Customs Act 1901 Act No. 6 of 1901 as amended This compilation was prepared on 24 September 2008 taking into account amendments up to Act No. 85 of 2008 Volume 2 includes: Table of Contents Sections 183UA - 269SL The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Contents Part XII-Officers 1 Division 1-Powers of Officers 1 Subdivision A-Preliminary 1 183UA Definitions 1 183UB Law relating to legal professional privilege not affected 7 183UC CEO may give directions concerning the exercise of powers under this Division 7 183UD Judges who may issue seizure warrants for goods in transit 7 Subdivision B-General regulatory powers 8 184A Request to board a ship 8 184B Power to chase foreign ships for boarding 12 184C Power to chase Australian ships for boarding 14 184D Identifying an aircraft and requesting it to land for boarding 14 185 Power to board and search etc. ships and aircraft 16 185A Boarding of certain ships on the high seas 24 185AA Searches of people on certain ships or aircraft 26 185AAA Retention of relevant items taken possession of under paragraph 185(2)(cb) or subsection 185AA(3C) 30 185AB Returning persons to ships 31 185B Moving or destroying hazardous ships etc. 32 186 General powers of examination of goods subject to Customs control 34 186A Power to make copies of, and take extracts from, documents in certain circumstances 35 186B Compensation for damage caused by copying 36 187 Power to board and search 36 188 Boarding 37 189 Searching 37 189A Officers may carry arms in certain circumstances 37 190 Securing goods 39 191 Seals etc. not to be broken 39 192 Seals etc. on ship or aircraft in port bound to another port within Commonwealth 40 193 Officers may patrol coasts etc. 40 194 Ships on service may be moored in any place 40 195 Power to question passengers etc. 40 195A Power to question persons found in restricted areas 41 196C Power to question persons claiming packages 41 197 Power to stop conveyances about to leave a Customs place 42 Subdivision C-Search warrants in respect of things believed to be evidential material 43 198 When search warrants can be issued 43 199 The things that are authorised by a search warrant 45 200 Use of equipment to examine or process things 47 201 Use of electronic equipment on or in premises 48 201A Person with knowledge of a computer or a computer system to assist access etc. 50 201B Accessing data held on other premises-notification to occupier of that premises 51 202 Compensation for damage to equipment or data 51 202A Copies of seized things to be provided 52 Subdivision D-Seizure of goods believed to be forfeited goods 52 203 When seizure warrants for forfeited goods can be issued 52 203A The things that are authorised by seizure warrants for forfeited goods 54 203B Seizure without warrant of special forfeited goods, or of evidential material relating to special forfeited goods, at a Customs place 56 203C Seizure without warrant of narcotic goods or of evidential material relating to narcotic goods at other places 58 203CA Seizure without warrant of certain goods on ship or aircraft in the Protected Zone 59 203CB Seizure without warrant of certain other goods in the Protected Zone 60 203D How an authorised person is to exercise certain powers 61 Subdivision DA-Seizure of certain goods in transit 61 203DA When seizure warrants for goods in transit can be issued 61 203DB The things that are authorised by seizure warrants for goods in transit 63 Subdivision E-Provisions applicable both to search and seizure warrants 64 203E Conduct of ordinary searches and frisk searches 64 203F Announcement before entry 64 203G Details of warrant to be given to occupier 64 203H Occupier entitled to be present during search or seizure 65 203J Availability of assistance and use of force in executing a warrant 65 203K Specific powers available to executing officers 66 203L Use of animals in executing a warrant 67 203M Warrants by telephone or other electronic means 67 203N Receipts for things seized under warrant 68 203P Offence for making false statements in warrants 68 203Q Offences relating to telephone warrants 69 Subdivision F-Dealing with things seized as evidential material 69 203R Retention of things seized as evidential material 69 203S Magistrate may permit a thing seized as evidential material to be retained 70 Subdivision G-Dealing with goods seized as forfeited goods 71 203SA Subdivision does not apply to seized transit goods 71 203T Seizure of protected objects 71 204 Seized goods to be secured 72 205 Requirement to serve seizure notices 73 205A Matters to be dealt with in seizure notices 73 205B Claim for return of goods seized 74 205C Treatment of goods seized if no claim for return is made 75 205D Treatment of goods seized if a claim for return is made 75 205E Magistrate may permit goods seized to be retained 78 205F Right of compensation in certain circumstances for goods disposed of or destroyed 78 205G Effect of forfeiture 79 206 Immediate disposal of certain goods 79 207 Immediate disposal of narcotic goods 82 208 Release of goods on security 82 208C Service by post 83 208D Disposal of forfeited goods 84 208DA Disposal of narcotic-related goods other than narcotic goods 84 208E Sales subject to conditions 85 209 Power to impound certain forfeited goods and release them on payment of duty and penalty 86 209A Destruction or concealment of evidential material or forfeited goods 88 Subdivision GA-Dealing with goods in transit seized under a section 203DA warrant 88 209B Subdivision applies to seized transit goods 88 209C Seized goods to be secured 89 209D Requirement to serve seizure notices 89 209E Matters to be dealt with in seizure notices 89 209F Application for return of seized goods 90 209G Status of goods seized if no application for return is made 90 209H Right of compensation for certain goods disposed of or destroyed 90 209I Effect of forfeiture 91 209J Immediate disposal of unsafe goods 91 209K Disposal of forfeited goods 93 209L Service by post 93 Subdivision H-Powers of arrest 93 210 Persons suspected of smuggling etc. 93 212 Arrested persons to go before Justices 94 213 Powers of Justices with offenders 94 Subdivision HA-Information about people working in restricted areas or issued with security identification cards 94 213A Providing Customs with information about people working in restricted areas 94 213B Providing Customs with information about people issued with security identification cards 96 Subdivision J-General powers to monitor and audit 97 214AA Occupier of premises 97 214AB What are monitoring powers? 97 214AC Monitoring officers 99 214ACA Monitoring officer to notify occupier of premises of the occupier's rights and obligations 100 214AD Notice of proposal to exercise monitoring powers 100 214AE Exercise of monitoring powers with consent 101 214AF Exercise of monitoring powers under a warrant 102 214AG Warrants may be granted by telephone or other electronic means 103 214AH Monitoring officer may ask questions 104 214AI Monitoring officer may ask for assistance 104 214AJ Compensation for damage to electronic equipment 105 214B Powers of officers for purposes of Customs Tariff (Anti- Dumping) Act 1975 106 Subdivision JA-Powers to monitor and audit-Australia-United States Free Trade Agreement 107 214BAA Simplified outline 107 214BAB Definitions 108 214BAC AUSFTA verification powers 109 214BAD Appointment of verification officers 110 214BAE Verification officers may enter premises and exercise AUSFTA verification powers with consent 111 214BAF US customs officials may accompany verification officers 113 214BAG Availability of assistance in exercising AUSFTA verification powers 113 214BAH Verification officer may ask questions 113 214BAI Verification officer may ask for assistance 114 214BAJ Verification officer may disclose information to US 114 214BAK Operation of electronic equipment at premises 114 214BAL Compensation for damage to electronic equipment 114 Subdivision K-Miscellaneous 115 214BA Nature of functions of magistrate under sections 203S and 205E 115 215 Collector may impound documents 116 217 Translations of foreign invoices 116 218 Customs samples 116 218A Disposal of certain abandoned goods 116 219 General power of Collector 117 Division 1B-Detention and search of suspects 118 Subdivision A-Detention and frisk search of suspects 118 219L Detention for frisk search 118 219M Frisk search 119 219N Power to require the production of things 120 219P Persons to whom section 219R applies 120 Subdivision B-Detention and external search of suspects 120 219Q Detention for external search 120 219R External search 121 219RAA Videotape record may be made of external search 124 219RAB Use of prescribed equipment for external search 124 219RAC Prescribing equipment for use in external searches 125 219RAD Authorising officers to use prescribed equipment for external search 126 219RAE Giving a record of invitation and consent or of order 126 219RAF Records of results of external search 126 Subdivision C-Detention and internal search of persons suspected of internally concealing substances etc. 128 219RA Certain Judges and Magistrates eligible to give orders under this Subdivision 128 219S Initial detention 128 219T Initial order for detention 129 219U Renewal of order for detention 129 219V Arrangement for internal search 130 219W Detention under this Subdivision 132 219X Detainee becoming in need of protection 134 219Y Applications for orders under this Subdivision 134 219Z Internal search 135 Subdivision D-Detention generally 136 219ZA Detention officers 136 219ZB Detention places 136 219ZC Detention under this Division 137 219ZD Detainees not fluent in English 138 219ZE Release from, or cessation of, detention 138 Subdivision E-Medical practitioners 139 219ZF Conduct of internal search 139 219ZG Medical practitioner may take action to preserve detainee's life 139 219ZH Medical practitioner to answer questions and prepare report 140 219ZJ Proceedings against medical practitioners 141 Division 1BA-Detention and search of persons for purposes of law enforcement co-operation 142 Subdivision A-Preliminary 142 219ZJA Definitions 142 219ZJAAPrescribed State or Territory offences 142 Subdivision B-Powers to detain 143 219ZJB Detention of person suspected of committing serious Commonwealth offence or prescribed State or Territory offence 143 219ZJC Detention of person subject to warrant or bail condition 144 Subdivision C-Matters affecting detention generally 145 219ZJD Search of person detained under this Division 145 219ZJE CEO must give directions about detaining persons under this Division 146 219ZJF Detainees to be given reasons for detention and shown identification on request 146 219ZJG Use of force in relation to detention 146 219ZJH Moving detained persons 147 219ZJI Detainees not fluent in English 147 219ZJJ Detention of minors 147 Division 1C-Judges and Magistrates 149 219ZK Nature of functions of Judge or Magistrate 149 219ZL Protection of Judge or Magistrate 149 Division 2-Protection to officers 150 220 Reasonable cause for seizure a bar to action 150 221 Notice of action to be given 150 222 Defect in notice not to invalidate 150 223 No evidence to be produced but that contained in notice 151 224 Officer may tender amends 151 225 Commencement of proceedings against officers 151 226 Time for commencing action 151 227 Security may be required 152 Division 3-Evidence 153 227AA Evidence may be used in prosecutions etc. 153 Part XIIA-Special provisions relating to prohibited weapons 154 227A Overview of Part 154 227B Definitions 154 227C Ships and aircraft to which this Part applies 154 227D Weapons to which this Part applies 155 227E Approved storage for prohibited weapons 156 227F Officer may take custody of weapons 157 227G Compensation for damage etc. to weapons 158 Part XIII-Penal