Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision D - Seizure of goods believed to be forfeited goods  

SECTION 203D   HOW AN AUTHORISED PERSON IS TO EXERCISE CERTAIN POWERS  

203D(1)    


An authorised person who exercises powers under section 203B , 203C , 203CA or 203CB in relation to a conveyance must not detain the conveyance for longer than is necessary and reasonable to exercise those powers.

203D(2)    


An authorised person exercising powers under section 203B , 203C , 203CA or 203CB may use such force as is necessary and reasonable in the circumstances, but must not:


(a) forcibly remove any container or other goods from a person ' s physical possession; or


(b) damage any place, conveyance, container or other goods of which the person is apparently in charge;

unless:


(c) the person has been given a reasonable opportunity to facilitate the exercise of the powers by providing access to the place, conveyance, container or goods or by opening the conveyance or container; or


(d) it is not possible to give that person such an opportunity.





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