Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision A - Preliminary  

SECTION 183UA   DEFINITIONS  

183UA(1)    

In this Division, unless the contrary intention appears:

"authorised person"
means:

(a) in relation to an application for, or for the execution of, a search warrant - an officer of Customs; and

(b) in relation to an application for, or for the execution of, a seizure warrant in respect of goods referred to in subparagraph (a)(i) of the definition of " forfeited goods " :

(i) an officer of Customs; or

(ii) an officer of police; or

(iii) a member of the Defence Force; and

(c) in relation to an application for, or for the execution of, a seizure warrant in respect of goods referred to in subparagraph (a)(ii) or paragraph (b) of the definition of " forfeited goods " - an officer of Customs; and

(d) in relation to the exercise of powers under section 203B or 203C :

(i) an officer of Customs; or

(ii) an officer of police; or

(iii) a member of the Defence Force; and

(da) in relation to the exercise of powers under section 203CA or 203CB :

(i) an officer of Customs; or

(ii) a maritime officer who is exercising maritime powers under the Maritime Powers Act 2013 in relation to a ship or aircraft to which section 203CA of this Act applies; or

(iii) an officer of police; or

(iv) a member of the Defence Force; and

(e) in relation to an application for, or the execution of, a seizure warrant under section 203DA - an officer of Customs; and

"baggage"
means goods:

(a) that are carried by or for a traveller, including the captain and crew members, on board the same ship or aircraft as the traveller; or

(b) that a traveller intended to be so carried;

container
includes:

(a) a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another; and

(b) any baggage; and

(c) any other thing that is or could be used for the carriage of goods, whether or not designed for that purpose;

"conveyance"
means an aircraft, railway rolling stock, vehicle or vessel of any kind;

Customs place
means:

(aa) a place owned or occupied by the Commonwealth for use for the purposes of the Customs Acts; or

(a) a port, airport or wharf that is appointed, and the limits of which are fixed, under section 15 ; or

(aaa) a place to which a ship or aircraft has been brought because of stress of weather or other reasonable cause as mentioned in subsection 58(1) , while that ship or aircraft remains at that place; or

(b) a place that is the subject of a permission under subsection 58(2) ; or

(c) a boarding station that is appointed under section 15 ; or

(d) a place described in a depot licence that is granted under section 77G ; or

(e) a place described in a licence for warehousing goods that is granted under subsection 79(1) ; or

(f) a place approved in an instrument under subsection (2) as a place for the examination of international mail; or

(g) a place from which a ship or aircraft that is the subject of a permission under section 175 is required to depart, between the grant of that permission and the departure of the ship or aircraft; or

(h) a place to which a ship or aircraft that is the subject of a permission under section 175 is required to return, while that ship or aircraft remains at that place; or

(i) a section 234AA place that is not a place, or a part of a place, referred to in paragraph (aa), (a), (aaa), (b), (c), (d), (g) or (h);

communication in transit
means a communication (within the meaning of the Telecommunications Act 1997 ) passing over a telecommunications network (within the meaning of that Act).

data held in a computer
includes:

(a) data held in any removable data storage device for the time being held in a computer; or

(b) data held in a data storage device on a computer network of which the computer forms a part.

data storage device
means a thing containing, or designed to contain, data for use by a computer.

designated container
means a container referred to in paragraph (c) of the definition of container ;

"evidential material"
, in relation to an offence, whether the offence is indictable or summary, means a thing relevant to the offence, including such a thing in electronic form;

"executing officer"
, in relation to a search warrant or to a seizure warrant, means:

(a) an authorised person named in the warrant by the judicial officer issuing it as being responsible for executing the warrant; or

(b) if that authorised person does not intend to be present at the execution of the warrant - any authorised person whose name has been written in the warrant by the authorised person so named; or

(c) another authorised person whose name has been written in the warrant by the authorised person last named in the warrant;

forfeited goods
means:

(a) goods described as forfeited to the Crown under:

(i) section 228 , 228A , 228B , 228C , 229 , 229A or 230 of this Act; or

(ii) section 7 , 10 , 11 or 13 of the Commerce (Trade Descriptions) Act 1905 ; or

(b) tobacco forfeited to the Crown under paragraph 116(1)(aa) of the Excise Act 1901 in respect of an offence committed against a provision in Subdivision 308-A in Schedule 1 to the Taxation Administration Act 1953 .