Provisions 159 Division 1-Forfeitures 159 228 Forfeited ships and aircraft 159 228A Forfeited resources installations 159 228B Forfeited sea installations 159 229 Forfeited goods 160 229A Proceeds of drug trafficking liable to forfeiture 161 230 Forfeited packages and goods 164 Division 2-Penalties 165 231 Assembly for unlawful purposes 165 232A Rescuing goods and assaulting officers 165 233 Smuggling and unlawful importation and exportation 166 233A Master not to use or allow use of ship for smuggling etc. 167 233AB Penalties for offences against sections 233 and 233A 167 233BAA Special offence relating to tier 1 goods 168 233BAB Special offence relating to tier 2 goods 170 233BABAAUN-sanctioned goods 173 233BABABSpecial offences for importation of UN-sanctioned goods 174 233BABACSpecial offences for exportation of UN-sanctioned goods 176 233BABAProtection from criminal responsibility 178 233BAC Evidence relating to approval for import or export 179 233BA Evidence of Analyst 179 233C Offence for giving false or misleading information in relation to UN-sanctioned goods 181 234 Customs offences 182 234AA Places set aside for purposes of Act 184 234A Unauthorised entry to places and on ships, aircraft or wharves 185 234AB Unauthorised use of cameras and sound recorders 187 234ABA Officers may direct unauthorised persons to leave restricted areas 188 236 Aiders and abettors 189 237 Attempts 189 239 Penalties in addition to forfeitures 189 240 Commercial documents to be kept 189 240AA Authorised officer may require person to produce commercial documents 193 240AB Verifying communications to Customs 193 240AC Authorised officer may require person to produce record 195 Division 3-Recovery of pecuniary penalties for dealings in narcotic goods 196 243A Interpretation 196 243AB Effective control of property 199 243B Pecuniary penalties 199 243C Assessment of pecuniary penalty 201 243CA Court may lift corporate veil etc. 203 243D Presumption of illegality of importation 204 243E Court may make restraining order against property 205 243F Court may make further orders 208 243G Official Trustee to discharge pecuniary penalty 211 243H Revocation of order under section 243E 215 243J Pecuniary penalty a charge on property 216 243K Contravention of restraining orders 217 243L Sale of property before bankruptcy 218 243M Duties of the Official Trustee after receiving notice of presentation of creditor's petition etc. 218 243N Protection of Official Trustee from personal liability in certain cases 219 243NA Indemnification of Official Trustee 220 243NB Indemnification of Official Receivers etc. 221 243P Costs etc. payable to Official Trustee 221 243Q Notices 222 243R Reduction of pecuniary penalty 222 243S Jurisdiction of the Court 223 Division 4-Provisions relating to certain strict liability offences 224 243SA Failure to answer questions 224 243SB Failure to produce documents or records 224 243SC Preservation of the privilege against self-incrimination 225 243T False or misleading statements resulting in loss of duty 225 243U False or misleading statements not resulting in loss of duty 228 243V False or misleading statements in cargo reports or outturn reports 230 243W Electronic communications to Customs to be treated as statements to CEO 231 Division 5-Penalties in lieu of prosecution for certain offences 232 243X Application of Division 232 243XA Guidelines for serving infringement notices 232 243Y When an infringement notice can be served 232 243Z Matters to be included in an infringement notice 233 243ZA Withdrawal of infringement notice 234 243ZB What happens if unpaid duty or unrepaid refund or drawback and penalty are paid 235 243ZC More than one infringement notice may not be served for the same offence 236 243ZD Infringement notice not required to be served 236 243ZE CEO may extend period for payment of penalty 236 Part XIV-Customs prosecutions 237 244 Meaning of Customs prosecution 237 245 Institution of prosecutions 237 247 Prosecutions in accordance with practice rules 237 248 State Court practice 238 249 Commencement of prosecutions 238 250 Information to be valid if in words of Act 238 250A Property in goods subject to control of Customs 238 251 No objection for informality 239 252 Conviction not to be quashed 239 253 Protection to witnesses 239 254 Defendant competent witness 239 255 Averment of prosecutor sufficient 240 256 Proof of proclamation etc. 240 257 Conduct by directors, servants or agents 240 259 Collector may levy on goods in his or her possession 242 261 Imprisonment not to release penalty 242 263 Parties may recover costs 242 264 Application of penalties 242 Part XV-Tenders for rights to enter goods for home consumption at concessional rates 243 265 Interpretation 243 266 Tender schemes 243 267 Undertakings relating to tenders 244 268 Transfers of rights to enter goods for home consumption at concessional rates of duty 245 269 Revocation or variation of undertaking 247 269A Recovery of penalties 247 Part XVA-Tariff concession orders 248 Division 1-Preliminary 248 269B Interpretation 248 269C Interpretation-core criteria 250 269D Interpretation-goods produced in Australia 250 269E Interpretation-the ordinary course of business 251 Division 2-Making and processing TCO applications 253 269F Making a TCO application 253 269FA The applicant's obligation 254 269G Withdrawing a TCO application 254 269H Screening the application 255 269HA CEO may reject a TCO application in relation to goods referred to in section 269SJ 255 269J Applications taken to be lodged in certain circumstances 256 269K Processing a valid application 256 269L Amendment of TCO applications 257 269M Customs may invite submissions or seek other information, documents or material 259 269N Reprocessing of TCO applications 260 Division 3-Making and operation of TCOs 262 269P The making of a standard TCO 262 269Q The making of a TCO for goods requiring repair 263 269R Notification of TCO decisions 264 269S Operation of TCOs 264 269SA Consequence of commencement or cessation of production before TCO decision 264 Division 4-Revocation of TCOs 266 269SB Request for revocation of TCOs 266 269SC Processing requests for revocation of TCOs 266 269SD Revocation at the initiative of Customs 268 269SE Notification of revocation decisions 270 269SF Customs may seek information, documents or material relating to revocation 270 269SG Effect of revocation on goods in transit and capital equipment on order 271 Division 5-Miscellaneous 273 269SH Internal review 273 269SHA Administrative Appeals Tribunal Review of reconsideration decisions 275 269SJ TCOs not to apply to goods described by reference to their end use or certain goods 277 269SK TCOs not to contravene international agreements 277 269SL TCOs not to be statutory rules 278 Part XII-Officers Division 1-Powers of Officers Subdivision A-Preliminary 183UA Definitions (1) In this Division, unless the contrary intention appears: authorised person means: (a) in relation to an application for, or for the execution of, a search warrant-an officer of Customs; and (b) in relation to an application for, or for the execution of, a seizure warrant in respect of goods referred to in paragraph (a) of the definition of forfeited goods: (i) an officer of Customs; or (ii) an officer of police; or (iii) a member of the Defence Force; and (c) in relation to an application for, or for the execution of, a seizure warrant in respect of goods referred to in paragraph (c) of the definition of forfeited goods-an officer of Customs; and (d) in relation to the exercise of powers under section 203B or 203C: (i) an officer of Customs; or (ii) an officer of police; or (iii) a member of the Defence Force; and (f) in relation to the exercise of powers under section 203CA or 203CB-an officer as defined by subsection 185(5); and (e) in relation to an application for, or the execution of, a seizure warrant under section 203DA-an officer of Customs. baggage means goods: (a) that are carried by or for a traveller, including the captain and crew members, on board the same ship or aircraft as the traveller; or (b) that a traveller intended to be so carried. container includes: (a) a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another; and (b) any baggage; and (c) any other thing that is or could be used for the carriage of goods, whether or not designed for that purpose. conveyance means an aircraft, railway rolling stock, vehicle or vessel of any kind. Customs place means: (aa) a place owned or occupied by Customs; or (a) a port, airport or wharf that is appointed, and the limits of which are fixed, under section 15; or (b) a place that is the subject of a permission under subsection 58(2); or (c) a boarding station that is appointed under section 15; or (d) a place described in a depot licence that is granted under section 77G; or (e) a place described in a licence for warehousing goods that is granted under subsection 79(1); or (f) a place that is approved, in writing, by the CEO as a place for the examination of international mail; or (g) a place from which a ship or aircraft that is the subject of a permission under section 175 is required to depart, between the grant of that permission and the departure of the ship or aircraft; or (h) a place to which a ship or aircraft that is the subject of a permission under section 175 is required to return, while that ship or aircraft remains at that place; or (i) a section 234AA place that is not a place, or a part of a place, referred to in paragraph (aa), (a), (b), (c), (d), (g) or (h). Note: Subsection (2) provides for parliamentary disallowance of an instrument approving a place under paragraph (f) of the definition. data held in a computer includes: (a) data held in any removable data storage device for the time being held in a computer; or (b) data held in a data storage device on a computer network of which the computer forms a part. data storage device means a thing containing, or designed to contain, data for use by a computer. designated container means a container referred to in paragraph (c) of the definition of container. evidential material, in relation to an offence, whether the offence is indictable or summary, means a thing relevant to the offence, including such a thing in electronic form. executing officer, in relation to a search warrant or to a seizure warrant, means: (a) an authorised person named in the warrant by the judicial officer issuing it as being responsible for executing the warrant; or (b) if that authorised person does not intend to be present at the execution of the warrant-any authorised person whose name has been written in the warrant by the authorised person so named; or (c) another authorised person whose name has been written in the warrant by the authorised person last named in the warrant. forfeited goods means goods described as forfeited to the Crown under: (a) section 228, 228A, 228B, 229, 229A or 230 of this Act; or (c) section 7, 10, 11 or 13 of the Commerce (Trade Descriptions) Act 1905. judicial officer means: (a) in relation to a search warrant, or to a seizure warrant under section 203: (i) a magistrate; or (ii) a justice of the peace or other person employed in a court of a State or Territory who is authorised to issue search warrants; or (b) in relation to a seizure warrant under section 203DA: (i) a Judge of the Federal Court of Australia or of the Supreme Court of the Australian Capital Territory in relation to whom a consent under subsection 183UD(1), and a nomination under subsection 183UD(2), are in force; or (ii) a Judge of the Supreme Court of a State in respect of whom an appropriate arrangement in force under section 11 is applicable; or (iii) a Judge of the Supreme Court of the Northern Territory who is not a Judge referred to in subparagraph (i) and in respect of whom an appropriate