Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision D - Seizure of goods believed to be forfeited goods  

SECTION 203CB   SEIZURE WITHOUT WARRANT OF CERTAIN OTHER GOODS IN THE PROTECTED ZONE  

203CB(1)   [Application of section]  

This section applies if an authorised person suspects on reasonable grounds that:

(a) goods are:

(i) at, or in a container at, a place that is near a ship or aircraft to which paragraph 203CA(1)(c) or applies; or

(ii) in, on, or in a container on, a conveyance at such a place; or

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

(b) the goods:

(i) in the case of an arriving ship or aircraft - have been unloaded from that ship or aircraft; or

(ii) in the case of a leaving ship or aircraft - will be loaded onto that ship or aircraft; and

(c) the goods are special forfeited goods (other than narcotic goods).

203CB(2)   [Search and seizure of goods]  

The authorised person may, without warrant:

(a) search the place or any container at the place for special forfeited goods (other than narcotic goods); or

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

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

as the case requires, and seize any goods that the authorised person reasonably suspects are special forfeited goods (other than narcotic goods) if the authorised person finds them there.

Note:

For seizure of narcotic goods without warrant, see section 203C of this Act and subparagraph 67(1)(b)(ii) of the Maritime Powers Act 2013 .

203CB(3)   [Seizure of evidential material]  

If, in the course of searching under subsection (2) for special forfeited goods, an authorised person finds a thing that he or she 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.

203CB(4)   [Authorised person may question]  

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.

203CB(5)   [Powers to be exercised subject to sec 203D]  

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