Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision D - Seizure of goods believed to be forfeited goods  

SECTION 203A   THE THINGS THAT ARE AUTHORISED BY SEIZURE WARRANTS FOR FORFEITED GOODS  

203A(1)   [Matters authorised under warrant]  

A seizure warrant that is in force under section 203 in relation to premises authorises the executing officer or a person assisting:

(a) to enter the warrant premises; and

(b) to search for the goods described in the warrant; and

(c) to seize the goods described in the warrant; and

(d) to seize other goods:

(i) that are found on or in the premises in the course of searching for the goods the subject of the warrant; and

(ii) that the executing officer or a person assisting believes on reasonable grounds to be special forfeited goods; and

(e) if the warrant so allows:

(i) to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or a person assisting suspects on reasonable grounds that the person has any goods that are goods the subject of the warrant, special forfeited goods or seizable items in his or her possession; and

(ii) to seize any such goods or items found in the course of that search; and

(f) if the warrant so allows:

(i) to conduct an ordinary search or a frisk search of a person who is at or near the premises if the executing officer or a person assisting suspects on reasonable grounds that the person has in his or her possession any relevant evidential material; and

(ii) to seize any relevant evidential material found in the course of that search.

203A(2)   [Premises not a conveyance or container]  

Without limiting the generality of the powers conferred by a warrant issued in respect of premises that are not a conveyance or a container, the warrant extends to every conveyance or container on the premises.

203A(3)   [Warrants in respect of conveyance]  

Without limiting the generality of the powers conferred by a warrant issued in respect of premises that are a conveyance, the warrant:

(a) permits entry of the conveyance, wherever it is; and

(b) extends to every container on the conveyance.

203A(4)   [Entry of a container]  

A warrant issued in respect of premises that are a container permits entry of the container, wherever it is, to the extent that it is of a size permitting entry.

203A(5)   [Execution of warrant during particular hours]  

If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.

203A(6)   [Search of a person]  

If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised must not be done under the warrant.

203A(7)   [ Relevant evidential material]  

In this section:

relevant evidential material
means evidential material in relation to an offence by reason of the commission of which goods are believed to be:

(a) goods that are the subject of the warrant; or

(b) special forfeited goods.