arrangement in force under section 11 is applicable. magistrate means a magistrate who is remunerated by salary or otherwise. occupier, in relation to premises that are a conveyance or a container, means the person having charge of the conveyance or container. offence means: (a) an offence against this Act; or (b) an offence against the Commerce (Trade Descriptions) Act 1905; or (c) an offence against section 72.13 or Division 307 of the Criminal Code. ordinary search means a search of a person or of articles in the possession of a person that may include: (a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes or hat; and (b) an examination of those items. person assisting, in relation to a search warrant or to a seizure warrant, means: (a) a person who is an authorised person and who is assisting in the execution of the warrant; or (b) a person who is not an authorised person and who has been authorised by the CEO or by a Regional Director for a State or Territory to assist in executing the warrant. premises includes a place, a conveyance or a container. search warrant means a warrant issued under section 198. seizure notice means: (a) in relation to Subdivision G-a notice of the kind mentioned in section 205A; and (b) in relation to Subdivision GA-a notice of the kind mentioned in section 209E. seizure warrant means a warrant issued under section 203 or 203DA. special forfeited goods means forfeited goods that are referred to in paragraph 229(1)(b) or (n). terrorist act means an action or threat of action where: (a) the action falls within subsection (4) and does not fall within subsection (4A); and (b) the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and (c) the action is done or the threat is made with the intention of: (i) coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or (ii) intimidating the public or a section of the public. It is immaterial whether the action or threat, or any part of the action or threat or anyone or anything affected by the action or threat is within or outside Australia. warrant premises means premises in relation to which a search warrant or a seizure warrant is in force. (2) An instrument of approval of a place as a place for the examination of international mail is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (2AA) For the purposes of this Part, an offence against section 6 of the Crimes Act 1914 that relates to an offence against section 72.13 of the Criminal Code is taken to be an offence against section 72.13 of the Criminal Code. (2A) For the purposes of this Part, an offence against section 6 of the Crimes Act 1914 that relates to an offence against Division 307 of the Criminal Code is taken to be an offence against that Division. (3) For the purposes of this Part: (a) an offence against section 141.1, 142.1, 142.2 or 149.1 of the Criminal Code that relates to this Act is taken to be an offence against this Act; and (aa) an offence against section 141.1, 142.1, 142.2 or 149.1 of the Criminal Code that relates to section 72.13 of the Criminal Code is taken to be an offence against section 72.13 of the Criminal Code; and (b) an offence against section 141.1, 142.1, 142.2 or 149.1 of the Criminal Code that relates to Division 307 of the Criminal Code is taken to be an offence against that Division. (4) For the purposes of the definition of terrorist act in subsection (1), action falls within this subsection if it: (a) causes serious harm that is physical harm to a person; or (b) causes serious damage to property; or (ba) causes a person's death; or (c) endangers a person's life, other than the life of the person taking the action; or (d) creates a serious risk to the health or safety of the public or a section of the public; or (e) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to: (i) an information system; or (ii) a telecommunications system; or (iii) a financial system; or (iv) a system used for the delivery of essential government services; or (v) a system used for, or by, an essential public utility; or (vi) a system used for, or by, a transport system. (4A) For the purposes of the definition of terrorist act in subsection (1), action falls within this subsection if it: (a) is advocacy, protest, dissent or industrial action; and (b) is not intended: (i) to cause serious harm that is physical harm to a person; or (ii) to cause a person's death; or (iii) to endanger the life of a person, other than the person taking the action; or (iv) to create a serious risk to the health or safety of the public or a section of the public. (5) In subsections (4) and (4A): (a) a reference to any person or property is a reference to any person or property wherever situated, within or outside Australia; and (b) a reference to the public includes a reference to the public of a country other than Australia. 183UB Law relating to legal professional privilege not affected This Division does not affect the law relating to legal professional privilege. 183UC CEO may give directions concerning the exercise of powers under this Division (1) Without limiting the generality of the power conferred on the CEO under subsection 4(4) of the Customs Administration Act 1985, the CEO may give directions in writing under that subsection concerning: (a) the circumstances in which the powers in this Division may be exercised; and (b) the officers of Customs who are entitled to exercise those powers; and (c) the manner and frequency of reporting to the CEO concerning the exercise of those powers. (2) A direction given for the purposes of subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. 183UD Judges who may issue seizure warrants for goods in transit (1) A Judge of the Federal Court of Australia or of the Supreme Court of the Australian Capital Territory may, by writing, consent to be nominated by the Minister under subsection (2). (2) The Minister may, by writing, nominate a Judge of a court referred to in subsection (1) in relation to whom a consent is in force under that subsection to be a judicial officer for the purposes of paragraph (b) of the definition of judicial officer in subsection 183UA(1). Subdivision B-General regulatory powers 184A Request to board a ship General power to request to board (1) In the circumstances described in subsection (2), (3), (4), (5), (6), (7), (8) or (9), the commander of a Commonwealth ship or Commonwealth aircraft may request the master of a ship to permit the commander, a member of the commander's crew or an officer to board the master's ship. Note: Sections 185 and 185A give power to board the master's ship if a request is made under this section. Foreign ships in Australian waters (2) The commander may make the request if: (a) the master's ship is a foreign ship; and (b) the master's ship is on the landward side of the outer edge of Australia's territorial sea; and (c) either: (i) the commander makes the request for the purposes of this Act or an Act prescribed by the regulations consistently with UNCLOS, or for the purposes of determining whether a contravention, or an attempted contravention, in Australia of section 72.13 or Division 307 of the Criminal Code is occurring; or (ii) the commander reasonably suspects that the master's ship is, will be or has been involved in a contravention, or an attempted contravention, in Australia of section 72.13 or Division 307 of the Criminal Code. Australian ships outside territorial seas of other countries (3) The commander may make the request if: (a) the master's ship is an Australian ship; and (b) the master's ship is outside the territorial sea of any foreign country. The commander must not make the request under this subsection if it may be made under subsection (9). Foreign ships in contiguous zone or near installations (4) The commander may make the request if: (a) the master's ship is a foreign ship; and (b) the master's ship is either: (i) in the contiguous zone of Australia; or (ii) within 500 metres of an Australian resources installation or Australian sea installation; and (c) the commander: (i) wishes to establish the identity of the master's ship; or (ii) reasonably suspects that the master's ship is, will be or has been involved in a contravention, or an attempted contravention, in Australia of this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations consistently with UNCLOS. Mother ships on high seas supporting contraventions in Australia (5) The commander may make the request if: (a) the master's ship is a foreign ship; and (b) the master's ship is: (i) outside the outer edge of the contiguous zone of Australia; and (ii) not within 500 metres of an Australian resources installation or Australian sea installation; and (iii) outside the territorial sea of a foreign country; and (c) the commander reasonably suspects that the master's ship is being or was used in direct support of, or in preparation for, a contravention in Australia of this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations consistently with UNCLOS, where the contravention involves another ship (whether a foreign ship or an Australian ship); and (d) the request is made as soon as practicable after the contravention happens. Suspicious foreign ships in EEZ (6) The commander may make the request if: (a) the master's ship is a foreign ship; and (b) the master's ship is in the exclusive economic zone of Australia; and (c) the commander reasonably suspects that the master's ship is, will be or has been involved in a contravention, or an attempted contravention, in Australia's exclusive economic zone of an Act prescribed by the regulations consistently with UNCLOS. Mother ships on high seas supporting contraventions in EEZ (7) The commander may make the request if: (a) the master's ship is a foreign ship; and (b) the master's ship is: (i) outside the outer edge of the exclusive economic zone of Australia; and (ii) not within 500 metres of an Australian resources installation or Australian sea installation; and (iii) outside the territorial sea of a foreign country; and (c) the commander reasonably suspects that the master's ship is being or was used in direct support of, or in preparation for, a contravention in Australia's exclusive economic zone of an Act prescribed by the regulations consistently with UNCLOS, where the contravention involves another ship (whether a foreign ship or an Australian ship); and (d) the request is made as soon as practicable after the contravention happens. Foreign ships on high seas and covered by an agreement etc. (8) The commander may make the request if: (a) the master's ship is: (i) outside the outer edge of the contiguous zone of Australia; and (ii) outside the territorial sea of a foreign country; and (b) the commander reasonably suspects that the master's ship is a foreign ship that is entitled to fly the flag of a country; and (c) Australia has an agreement or arrangement with that country which enables the exercise of Australian jurisdiction over ships of that country. The commander must not make the request under this subsection if it may be made under subsection (5), (6) or (7). Ships without nationality on high seas (9) The commander may make the request if: (a) the master's ship is: (i) outside the outer edge of the contiguous zone of Australia; and (ii) outside the territorial sea of a foreign country; and (b) any of the following applies: (i) the master's ship is not flying a flag of a country; (ii) the master's ship is flying a flag of a country and the commander reasonably suspects that the master's ship is not entitled to fly that flag; (iii) the commander reasonably suspects that the master's ship is not entitled to fly the flag of a country or has been flying the flag of more than one country; and (c) the Commander wishes to establish the identity of the master's ship. The commander must not make the request under this subsection if it may be made under subsection (5), (6), (7) or (8). Means of making request (10) The commander of a Commonwealth ship or Commonwealth aircraft may use any reasonable means to make a request under this section. Request still made even if no master on the ship etc. (11) To avoid doubt, a request is still made under this section even if: (a) there was no master on board the ship to receive the request; or (b) the master did not receive or understand the request. Master must comply with request (12) The master of a ship must comply with a request made under this section (other than subsection (9)). Penalty: Imprisonment for 2 years. Note: The master's ship can still be boarded under section 185 or 185A even though the master has not complied with a request to board under this section. (13) Subsection (12) does not apply if the master has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (13) (see subsection 13.3(3) of the Criminal Code). (14) In this section: commander, in relation to a Commonwealth ship or Commonwealth aircraft, includes a reference to the following: (a) a commissioned officer of the Australian Defence Force; (b) the most senior officer of Customs on board the ship or aircraft. commissioned officer of the Australian Defence Force means an officer within the meaning of the Defence Act 1903. member of the commander's crew includes, in relation to a commander of a Commonwealth ship or Commonwealth aircraft who is a commissioned officer of the Australian Defence Force, a person acting under the command of the commissioned officer. 