Customs Amendment (Strengthening Border Controls) Act 2008 (74 of 2008)

Schedule 2   Search powers on certain ships and aircraft

Customs Act 1901

10   After subsection 185AA(7)

Insert:

Evidence may be used in prosecutions etc.

(7A) To avoid doubt, if, when exercising powers under this section, an officer or other person who conducts a search under this section obtains evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, then that evidence may be used, or given to another body for use, in:

(a) investigating the offence; or

(b) proceedings for the prosecution for the offence.

However, this subsection does not override or limit the operation of a law of a State about the evidence that may be used in proceedings for an offence against a law of that State.

Note: The following heading to subsection 185AA(7) is inserted "Limit on use of force to conduct search".