Customs Amendment (Strengthening Border Controls) Act 2008 (74 of 2008)

Schedule 2   Search powers on certain ships and aircraft

Customs Act 1901

6   At the end of section 185

Add:

(7) For the purposes of paragraph (2)(cb), goods found on a ship or aircraft, or documents produced by a person found on a ship or aircraft, may afford evidence of the commission of a relevant offence only if:

(a) in a case where the ship is in Australia - the goods or documents may afford evidence of the commission of an offence, either in or outside Australia, against this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations; or

(b) in a case where the ship is outside Australia - the goods or documents may afford evidence of the commission of an offence:

(i) in Australia against this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations; or

(ii) in Australia's exclusive economic zone against an Act prescribed by the regulations; or

(c) in a case where the aircraft is in Australia - the goods or documents may afford evidence of the commission of an offence, either in or outside Australia, against this Act or section 72.13 or Division 307 of the Criminal Code.