184B Power to chase foreign ships for boarding Generally, foreign ships may be chased if request to board is made (1) To enable the boarding of a foreign ship whose master has not complied with a request to board under section 184A (other than subsection 184A(9)), the commander of a Commonwealth ship or Commonwealth aircraft may use it to chase, or continue the chase of, the master's ship to any place outside the territorial sea of a foreign country. Note: Subsection 184A(9) is about requests to board ships without nationality that are on the high seas. Section 185A allows those ships to be boarded, even though the master of the ship has not complied with the request to board. Using different Commonwealth ships or aircraft to continue chase (2) To avoid doubt, a Commonwealth ship or Commonwealth aircraft may be used in the chase even if its commander did not make the request under section 184A. When foreign ships may be chased without a request being made (3) The commander of a Commonwealth ship or Commonwealth aircraft may use it to chase, or continue the chase of, a foreign ship to a place outside the territorial sea of a foreign country to enable the boarding of the foreign ship if, immediately before the start of the chase, the commander could have made a request to board the foreign ship under subsection 184A(5) or (7). Chase may continue even if the foreign ship is out of sight (4) A chase under this section may continue even if the crew of all of the Commonwealth ships and Commonwealth aircraft involved in the chase lose sight of the chased ship or lose trace of it from radar or other sensing devices. Chase may not continue after interruption (5) The commander of a Commonwealth ship or Commonwealth aircraft must not use it to chase, or continue the chase of, a foreign ship under this section if the chase is interrupted (within the meaning of Article 111 of UNCLOS) at a place outside the outer edge of the contiguous zone. This subsection has effect despite subsections (1), (3) and (4). Means that may be used to enable boarding of the foreign ship (6) Anywhere outside the territorial sea of a foreign country, the commander of a Commonwealth ship or Commonwealth aircraft chasing a ship under this section may use any reasonable means consistent with international law to enable boarding of the chased ship, including: (a) using necessary and reasonable force; and (b) where necessary and after firing a gun as a signal, firing at or into the chased ship to disable it or compel it to be brought to for boarding. 184C Power to chase Australian ships for boarding Australian ships may be chased (1) To enable the boarding of an Australian ship, the commander of a Commonwealth ship or Commonwealth aircraft may use it to chase, or continue the chase of, the Australian ship to any place outside the territorial sea of a foreign country. Chase may continue even if the Australian ship is out of sight (2) A chase under this section may continue even if the crew of all of the Commonwealth ships and Commonwealth aircraft involved in the chase lose sight of the chased ship or lose trace of it from radar or other sensing devices. Means that may be used to enable boarding of the Australian ship (3) Anywhere outside the territorial sea of a foreign country, the commander of a Commonwealth ship or Commonwealth aircraft chasing a ship under this section may use any reasonable means to enable boarding of the chased ship, including: (a) using necessary and reasonable force; and (b) where necessary and after firing a gun as a signal, firing at or into the chased ship to disable it or compel it to be brought to for boarding. 184D Identifying an aircraft and requesting it to land for boarding Application of section (1) This section allows the commander of a Commonwealth aircraft to make requests of the pilot of another aircraft that: (a) if the other aircraft is an Australian aircraft-is over anywhere except a foreign country; and (b) if the other aircraft is not an Australian aircraft-is over Australia. Requesting information to identify an aircraft (2) If the commander cannot identify the other aircraft, the commander may: (a) use his or her aircraft to intercept the other aircraft in accordance with the practices recommended in Annex 2 (headed "Rules of the Air") to the Convention on International Civil Aviation done at Chicago on 7 December 1944 (that was adopted in accordance with that Convention); and (b) request the pilot of the other aircraft to disclose to the commander: (i) the identity of the other aircraft; and (ii) the identity of all persons on the other aircraft; and (iii) the flight path of the other aircraft; and (iv) the flight plan of the other aircraft. Requesting aircraft to land for boarding (3) The commander may request the pilot of the other aircraft to land it at the nearest airport, or at the nearest suitable landing field, in Australia for boarding for the purposes of this Act if: (a) the pilot does not comply with a request under subsection (2); or (b) the commander reasonably suspects that the other aircraft is or has been involved in a contravention, or attempted contravention, of this Act or section 72.13 or Division 307 of the Criminal Code. Note: Section 185 gives power to board the aircraft and search it once it has landed. Means of making request (4) Any reasonable means may be used to make a request under this section. Request still made even if pilot did not receive etc. request (5) To avoid doubt, a request is still made under this section even if the pilot did not receive or understand the request. Pilot must comply with request (6) The pilot of the other aircraft must comply with a request made under this section. Penalty: Imprisonment for 2 years. (6A) Subsection (6) does not apply if the pilot of the other aircraft has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (6A) (see subsection 13.3(3) of the Criminal Code). Definition (7) In this section, Australian aircraft means an aircraft that: (a) is an Australian aircraft as defined in the Civil Aviation Act 1988; or (b) is not registered under the law of a foreign country and is either wholly owned by, or solely operated by: (i) one or more residents of Australia; or (ii) one or more Australian nationals; or (iii) one or more residents of Australia and one or more Australian nationals. For the purposes of this definition, Australian national and resident of Australia have the same meanings as in the Shipping Registration Act 1981. 185 Power to board and search etc. ships and aircraft Application of section to ships (1) This section applies to a ship that is outside the territorial sea of a foreign country if: (a) a request to board the ship has been made under section 184A; or (b) the ship is a foreign ship described in subsection 184B(3) (which allows foreign ships on the high seas to be chased); or (c) the ship is an Australian ship. However, this section does not apply to a ship if a request to board the ship has been made under subsection 184A(8) or (9) (certain ships on the high seas), unless an officer is satisfied under subsection 185A(3) that the ship is an Australian ship. Note: Section 185A deals with the boarding of ships where a request has been made under subsection 184A(8) or (9). Application to aircraft (1A) This section applies to an aircraft that has landed in Australia for boarding as a result of a request made under section 184D. Officer's powers (2) An officer may: (a) board and search the ship or aircraft; and (b) search and examine any goods found on the ship or aircraft; and (ba) secure any goods found on the ship or aircraft; and (c) require all persons found on the ship or aircraft to answer questions, and produce any documents in their possession, in relation to the following: (i) the ship or aircraft, its voyage or flight and its cargo, stores, crew and passengers; (ii) the identity and presence of those persons on the ship or aircraft; (iii) a contravention, an attempted contravention or an involvement in a contravention or attempted contravention, either in or outside Australia, of this Act or section 72.13 or Division 307 of the Criminal Code; and (ca) copy, or take extracts from, any document: (i) found on the ship or aircraft; or (ii) produced by a person found on the ship or aircraft as required under paragraph (c); and (cb) take possession of any goods (other than narcotic goods) found on the ship or aircraft, and any documents produced under paragraph (c) by a person found on the ship or aircraft, if the officer has reasonable grounds to believe that the goods or documents may afford evidence of the commission of a relevant offence; and (d) arrest without warrant any person found on the ship or aircraft if: (i) in the case of a person found on a ship that is in Australia- the officer reasonably suspects that the person has committed, is committing or attempting to commit, or is involved in the commission of, an offence, either in or outside Australia, against this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations consistently with UNCLOS; or (ii) in the case of a person found on a ship that is outside Australia-the officer reasonably suspects that the person has committed, is committing or attempting to commit, or is involved in the commission of: (A) an offence in Australia against this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations consistently with UNCLOS; or (B) an offence in Australia's exclusive economic zone against an Act prescribed by the regulations consistently with UNCLOS; or (iii) in the case of a person found on an aircraft that is in Australia-the officer reasonably suspects that the person has committed, is committing or attempting to commit, or is involved in the commission of, an offence, either in or outside Australia, against this Act or section 72.13 or Division 307 of the Criminal Code; and (e) seize without warrant any narcotic goods found on the ship or aircraft. Note: Section 185AA gives power to search a person found on a ship or aircraft that has been boarded under paragraph 185(2)(a). (2A) Any exercise of the power of arrest referred to in subsection (2) in the contiguous zone in relation to Australia is subject to the obligations of Australia