrible thing to do. So I hope you understand that the fact it is addressed to you means they will say you ordered it they do not need any other evidence. I hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Customer: replied 1 year ago.
excuse me but it's seems unbelivable to me, if there is absolutly no evidences that i've ordered anything, any bank activity, mail, phone conversation like absolutly anything how can they prove anything ? there is no
presumption of innocence in australia ?
Expert:  Leon replied 1 year ago.
Good MorningI know what you mean but that is what the customs Act says. You are deemed to have imported the good.