Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision D - Seizure of goods believed to be forfeited goods  

SECTION 203C   SEIZURE WITHOUT WARRANT OF NARCOTIC GOODS OR OF EVIDENTIAL MATERIAL RELATING TO NARCOTIC GOODS AT OTHER PLACES  

203C(1)   [Narcotic goods at Customs place]  

This section applies if:

(a) an authorised person suspects on reasonable grounds that there are special forfeited goods that are narcotic goods:

(i) at, or in a container at, a place other than a Customs place; or

(ii) in, on, or in a container on, a conveyance at a place other than a Customs place; or

(iii) in a container in the immediate physical possession of, but not carried on the body of, a person at a place other than a Customs place; and

(b) it is necessary to exercise a power under this section in order to prevent such goods from being concealed, lost or destroyed.

Note: Container has a special definition for the purposes only of this Division.

203C(2)   [Power of authorised person]  

The authorised person may, without warrant:

(a) search the place or any container at the place for narcotic goods; or

(b) stop and detain the conveyance about to leave the place, and search it and any container on it for narcotic goods; or

(c) search the container in the immediate physical possession of the person for narcotic goods;

as the case requires, and seize any goods that the authorised person reasonably suspects are narcotic goods if the authorised person finds them there.

203C(2A)   [Seizure of goods after search of a person]  

For the avoidance of doubt, the power of the authorised person to seize, without warrant, goods found at a place other than a Customs place that are reasonably suspected of being narcotic goods includes the power to seize, without warrant, any goods that:

(a) have been produced as a result of a frisk search of a person; or

(b) have been discovered on the body of a person as a result of an external search or an internal search of the person;

if the search is conducted under Division 1B at a place other than a Customs place and the goods are reasonably so suspected.

203C(3)   [Seizure of evidential material]  

If, in the course of searching under subsection (2) for special forfeited goods that are narcotic goods, an authorised person finds a thing that the authorised person believes on reasonable grounds is evidential material relating to an offence committed in respect of those goods, the authorised person may, without warrant, seize that thing whether or not the authorised person has found those goods.

203C(4)   [Authorised person may question any person]  

For the purposes of a search conducted under subsection (2), the authorised person may question any person apparently in charge of the place, conveyance or container about any goods or thing at the place, in or on the conveyance, or in the container.

203C(5)   [Exercise of powers]  

The authorised person must exercise his or her powers subject to section 203D.