under international law, including obligations under any treaty, convention or other agreement or arrangement between Australia and another country or other countries. Help to search (2B) Without limiting the generality of paragraph (2)(a), an officer may use a dog to assist in searching the ship or aircraft. Help to examine goods (2C) In the exercise of the power under paragraph (2)(b) to examine goods, the officer may do, or arrange for another officer or other person having the necessary experience to do, whatever is reasonably necessary to permit the examination of the goods. Examples of examining goods (2D) Without limiting the generality of subsection (2C), examples of what may be done in the examination of goods include the following: (a) opening any package in which goods are or may be contained; (b) using a device, such as an X-ray machine or ion scanning equipment, on the goods; (c) testing or analysing the goods; (d) measuring or counting the goods; (e) if the goods are a document-reading the document either directly or with the use of an electronic device; (f) using a dog to assist in examining the goods. Power to detain and move ship or aircraft (3) An officer may detain the ship or aircraft and bring it, or cause it to be brought, to a port or airport, or to another place (including, in relation to a ship, a place within the territorial sea or the contiguous zone in relation to Australia), that he or she considers appropriate if: (a) in the case of a ship that is in Australia-the officer reasonably suspects that the ship is or has been involved in a contravention, either in or outside Australia, of this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed consistently with UNCLOS; and (b) in the case of an Australian ship that is outside Australia-the officer reasonably suspects that the ship is, will be or has been involved in a contravention, either in or outside Australia, of this Act or any other Act; and (c) in the case of a foreign ship that is outside Australia-the officer reasonably suspects that the ship is, will be or has been involved in a contravention: (i) in Australia of this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed consistently with UNCLOS; or (ii) in Australia's exclusive economic zone of an Act prescribed consistently with UNCLOS; and (d) in the case of an aircraft that is in Australia-the officer reasonably suspects that the aircraft is or has been involved in a contravention, either in or outside Australia, of this Act or section 72.13 or Division 307 of the Criminal Code. However, a ship need not be brought to a port or other place if the CEO makes a direction in relation to the ship under section 185B. Moving ship on the high seas (3AAAA) To avoid doubt, subsection (3) allows an officer to bring a ship, or cause it to be brought, to a place even if it is necessary for the ship to travel on the high seas to reach the place. People on detained ships or aircraft (3AAA) If an officer detains a ship or aircraft under this section, any restraint on the liberty of any person found on the ship or aircraft that results from the detention of the ship or aircraft is not unlawful, and proceedings, whether civil or criminal, in respect of that restraint may not be instituted or continued in any court against the Commonwealth, the officer or any person assisting the officer in detaining the ship or aircraft. Jurisdiction of High Court (3AAB) Nothing in subsection (3AAA) is intended to affect the jurisdiction of the High Court under section 75 of the Constitution. Powers of officers in respect of people found on detained ships or aircraft (3A) If an officer detains a ship or aircraft under this section, the officer may: (a) detain any person found on the ship or aircraft and bring the person, or cause the person to be brought, to the migration zone (within the meaning of the Migration Act 1958); or (b) take the person, or cause the person to be taken, to a place outside Australia. The definition of place outside Australia in subsection 4(1) does not apply for the purposes of paragraph (b). Powers to move people (3AA) For the purpose of moving a person under subsection (3A), an officer may, within or outside Australia: (a) place the person on a ship or aircraft; or (b) restrain the person on a ship or aircraft; or (c) remove the person from a ship or aircraft. Note: Section 185AA gives power to search a person placed on a ship or aircraft under subsection 185(3AA). Protection if officers etc. act in good faith (3AB) Proceedings, whether civil or criminal, may not be instituted or continued, in respect of any action taken under subsection (3AA), against the Commonwealth, an officer or any person assisting an officer if the officer or person who took the action acted in good faith and used no more force than was authorised by subsection (3B). Use of necessary and reasonable force (3B) An officer may use such force as is necessary and reasonable in the exercise of a power under this section. Limit on use of force to board and search ships or aircraft (3C) In boarding and searching the ship or aircraft and searching or examining goods found on the ship or aircraft, an officer must not damage the ship, aircraft or goods by forcing open a part of the ship, aircraft or goods unless: (a) the person (if any) apparently in charge of the ship or aircraft has been given a reasonable opportunity to open that part or the goods; or (b) it is not reasonably practicable to give that person such an opportunity. This subsection has effect despite paragraphs (2)(a) and (b) and subsection (3B). Limit on use of force to arrest or detain person on ships or aircraft (3D) In arresting or detaining a person found on the ship or aircraft, an officer: (a) must not use more force, or subject the person to greater indignity, than is necessary and reasonable to make the arrest or detention or to prevent the person escaping after the arrest or detention; and (b) must not do anything likely to cause the person grievous bodily harm unless the officer believes on reasonable grounds that doing the thing is necessary to protect life or prevent serious injury of another person (including the officer). This subsection has effect despite paragraph (2)(d) and subsection (3B). Limit on use of force to arrest fleeing person (3E) In arresting a person found on the ship or aircraft who is fleeing to escape arrest, an officer must not do anything likely to cause the person grievous bodily harm unless: (a) 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 way; or (b) the officer believes on reasonable grounds that doing the thing is necessary to protect life or prevent serious injury of another person (including the officer). This subsection applies in addition to subsection (3D) and has effect despite paragraph (2)(d) and subsection (3B). If ship covered by agreement, officer may exercise other powers (3F) If: (a) an officer is satisfied that the ship is a foreign ship that is entitled to fly the flag of a country; and (b) Australia has an agreement or arrangement with that country which enables the exercise of Australian jurisdiction over ships of that country; then the officer may exercise any powers prescribed by the regulations consistently with the agreement or arrangement in relation to the ship or persons found on the ship. Complying with requirement by officer (4) A person shall not refuse or fail to comply with a requirement made by an officer under this section. Penalty: 100 penalty units. Reasonable excuse for non-compliance (4AA) Subsection (4) does not apply if the person has a reasonable excuse. Evidence may be used in prosecutions etc. (4A) To avoid doubt, if, when exercising powers under this section, an officer 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 the prosecution for an offence against a law of that State. Definition of officer (5) In this section, officer means an officer within the meaning of subsection 4(1), and includes: (a) any person who is in command, or a member of the crew, of: (i) the ship or aircraft from which the relevant request under section 184A or 184D was made; or (ii) a ship or aircraft that was used under section 184B or 184C to chase the ship in relation to which this section applies; and (b) a police officer or a member of the Australian Defence Force. Interpretation (6) In this section: (a) a reference to a person found on the ship or aircraft includes a reference to a person suspected on reasonable grounds by an officer of having landed from or left the ship or aircraft; and (b) a reference to goods found on the ship or aircraft includes a reference to goods suspected on reasonable grounds by an officer of having been removed from the ship or aircraft. (7) For the purposes of paragraph (2)(cb), goods found on a ship or aircraft, or documents produced by a person found on a ship or aircraft, may afford evidence of the commission of a relevant offence only if: (a) in a case where the ship is in Australia-the goods or documents may afford evidence of the commission of an offence, either in or outside Australia, against this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations; or (b) in a case where the ship is outside Australia-the goods or documents may afford evidence of the commission of an offence: (i) in Australia against this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations; or (ii) in Australia's exclusive economic zone against an Act prescribed by the regulations; or (c) in a case where the aircraft is in Australia-the goods or documents may afford evidence of the commission of an offence, either in or outside Australia, against this Act or section 72.13 or Division 307 of the Criminal Code. 185A Boarding of certain ships on the high seas Application of section (1) This section applies to a ship if: (a) a request has been made under: (i) subsection 184A(8) (request to board a ship of a country with which Australia has an agreement); or (ii) subsection 184A(9) (request to board a ship without nationality); and (b) the ship is: (i) outside the outer edge of the contiguous zone of Australia; and (ii) outside the territorial sea of any country (including Australia). Powers to establish the identity of the ship (2) An officer may: (a) board the ship; and (b) ask all persons found on the ship questions about: (i) the identity of the ship; and (ii) the voyage of the ship; and (c) require all persons found on the ship to produce documents relevant to: (i) finding out the identity of the ship; or (ii) the voyage of the ship; and (d) require the master or a member of the master's crew to show the commander or a member of the commander's crew readings of the ship's navigation instruments relating to the voyage of the ship. Note: Section 185AA gives power to search a person found on a ship that has been boarded under paragraph 185A(2)(a). Officer discovers that the ship is an Australian ship (3) If, after exercising the powers in subsection (2), the officer is satisfied that the ship is an Australian ship, then section 185 applies to the ship. Note: If section 185 applies to a ship, then the officer will be able to exercise all of the powers under that section in relation to the ship. Officer confirms that the ship is covered by an agreement etc. (4) If: (a) after exercising the powers in subsection (2), the officer is satisfied that the ship is a foreign ship that is entitled to fly the flag of a country; and (b) Australia has an agreement or arrangement with that country which enables the exercise of Australian jurisdiction over ships of that country; then the officer may exercise the powers prescribed by the regulations consistently with that agreement or arrangement. Officer discovers that the ship is not covered by an agreement etc. (5) If: (a) after exercising the powers in subsection (2), the officer is satisfied that the ship is a foreign ship that is entitled to fly the flag of a country; and (b) Australia does not have an agreement or arrangement with that country which enables the exercise of Australian jurisdiction over ships of that country; then the officer must leave the ship as soon as is practicable. Officer confirms that the ship is without nationality (6) If, after exercising the powers in subsection (2), the officer is satisfied that the ship is a foreign ship that: (a) is not entitled to fly the flag of a country; or (b) has been flying the flag of a country that it is not entitled to fly; or (c) has been flying the flag of more than one country; then the officer may search the ship and seize without warrant any narcotic goods found on the ship. Definition of officer (7) In this section, officer has the meaning given by subsection 4(1), and includes any person who is in command, or a member of the crew, of: (a) the ship from which the relevant request under section 184A was made; or (b) a ship that was used under section 184B to chase the ship in relation to which this section applies. 