Customs Act 1901

PART XII - OFFICERS

Division 1 - Powers of officers

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Subdivision H - Arrest and related matters

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History

Subdiv H substituted by No 34 of 2009, Sch 10, item 2, effective 19 June 2009. Pt 2 of Sch 10 of No 34 of 2009 provides for the following application provision:

Application to arrests made before commencement of this Schedule
4(1)
The amendments made by this Schedule do not affect the validity of an arrest made before the commencement of this Schedule.

4(2)
Subject to subitem (3), the amendments made by this Schedule do not apply in relation to an arrest made before the commencement of this Schedule.

4(3)
Subsections 210(3) and (4) of the Customs Act 1901 as in force after the commencement of this Schedule apply in relation to a person arrested under section 210 of that Act before the commencement of this Schedule as if he or she had been arrested under that section after that commencement.

Subdiv H formerly read:

Subdivision H - Powers of Arrest
SECTION 210 PERSONS SUSPECTED OF SMUGGLING ETC.
210(1) [Arrest without warrant]
An officer of Customs or police may without warrant arrest any person who he or she has reasonable grounds to believe is guilty of -

(a) committing an offence against section 231 or 233; or

(b) committing an offence against subsection 233BAA(4) or (5), 233BAB(5) or (6), 233BABAB(1) or 233BABAC(1) ; or

(c) committing an offence against section 72.13 or Division 307 of the Criminal Code ; or

(d) committing an offence against section 308.2 of the Criminal Code where the substance involved in the offence is reasonably suspected of:

(i) having been imported into Australia in contravention of this Act; or

(ii) being intended for export from Australia in contravention of this Act.

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History

S 210(1) amended by No 147 of 2007, s 3 and Sch 1 item 33, effective 24 March 2008.

S 210(1) amended by No 3 of 2007, s 3 and Sch 2 item 20, effective 25 August 2007.

S 210(1) amended by No 8 of 2007, s 3 and Sch 5 item 171, effective 15 March 2007.

S 210(1) amended by No 129 of 2005 and No 23 of 2000.

210(1A) [Assaulting an officer]
An officer of Customs or police may, without warrant, arrest a person if he or she has reasonable ground for believing that the person has committed an offence against section 147.1, 147.2 or 149.1 of the Criminal Code in relation to a Customs Officer.
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S 210(1A) amended by No 8 of 2007, s 3 and Sch 5 item 171, effective 15 March 2007.

S 210(1A) amended by No 64 of 2002.

210(2) [Resisting arrest is an offence]
No person shall resist, obstruct, or prevent the arrest of any person in pursuance of this section.
Penalty: 10 penalty units.

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S 210(2) amended by No 82 of 2002.

SECTION 212 ARRESTED PERSONS TO GO BEFORE JUSTICES
212
Every person arrested may be detained until such time as he or she can without undue delay be taken before a Justice.
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History

S 212 amended by No 8 of 2007, s 3 and Sch 5 item 172, effective 15 March 2007.

SECTION 213 POWERS OF JUSTICES WITH OFFENDERS
213
Any Justice before whom any person is brought under this Act may -

(1) Commit such person to gaol until he or she can be brought before Justices to be dealt with according to law; or

(2) Admit the person to bail upon his or her giving sufficient security for his or her appearance before Justices at the time and place appointed for the hearing of the charge.
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S 213 amended by No 8 of 2007, s 3 and Sch 5 items 173 to 175, effective 15 March 2007.

Heading for Subdiv H inserted by No 85 of 1995.

SECTION 210A USE OF FORCE IN MAKING ARREST

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210A(1) [ Use of necessary and reasonable force]

An officer of Customs or police must not, in the course of arresting a person under section 210, use more force, or subject the person to greater indignity, than is necessary and reasonable to make the arrest or to prevent the escape of the person after the arrest.

210A(2) [ Use of force likely to cause death]

Without limiting the operation of subsection (1), an officer of Customs or police must not, in the course of arresting a person under section 210, do anything that is likely to cause the death of, or grievous bodily harm to, the person unless:

(a) the officer believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the officer); or

(b) if the person is attempting to escape arrest by fleeing:

(i) the officer believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the officer); and

(ii) the person has, if practicable, been called on to surrender and the officer believes on reasonable grounds that the person cannot be apprehended in any other manner.

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