Customs Amendment (Enhanced Border Controls and Other Measures) Act 2009 (34 of 2009)

Schedule 16   Right of access for patrols

Customs Act 1901

1   Section 193

Repeal the section, substitute:

193 Officers may enter and remain upon coasts etc.

(1) An officer of Customs may, for the purpose of performing the officer’s duties and functions as an officer, and a person assisting an officer of Customs may, for the purpose of assisting the officer to perform those duties and functions, enter and remain upon any part of the following:

(a) the coast, including but not limited to:

(i) the shores, banks and beaches of the coast; and

(ii) any man-made structure in or on the coast;

(b) a port, bay or harbour, including but not limited to:

(i) the shores, banks and beaches of the port, bay or harbour; and

(ii) any man-made structure in or on the port, bay or harbour;

(c) an airport (including an airport that has not been appointed under section 15) or airstrip;

(d) a lake or river, including but not limited to:

(i) the shores, banks and beaches of the lake or river; and

(ii) any man-made structure in or on the lake or river;

(e) for the purpose of entering and remaining upon a place mentioned in paragraph (a), (b), (c), or (d) - an area of land or water that is adjacent to that place.

For this purpose, reasonable means, including reasonable force, may be used by the officer or the person assisting the officer.

(2) A person commits an offence if:

(a) the person is an owner, occupier or operator of any of the places mentioned in subsection (1); and

(b) the person is present at the place mentioned in subsection (1) at the time the officer, or the person assisting an officer, is exercising, or attempting to exercise, his or her powers under this section; and

(c) the person does not provide the officer, or the person assisting the officer, with all reasonable facilities and assistance, including a means of access to the place, that the person is reasonably capable of providing.

Penalty: 30 penalty units.