185AA Searches of people on certain ships or aircraft People found on ships and aircraft boarded under section 185 (1) A person may be searched for the purposes set out in subsection (1A) if: (a) the person is found on a ship or aircraft that has been boarded under paragraph 185(2)(a); or (b) the person has been placed on a ship or aircraft under subsection 185(3AA). (1A) If a person may be searched for the purposes set out in this subsection, the person, the person's clothing and any property under the immediate control of the person, may, without warrant, be searched to find out whether the person is carrying, or there is hidden on the person, in the clothing or in the property: (a) a weapon or other thing capable of being used to inflict bodily injury or to help the person escape; or (b) a document, or other thing, that the officer or other person has reasonable grounds to believe may afford evidence of the commission of a relevant offence. Note: Division 1B of this Part provides search powers in respect of certain persons suspected of unlawfully carrying prohibited goods. (1B) For the purposes of subsection (1A), a document, or other thing, carried or hidden on a person, in a person's clothing or in a person's property, may afford evidence of the commission of a relevant offence only if: (a) in a case where the person is found on a ship in Australia-the document or other thing may afford evidence of the commission of an offence, either in or outside Australia, against this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations; or (b) in a case where the person is found on a ship outside Australia- the document or other thing may afford evidence of the commission of an offence: (i) in Australia against this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations; or (ii) in Australia's exclusive economic zone against an Act prescribed by the regulations; or (c) in a case where the person is found on an aircraft in Australia- the document or other thing may afford evidence of the commission of an offence, either in or outside Australia, against this Act or section 72.13 or Division 307 of the Criminal Code. People found on ships boarded under section 185A (2) A person may be searched for the purpose set out in subsection (2A) if the person is found on a ship that has been boarded under paragraph 185A(2)(a). (2A) If a person may be searched for the purpose set out in this subsection, the person, the person's clothing and any property under the immediate control of the person, may, without warrant, be searched to find out whether the person is carrying, or there is hidden on the person, in the clothing or in the property a weapon or other thing capable of being used to inflict bodily injury. Power to examine things found (3) If a search is conducted under this section, an officer may examine any thing found in the course of the search (including, if the thing is a document, by reading the document directly or with the use of an electronic device). (3A) In exercising the power to examine things, an officer may do, or arrange for another officer or other person having the necessary experience to do, whatever is reasonably necessary to permit the examination of the things. (3B) However, when examining a thing found in the course of a search, an officer must not damage the thing by forcing it, or a part of it, open unless: (a) the person being searched has been given a reasonable opportunity to open the thing or part; or (b) it is not reasonably practicable to give the person such an opportunity. Powers to take possession and retain things found (3C) If, in the course of a search for a purpose set out in subsection (1A) or (2A), a weapon, document or other thing referred to in that subsection is found, then: (a) in the case of a search conducted by an officer-an officer may take possession of the weapon, document or thing; and (b) in the case of a search conducted by a person who is not an officer-the person must take possession of the weapon, document or thing and give it to an officer. Limit on removal of clothing during search (4) This section does not authorise an officer, or another person conducting a search pursuant to subsection (5), to remove any of the person's clothing, or to require a person to remove any of his or her clothing, except the person's outer garments (including but not limited to the person's overcoat, coat, jacket, gloves, shoes and head covering). Limit on who may conduct search (5) A search under this section of a person, and the person's clothing, must be conducted by: (a) an officer of the same sex as the person; or (b) in a case where an officer of the same sex as the person is not available to conduct the search-any other person who is of the same sex and: (i) is requested by an officer; and (ii) agrees; to conduct the search. Protection if officers etc. act in good faith (6) An action or proceeding, whether civil or criminal, does not lie against an officer who conducts, or a person who (at the request of an officer) conducts, a search under this section if the officer, or person, acts in good faith and does not contravene subsection (7). Limit on use of force to conduct search (7) An officer or other person who conducts a search under this section must not use more force, or subject a person to greater indignity, than is reasonably necessary in order to conduct the search. 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. Definitions (8) In this section: officer means any of the following: (a) an officer within the meaning of subsection 185(5); (b) an officer within the meaning of subsection 185A(7). References to person found on a ship or aircraft (9) In this section, a reference to a person found on a ship or aircraft includes a reference to a person suspected on reasonable grounds by an officer of having landed from, or left, the ship or aircraft. 185AAA Retention of relevant items taken possession of under paragraph 185(2)(cb) or subsection 185AA(3C) (1) Subject to any contrary order of a court, Customs must return a relevant item if: (a) the reason for the relevant item's retention by Customs no longer exists or it is decided that the relevant item is not to be used in evidence; or (b) the period of 60 days after the relevant item was taken possession of ends; whichever is the earlier, unless the relevant item is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership. (2) If Customs is required to return a relevant item under subsection (1), Customs must take reasonable steps to return it to the person from whom it was taken or to the owner if that person is not entitled to possess it, unless: (a) proceedings in respect of which the relevant item may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or (b) Customs may retain the relevant item because of an order under subsection (4); or (c) Customs is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the relevant item. (3) If proceedings in respect of which the relevant item may afford evidence have not commenced: (a) before the end of 60 days after it was taken possession of; or (b) before the end of a period previously specified in an order of a magistrate under subsection (4); Customs may apply to a magistrate for an order that Customs may retain the relevant item for a further period. (4) If the magistrate is satisfied that it is necessary for Customs to continue to retain the relevant item: (a) for the purposes of an investigation as to whether an offence has been committed; or (b) to enable evidence of an offence to be secured for the purposes of a prosecution; the magistrate may order that Customs may retain the relevant item for a period specified in the order. (5) Before making the application, Customs must: (a) take reasonable steps to discover who has an interest in the retention of the relevant item; and (b) if it is practicable to do so, notify each person who Customs considers has such an interest. (6) In this section: relevant item means: (a) goods taken possession of under paragraph 185(2)(cb); or (b) a document taken possession of under paragraph 185(2)(cb) or subsection 185AA(3C); or (c) a weapon taken possession of under subsection 185AA(3C); or (d) any other thing (other than narcotic goods) taken possession of under subsection 185AA(3C). 185AB Returning persons to ships (1) An officer, or a person assisting an officer, may return to a ship that is detained under section 185 a person who: (a) was on the ship when it was initially detained under section 185; and (b) later leaves the ship. For this purpose, reasonable means, including reasonable force, may be used by the officer or another person. (2) A person may only be returned to a ship under subsection (1) if the officer or person assisting is satisfied that it is safe to return the person to the ship. (3) In this section, officer has the same meaning as it has in section 185. 185B Moving or destroying hazardous ships etc. Application of section to ships in Australia (1) This section applies to a ship that is in Australia and that an officer reasonably suspects is or has been involved in a contravention or an attempted contravention, either in or outside Australia, of this Act, section 72.13 or Division 307 of the Criminal Code or a prescribed Act. Application of section to ships outside Australia (2) This section also applies to a ship that is outside Australia if: (a) an officer has detained it under subsection 185(3); and (b) in the case of an Australian ship-the officer reasonably suspects it is or has been involved in a contravention or an attempted contravention, either in or outside Australia, of this Act, section 72.13 or Division 307 of the Criminal Code or a prescribed Act; and (c) in the case of a foreign ship-the officer reasonably suspects it is or has been involved in a contravention: (i) in Australia of this Act, section 72.13 or Division 307 of the Criminal Code or a prescribed Act; or (ii) in Australia's exclusive economic zone of a prescribed Act. When ship may be destroyed or moved (3) The CEO may direct an officer to move, destroy, or move and destroy the ship, or cause such thing to be done, if the CEO has reasonable grounds to believe any of the following: (a) that the ship is unseaworthy; (b) that the ship poses a serious risk to navigation, quarantine, safety or public health; (c) that the ship poses a serious risk of damage to property or the environment. (4) The CEO may direct an officer to destroy, or move and destroy, the ship, or cause such thing to be done, if the CEO has reasonable grounds to believe that the ship is in such poor condition that its custody or maintenance by the Commonwealth would involve an expense that would be likely to be greater than its value. Giving of notice after the ship has been destroyed (5) As soon as practicable, but not later than 7 days after the ship has been destroyed, the CEO must give a written notice to: (a) the owner of the ship; or (b) if the owner cannot be identified after reasonable inquiry-the person in whose possession or under whose control the ship was when it was detained or located. (6) The notice must state: (a) that the ship has been destroyed under subsection (3) or (4); and (b) the reason for the destruction; and (c) that compensation may be payable under section 4AB. Note: A person may be paid compensation under section 4AB if the destruction of the ship results in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution). Failure to give notice not to affect validity (7) A failure to give a notice under this section does not affect the validity of the ship's destruction. Section to override certain other provisions (8) This section applies despite Subdivisions D, G and GA (other than sections 205G and 209I) of Division 1 of Part XII. (9) In this section, officer includes a member of the Australian Defence Force. 