"frisk search"
(Repealed by No 74 of 2008)

"judicial officer"
means:

(a) in relation to a search warrant, or to a seizure warrant under section 203 :

(i) a magistrate; or

(ii) a justice of the peace or other person employed in a court of a State or Territory who is authorised to issue search warrants; or

(b) in relation to a seizure warrant under section 203DA :

(i) a Judge of the Federal Court of Australia or of the Supreme Court of the Australian Capital Territory in relation to whom a consent under subsection 183UD(1) , and a nomination under subsection 183UD(2) , are in force; or

(ii) a Judge of the Supreme Court of a State in respect of whom an appropriate arrangement in force under section 11 is applicable; or

(iii) a Judge of the Supreme Court of the Northern Territory who is not a Judge referred to in subparagraph (i) and in respect of whom an appropriate arrangement in force under section 11 is applicable.

"magistrate"
(Repealed by No 26 of 2016)

"occupier"
, in relation to premises that are a conveyance or a container, means the person having charge of the conveyance or container;

offence
means:

(a) an offence against this Act; or

(b) an offence against the Commerce (Trade Descriptions) Act 1905 ; or

(c) an offence against section 72.13 or Division 307 or 361 of the Criminal Code ; or

(d) an offence against a provision in Subdivision 308-A in Schedule 1 to the Taxation Administration Act 1953 .

"ordinary search"
means a search of a person or of articles in the possession of a person that may include:

(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes or hat; and

(b) an examination of those items;

"person assisting"
, in relation to a search warrant or to a seizure warrant, means:

(a) a person who is an authorised person and who is assisting in the execution of the warrant; or

(b) a person who is not an authorised person and who has been authorised by the Comptroller-General of Customs to assist in executing the warrant;

"premises"
includes a place, a conveyance or a container;

prohibited psychoactive substance
means a psychoactive substance (within the meaning of Part 9.2 of the Criminal Code ) that:

(a) is not a substance to which subsection 320.2(2) of the Criminal Code applies; and

(b) has been imported into Australia.

prohibited serious drug alternative
means a substance:

(a) the presentation of which includes an express or implied representation that the substance is a serious drug alternative (within the meaning of Part 9.2 of the Criminal Code ); and

(b) that is not a substance to which subsection 320.3(3) of the Criminal Code applies; and

(c) that has been imported into Australia.

recently used conveyance
, in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search commenced.

search warrant
means a warrant issued under section 198 or 199A ;

"seizable item"
seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.

"seizure notice"
means:

(a) in relation to Subdivision G-a notice of the kind mentioned in section 205A ; and

(b) in relation to Subdivision GA-a notice of the kind mentioned in section 209E .

"seizure warrant"
means a warrant issued under section 203 or 203DA ;

serious offence
has the same meaning as in Part IAA of the Crimes Act 1914 .

special forfeited goods
means:

(a) forfeited goods referred to in paragraph 229(1)(a) that:

(i) are narcotic goods; or

(ii) are a prohibited psychoactive substance; or

(iii) are a prohibited serious drug alternative; or

(iv) consist of a border controlled precursor; or

(b) forfeited goods referred to in paragraph 229(1)(b) , (da) , (e) , (n) or (na) .

telecommunications facility
means a facility within the meaning of the Telecommunications Act 1997 .

terrorist act
has the meaning given by section 100.1 of the Criminal Code .

"warrant premises"
means premises in relation to which a search warrant or a seizure warrant is in force.

183UA(2)    

For the purposes of paragraph (f) of the definition of Customs place in subsection (1), the Comptroller-General of Customs may, by legislative instrument, approve a place as a place for the examination of international mail.

183UA(2AA)    
For the purposes of this Part, an offence against section 6 of the Crimes Act 1914 that relates to an offence against section 72.13 of the Criminal Code is taken to be an offence against section 72.13 of the Criminal Code .

183UA(2A)    

For the purposes of this Part, an offence against section 6 of the Crimes Act 1914 that relates to an offence against Division 307 or 361 of the Criminal Code is taken to be an offence against that Division.

183UA(3)    

For the purposes of this Part:

(a) an offence against section 141.1 , 142.1 , 142.2 or 149.1 of the Criminal Code that relates to this Act is taken to be an offence against this Act; and

(aa) an offence against section 141.1 , 142.1 , 142.2 or 149.1 of the Criminal Code that relates to section 72.13 of the Criminal Code is taken to be an offence against section 72.13 of the Criminal Code ; and

(b) an offence against section 141.1 , 142.1 , 142.2 or 149.1 of the Criminal Code that relates to Division 307 or 361 of the Criminal Code is taken to be an offence against that Division.

183UA(4)    
(Repealed by No 116 of 2014)

183UA(4A)    
(Repealed by No 116 of 2014)

183UA(5)    
(Repealed by No 116 of 2014)