Excise Act 1901

PART IX - OFFICERS  

Division 1 - Powers of Officers  

Subdivision D - Powers of arrest  

SECTION 104   POWER TO DETAIN AND SEARCH SUSPECTED PERSONS  

104(1)    

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If any officer or police officer has reasonable cause to suspect that any person is unlawfully carrying or has any goods subject to the CEO ' s control secreted about him:

(a) the officer may detain and search the suspected person;

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(b) before the suspected person is searched he or she may require to be taken before a Justice or the Collector;

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(c) the Justice or Collector may order the suspected person to be searched or may discharge him or her without search.

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History

S 104 amended by No 67 of 2016, s 3 and Sch 1 items 24 - 26, by substituting " the " for " The " in para (a), " before " for " Before " in para (b) and " the " for " The " in para (c), effective 17 November 2016.

S 104(1) amended by No 25 of 2001, s 3 and Sch 2 items 80 and 81, by substituting " officer or police officer " for " officer of Customs or police " and substituting " the CEO ' s control " for " the control of the Customs " , effective 4 May 2001.

104(2)    
A person may be searched under subsection (1) only by a person of the same sex as the first-mentioned person.

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