186 General powers of examination of goods subject to Customs control (1) Any officer may, subject to subsections (2) and (3), examine any goods subject to the control of the Customs, and the expense of the examination including the cost of removal to the place of examination shall be borne by the owner. (2) In the exercise of the power to examine goods, the officer of Customs may do, or arrange for another officer of Customs or other person having the necessary experience to do, whatever is reasonably necessary to permit the examination of the goods concerned. (3) Without limiting the generality of subsection (2), examples of what may be done in the examination of goods include the following: (a) opening any package in which goods are or may be contained; (b) using a device, such as an X-ray machine or ion scanning equipment, on the goods; (c) testing or analysing the goods; (d) measuring or counting the goods; (e) if the goods are a document-reading the document either directly or with the use of an electronic device; (f) using dogs to assist in examining the goods. (4) Goods that are subject to the control of Customs under section 31 do not cease to be subject to the control of Customs merely because they are removed from a ship or aircraft in the course of an examination under this section. 186A Power to make copies of, and take extracts from, documents in certain circumstances (1) If: (a) a document is examined under section 186; and (b) as a result of that examination, an officer of Customs is satisfied that the document or part of the document may contain information relevant to: (i) an importation or exportation, or to a proposed importation or exportation, of prohibited goods; or (ii) the commission or attempted commission of any other offence against this Act or of any offence against a prescribed Act; or (iii) the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979; or (iv) the performance of functions under section 6 of the Intelligence Services Act 2001; or (v) security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); the officer of Customs may make a copy of, or take an extract from, the document, or arrange for another officer of Customs or other person having the necessary experience, to make such a copy or take such an extract. (2) Without limiting the generality of subsection (1), a copy may be made of, or an extract taken from, a document: (a) by photocopying the document or a part of the document; or (b) by photographing the document or a part of the document; or (c) by electronically scanning the document or a part of the document; or (d) by making an electronic copy of information contained in the document or a part of the document; or (e) by making a written copy of information contained in the document or a part of the document. 186B Compensation for damage caused by copying (1) If an activity undertaken in relation to the copying of a document, or the taking of an extract from a document, causes its loss or destruction or causes damage to the document, and the loss or destruction or the damage occurred wholly or partly as a result of: (a) insufficient care being exercised in selecting the person to undertake the activity; or (b) insufficient care being exercised by the person undertaking the activity; compensation for the damage is payable to the owner of the documents concerned. (2) Compensation is payable out of money appropriated by the Parliament for the purpose. (3) In this section, a reference either to the loss or destruction of a document, or to damage to a document, includes a reference to the erasure or addition of electronic data or the corruption of such data. 187 Power to board and search (1) An officer may: (a) board any ship or aircraft; (b) board any Australian resources installation: (i) that is subject to the control of the Customs; (ii) at which there is a ship or aircraft that has come to the installation from a place outside Australia; or (iii) on which an officer has reasonable grounds to believe there are goods that are subject to the control of the Customs; (c) board a resources installation (other than an Australian resources installation) in respect of which permission under section 5A has been granted; (d) board any Australian sea installation: (i) that is subject to the control of Customs; (ii) at which there is a ship or aircraft that has come to the installation from parts beyond the seas; or (iii) on which an officer has reasonable grounds to believe there are goods that are subject to the control of the Customs; (e) board a sea installation (other than an Australian sea installation) in respect of which permission under section 5B has been granted; (f) search any ship or aircraft or an installation of the kind referred to in paragraph (b), (c), (d) or (e); or (g) secure any goods on any ship or aircraft or on any installation of the kind referred to in paragraph (b), (c), (d) or (e). (2) A reference in subsection (1) to a ship or aircraft is a reference to a ship or aircraft to which section 185 does not apply. 188 Boarding (1) The power of an officer to board shall extend to staying on board any ship, aircraft or installation and the Collector may station an officer on board any ship, aircraft or installation, and the master or pilot shall provide sleeping accommodation in the cabin and suitable and sufficient food for such officer. Penalty: 5 penalty units. (2) Subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 189 Searching The power of an officer to search shall extend to every part of any ship, aircraft or installation, and shall authorize the opening of any package, locker, or place and the examination of all goods. 189A Officers may carry arms in certain circumstances (1) Subject to any directions from the CEO, an authorised arms issuing officer: (a) may issue approved firearms and other approved items of personal defence equipment to officers authorised to carry arms, for the purpose of: (i) enabling the use, by such officers, of a firearm in the circumstances set out in subsection 184B(6) or 184C(3); or (ii) enabling the safe exercise, by such officers, of powers conferred on them under this Act or any other Act; and (b) must take all reasonable steps to ensure that approved firearms, and other approved items of personal defence equipment, that are available for issue under paragraph (a), are kept in secure storage at all times when not required for use. (2) Without limiting the matters that may be the subject of directions under subsection 4(4) of the Customs Administration Act 1985 as modified by section 183UC, the CEO may give directions under that modified subsection relating to the deployment of approved firearms and other approved items of personal defence equipment under this section. The directions may deal with: (a) the circumstances in which approved firearms and other approved items of personal defence equipment may be issued; and (b) the circumstances in which such firearms and other items of equipment are to be recalled; and (c) the circumstances in which such firearms and other items of equipment can be used and the manner of their use; and (d) the nature of the secure storage of such firearms and other items of equipment when recalled; and (e) any other matters relating to the deployment of such firearms and other items of equipment the CEO thinks appropriate. (3) An officer is not required under, or by reason of, a law of a State or Territory: (a) to obtain a licence or permission for the possession or use of an approved firearm or approved item of personal defence equipment; or (b) to register such a firearm or other item of equipment. (4) Nothing in this section affects the operation of any other provision of, or of the regulations under, this Act to the extent that that provision relates to the use of firearms in circumstances other than the circumstances referred to in this section. (5) In this section: approved firearm means a firearm of a kind declared by the regulations to be an approved firearm for the purposes of this section. approved item of personal defence equipment means an extendable baton, an oleoresin capsicum spray or anti-ballistic clothing, and includes any other item that is declared by the regulations to be an approved item of personal defence equipment for the purposes of this section. authorised arms issuing officer means an officer of Customs authorised, in writing, by the CEO to exercise the powers or perform the functions of an authorised arms issuing officer under this section. officer authorised to carry arms means an officer of Customs who is authorised, in writing, by the CEO to use approved firearms and approved items of personal defence equipment issued by an authorised arms issuing officer for either or both of the purposes specified in subparagraphs (1)(a)(i) and (ii) of this section. 190 Securing goods The power of an officer to secure any goods shall extend to fastening down hatchways and other openings into the hold and locking up, sealing, marking or otherwise securing any goods. 191 Seals etc. not to be broken (1) No fastening, lock, mark, or seal placed by an officer upon any goods or upon any door hatchway opening or place upon any ship, aircraft or installation shall be opened, altered, broken or erased whilst the goods upon which the fastening, lock, mark, or seal is placed or which are intended to be secured thereby shall remain subject to the control of the Customs. Penalty: 50 penalty units. (2) Subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) Subsection (1) does not apply to an opening, alteration, breaking or erasure by authority. Note: For by authority, see subsection 4(1). 192 Seals etc. on ship or aircraft in port bound to another port within Commonwealth (1) No fastening, lock, mark, or seal placed by an officer upon any goods or upon any door, hatchway, opening, or place for the purpose of securing any stores upon any ship or aircraft which has arrived in any port or airport from parts beyond the seas and which is bound to any other port or airport within the Commonwealth shall be opened, altered, broken, or erased; and if any ship or aircraft enters any port or airport with any such fastening, lock, mark, or seal opened, altered, broken, or erased contrary to this section, the master or pilot shall be guilty of an offence against this Act. Penalty: 50 penalty units. (2) Subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) Subsection (1) does not apply to an opening, alteration, breaking or erasure by authority. Note: For by authority, see subsection 4(1). 193 Officers may patrol coasts etc. Any officer and any person in his or her aid when on duty may patrol upon and pass freely along and over any part of the coast or any railway or any airport or the shores, banks, or beaches of any port bay harbour lake or river. 