Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision JA - Powers to monitor and audit - Australia-United States Free Trade Agreement  

SECTION 214BAE   VERIFICATION OFFICERS MAY ENTER PREMISES AND EXERCISE AUSFTA VERIFICATION POWERS WITH CONSENT  

214BAE(1)   [Powere to enter premises]  

A verification officer may enter premises, and exercise AUSFTA verification powers in or on the premises, to the extent that it is reasonably necessary for the purpose of verifying information relating to the export, production or transportation of textile and clothing goods that are exported to the US.

214BAE(2)   Occupier's consent required.  

However, a verification officer must not enter premises under this section unless the occupier of the premises consents to the officer entering the premises and exercising AUSFTA verification powers in or on the premises.

214BAE(3)   [Written notice]  

Before obtaining a consent under subsection (2), a verification officer must give to the occupier of the premises a written notice stating:

(a) that the officer wishes to enter the premises and exercise AUSFTA verification powers in or on the premises; and

(b) the period during which the officer wishes to exercise the powers; and

(c) the name of any US customs official who the officer proposes will accompany the officer.

214BAE(4)   [Occupier may refuse consent]  

Before obtaining a consent under subsection (2), a verification officer must tell the occupier of the premises that the occupier may refuse consent.

214BAE(5)   [Consent limited to entry]  

An occupier of premises may express a consent to be limited to entry to the premises, and to the exercise of AUSFTA verification powers in or on the premises, during a particular period unless the occupier withdraws the consent before the end of that period.

214BAE(6)   [Unlimited consent]  

An occupier's consent that is not so limited has effect in relation to any entry to the premises, and to any exercise of AUSFTA verification powers in or on the premises, until the occupier withdraws the consent.

214BAE(7)   Verification officer must leave premises if consent withdrawn.  

A verification officer must leave the premises if the occupier withdraws the consent.

214BAE(8)   Consent to be voluntary.  

A consent of a person does not have effect for the purposes of this section unless it is voluntary.

214BAE(9)   Consent, or withdrawal of consent, to be in writing.  

A consent of a person, or a withdrawal of consent by a person, does not have effect for the purposes of this section unless it is in writing.

214BAE(10)   Notice setting out the occupier's rights and obligations.  

Before exercising AUSFTA verification powers in respect of premises, a verification officer must give to the occupier of the premises a written notice setting out the occupier's rights and obligations under this Subdivision.

214BAE(11)   Production of identity card.  

Before a verification officer enters premises or exercises any AUSFTA verification powers, he or she must produce his or her identity card to the occupier.