Financial Transaction Reports Act 1988

PART V - ENFORCEMENT  

SECTION 33   QUESTIONING AND SEARCH POWERS  

33(1)   [Person about to leave Australia]  

Any person who is about to leave Australia before the commencement of Division 1 of Part 4 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 shall, if requested to do so by an officer:

(a) declare whether or not the person has with him or her any Australian currency or foreign currency;

(b) declare the amount of any Australian currency or foreign currency that the person has with him or her;

(c) declare whether or not, to the best of the person ' s knowledge and belief, a report under section 15 has been given in respect of any Australian currency or foreign currency that the person has with him or her; and

(d) produce to the officer any Australian currency or foreign currency that the person has with him or her.

33(2)   [Person arriving in Australia]  

Any person who arrives in Australia before the commencement of Division 1 of Part 4 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 shall, if requested to do so by an officer:

(a) declare whether or not the person has with him or her any Australian currency or foreign currency;

(b) declare the amount of any Australian currency or foreign currency that the person has with him or her;

(c) declare whether or not, to the best of the person ' s knowledge and belief, a report under section 15 has been given in respect of any Australian currency or foreign currency that the person has with him or her; and

(d) produce to the officer any Australian or foreign currency that the person has with him or her.

33(3)   [Power to examine article]  

An officer may, with such assistance as is reasonable and necessary, examine an article which a person has with him or her if the person:

(a) is about to leave Australia or has arrived in Australia; or

(b) is about to board or leave, or has boarded or left, any ship or aircraft;

for the purpose of finding out whether the person has with him or her any currency in respect of which a report under section 15 is required.

33(3A)   [Power to search person]  

A police officer or a customs officer (being an officer in respect of whom a declaration under section 219ZA of the Customs Act 1901 is in force) may, with such assistance as is reasonable and necessary, search a person if:

(a) the person is about to leave Australia, or has arrived in Australia, or the person is about to board or leave, or has boarded or left, any ship or aircraft; and

(b) the officer has reasonable grounds to suspect that there is on the person, or in clothing being worn by the person, currency in respect of which a report under section 15 is required;

for the purpose of finding out whether the person has with him or her any such currency.

33(4)   [Power to seize currency]  

Where an officer has reasonable grounds to believe that currency found in the course of an examination or search under subsection (3) or (3A) may afford evidence as to the commission of an offence against section 15 , the officer may seize the currency.

33(5)   [Search to be by person of same sex]  

A person shall not be searched under subsection (3A) except by a person of the same sex.

33(6)   [Power to board ship or aircraft]  

An officer, and any person assisting an officer, may board any ship or aircraft for the purpose of exercising the powers conferred by subsection (1), (2), (3), (3A) or (4).

33(7)   [Search for currency in ship or aircraft]  

An officer may, with such assistance as is reasonable and necessary, board any ship or aircraft and examine or search the ship or aircraft and any goods found on the ship or aircraft for the purpose of ascertaining whether there is on board the ship or aircraft any currency in respect of which a report under section 15 is required.

33(7A)   [Power to enter and examine prescribed place]  

An officer may, with such assistance as is reasonable and necessary, go onto or enter any prescribed place and examine the place, and any goods found at or in it, for the purpose of finding out whether there is at or in the place, or the goods, any currency in respect of which a report under section 15 is required.

33(8)   [Seizure of currency found]  

Where an officer has reasonable grounds to believe that currency found in the course of an examination or search under subsection (7) or (7A) may afford evidence as to the commission of an offence against section 15 , the officer may seize the currency.

33(9)   [Offence]  

A person who contravenes subsection (1) or (2) commits an offence against this subsection punishable, upon conviction, by imprisonment for not more than 1 year.

Note:

Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on an individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.

33(10)   [Definitions]  

In this section:

offence against section 15
includes an offence against section 6 of the Crimes Act 1914 or section 11.1 , 11.4 or 11.5 of the Criminal Code that relates to an offence against section 15 of this Act.

"officer"
means:

(a) a police officer; or

(b) a customs officer;

"prescribed place"
means:

(a) a place for the examination of goods on landing, being a place appointed under section 17 of the Customs Act 1901 ; or

(b) a warehouse in respect of which a warehouse licence, within the meaning of Part V of that Act, is in force; or

(c) a port, airport, wharf or boarding station appointed under section 15 of that Act.