Excise Act 1901

PART IX - OFFICERS  

Division 1 - Powers of Officers  

Subdivision B - General regulatory powers  

SECTION 87   POWER TO STOP CONVEYANCES ABOUT TO LEAVE AN EXCISE PLACE  

87(1)    

If a conveyance is about to leave an excise place, an officer may:

(a) require the conveyance to stop; and

(b) check to establish that there is appropriate documentation authorising the movement from the excise place of any:

(i) tobacco leaf in or on the conveyance; or

(ii) excisable goods that are subject to the CEO's control (within the meaning of subsection 61(1) ) in or on the conveyance.

87(2)    
For the purposes of subsection (1), an officer may question the person apparently in charge of the conveyance about any goods in, on, or in a container on, the conveyance.

87(3)    
The power in paragraph (1)(b) includes a power to give directions relating to:

(a) the unloading of any goods from the conveyance; or

(b) their movement to a particular part of the excise place for further examination.

87(4)    
If a direction under subsection (3) is not complied with, an officer may do what is necessary to give effect to the direction or to arrange for it to be done.

87(5)    
An officer must not detain a conveyance under this section for longer than is necessary and reasonable to exercise the powers conferred by this section.

87(6)    

In this section:

"aircraft"
means any machine or craft that can derive support in the atmosphere from the reactions of the air;

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

"conveyance"

"Excise place"