Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

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History

Div 1 heading substituted by No 41 of 2015, s 3 and Sch 1 item 633, effective 1 July 2015. For saving and transitional provisions see note under the title of this Act.

Subdivision B - General regulatory powers  

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History

Heading for Subdiv B inserted by No 85 of 1995, s 6 and Sch 4, effective 1 July 1995.

SECTION 195   POWER TO QUESTION PASSENGERS ETC.  

195(1)    

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An officer of Customs may question:

(a)    

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any person who is on board a ship or an aircraft or an installation of the kind referred to in paragraph 187(b) , (c) , (d) , (e) , (ea) or (eb) ; or

(b)    any person who has, or who the officer has reason to believe has, got off a ship or out of an aircraft; or

(c)    any person who the officer has reason to believe is about to board a ship or an aircraft,

as to whether that person or any child or other person accompanying him or her has on his or her person, in his or her baggage or otherwise with him or her any:

(d)    

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dutiable goods; or

(e)    excisable goods; or

(f)    prohibited goods.

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History

S 195(1) amended by No 71 of 2022, s 3 and Sch 1 item 29, applicable after 1 December 2022 to an offshore electricity installation that was constructed, installed or decommissioned before or after 1 December 2022.

S 195(1) amended by No 8 of 2007, s 3 and Sch 5 items 152 to 156, effective 15 March 2007.

S 195(1) amended by No 79 of 1990.

195(2)    

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A person shall answer questions put to him or her in pursuance of subsection (1) .

Penalty: 30 penalty units.

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History

S 195(2) amended by No 52 of 2013, s 3 and Sch 1 item 100, effective 28 November 2013.

S 195(2) amended by No 8 of 2007, s 3 and Sch 5 item 157, effective 15 March 2007.

S 195(2) amended by No 82 of 2002.

195(3)    

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Subsection (2) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

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History

S 195(3) inserted by No 24 of 2001, s 3, Sch 21 [ 84], effective 15 December 2001.

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