194 Ships on service may be moored in any place The officer in charge for the time being of any ship employed in the service of the Customs may haul any such ship upon any part of the coast or the shores banks or beaches of any port bay harbour lake or river and may moor any such ship thereon and continue such ship so moored as aforesaid for such time as he or she shall deem necessary. 195 Power to question passengers etc. (1) An officer of Customs may question: (a) any person who is on board a ship or an aircraft or an installation of the kind referred to in paragraph 187(b), (c), (d) or (e); or (b) any person who has, or who the officer has reason to believe has, got off a ship or out of an aircraft; or (c) any person who the officer has reason to believe is about to board a ship or an aircraft; as to whether that person or any child or other person accompanying him or her has on his or her person, in his or her baggage or otherwise with him or her any: (d) dutiable goods; or (e) excisable goods; or (f) prohibited goods. (2) A person shall answer questions put to him or her in pursuance of subsection (1). Penalty: 10 penalty units. (3) Subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 195A Power to question persons found in restricted areas If a person is in a section 234AA place, an officer may ask the person for, and require the person to provide: (a) the person's name; and (b) the person's reason for being in the section 234AA place; and (c) evidence of the person's identity. Note: Failing to answer a question or produce a document when required to do so by an officer may be an offence (see sections 243SA and 243SB). However, a person does not have to answer if doing so would tend to incriminate the person (see section 243SC). 196C Power to question persons claiming packages (1) Before an officer of Customs decides whether or not to authorise the delivery into home consumption of goods referred to in section 71, the officer may: (a) request the person to state his or her full name and residential address; and (b) ask the person whether he or she is the owner of the goods; and (c) where the person states that he or she is not the owner of the goods, request the person to state the full name and residential address of the owner of the goods; and (d) request the person to produce evidence of the correctness of the information given by him or her in compliance with a request made of him or her in pursuance of paragraph (a) or (c). (2) A person shall not refuse or fail to comply with a request made of him or her, or to answer a question put to him or her, in pursuance of subsection (1). Penalty: 10 penalty units. (2A) Subsection (2) does not apply if the person has a reasonable excuse. (3) Where a person refuses or fails to comply with a request made of him or her, or to answer a question put to him or her, by an officer of Customs in pursuance of subsection (1), the officer may: (a) detain the person for the purposes of establishing his or her identity; or (b) if the officer believes on reasonable grounds that there is no reasonable excuse for the person refusing or failing to so comply, detain the person and take him or her, without undue delay, before a magistrate to be charged with an offence against subsection (2). (4) In this section, owner, in relation to goods, means a person who has an interest in the goods. 197 Power to stop conveyances about to leave a Customs place (1) If a conveyance is in a Customs place, an officer of Customs may: (a) require the conveyance to stop; and (b) check to establish that there is appropriate documentation authorising the movement of any goods in or on the conveyance that are subject to the control of Customs within the meaning of section 30. (2) For the purposes of subsection (1), an officer of Customs may question the person apparently in charge of the conveyance about any goods in, on, or in a container on, the conveyance. (3) The power in paragraph (1)(b) includes a power to give directions relating to: (a) the unloading of any goods from the conveyance; or (b) their movement to a particular part of the Customs place for further examination. (4) If a direction under subsection (3) is not complied with, an officer of Customs may do what is necessary to give effect to the direction or to arrange for it to be done. (5) An officer of Customs must not detain a conveyance under this section for longer than is necessary and reasonable to exercise the powers conferred by this section. (6) A person in charge of a conveyance is guilty of an offence if: (a) the conveyance is in a Customs place; and (b) an officer of Customs requires the conveyance to stop; and (c) the person does not stop the conveyance as so required. Penalty: 45 penalty units. (7) This offence is an offence of strict liability. Subdivision C-Search warrants in respect of things believed to be evidential material 198 When search warrants can be issued (1) A judicial officer may issue a warrant to search premises if the judicial officer is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or within the next 72 hours there will be, any evidential material, other than evidential material that is also a forfeited good, on or in the premises. (2) If: (a) the person applying for the warrant has, at any time previously, applied for a warrant relating to the search of, or the seizure of goods that are on or in, the same premises; and (b) the premises are not a Customs place; the person must state particulars of those applications and their outcome in the information. (3) If a judicial officer issues a warrant, the judicial officer is to state in the warrant: (a) the offence to which the warrant relates; and (b) a description of the premises to which the warrant relates; and (c) the kind of evidential material that is to be searched for under the warrant; and (d) the name of the authorised person who, unless he or she inserts the name of another authorised person in the warrant, is to be responsible for executing the warrant; and (e) the time at which the warrant expires (see subsection (3A)); and (f) whether the warrant may be executed at any time or only during particular hours. (3A) The time stated in the warrant under paragraph (3)(e) as the time at which the warrant expires must be a time that is not later than the end of the seventh day after the day on which the warrant is issued. Example: If a warrant is issued at 3 pm on a Monday, the expiry time specified must not be later than midnight on Monday in the following week. (4) The judicial officer is also to state in the warrant: (a) that it authorises the seizure of things (other than evidential material of the kind referred to in paragraph (3)(c)) found on or in the premises in the course of the search that the executing officer or a person assisting believes on reasonable grounds: (i) to be evidential material in relation to an offence to which the warrant relates or to another offence, or to be evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act); and (ii) not to be forfeited goods; if the executing officer or person assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and (b) whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed, if the executing officer or a person assisting suspects on reasonable grounds that the person has any evidential material in his or her possession. (5) Paragraph (3)(e) and subsection (3A) do not prevent the issue of successive warrants in relation to the same premises. (6) If the application for the warrant is made under section 203M, this section (other than subsection (3A)) applies as if: (a) subsection (1) referred to 48 hours rather than 72 hours; and (b) paragraph (3)(e) required the judicial officer to state in the warrant the period for which the warrant is to remain in force, which must not be more than 48 hours. (7) A judicial officer of a particular State or Territory may issue a warrant in respect of the search of premises in another State or Territory. (8) This section is not to be taken to limit any power of search granted to an officer of Customs under any other provision of a law of Customs within the meaning of the Customs Administration Act 1985. 199 The things that are authorised by a search warrant (1) A search warrant that is in force in relation to premises authorises the executing officer or a person assisting: (a) to enter the warrant premises; and (b) to search for and to record fingerprints found on or in the premises, and take samples of things (other than human biological fluid or tissue) found on or in the premises for forensic purposes; and (c) to search the premises for the kind of evidential material specified in the warrant, and to seize things of that kind found on or in the premises; and (d) to seize other things found on or in the premises in the course of the search that the executing officer or a person assisting believes on reasonable grounds: (i) to be evidential material in relation to an offence to which the warrant relates or to another offence, or to be evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act); and (ii) not to be forfeited goods; if the executing officer or person assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and (e) if the warrant so allows: (i) to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or a person assisting suspects on reasonable grounds that the person has any evidential material in his or her possession; and (ii) to seize any such material found in the course of the search. (2) Without limiting the generality of the powers conferred by a warrant issued in respect of premises that are not a conveyance or a container, the warrant extends to every conveyance or container on the premises. (3) Without limiting the generality of the powers conferred by a warrant issued in respect of premises that are a conveyance, the warrant: (a) permits entry of the conveyance, wherever it is; and (b) extends to every container on the conveyance. (4) A warrant issued in respect of premises that are a container permits entry of the container, wherever it is, to the extent that it is of a size permitting entry. (5) If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours. (6) If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised must not be done under the warrant. 200 Use of equipment to examine or process things (1) The executing officer or a person assisting may bring to the warrant premises any equipment reasonably necessary for the examination or processing of a thing found on or in the premises in order to determine whether it is a thing that may be seized under the warrant. (2) A thing found at the premises may be moved to another place for examination or processing in order to determine whether it may be seized under a warrant if: (a) both of the following apply: (i) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; (ii) there are reasonable grounds to believe that the thing contains or constitutes evidential material; or (b) the occupier of the premises consents in writing. (3) If a thing is moved to another place for the purpose of examination or processing under subsection (2), the executing officer must, if it is practicable to do so: (a) inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and (b) allow the occupier or his or her representative to be present during the examination or processing. (3A) The thing may be moved to another place for examination or processing for no longer than 72 hours. (3B) An executing officer may apply to a judicial officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within 72 hours or that time as previously extended. (3C) The executing officer must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard in relation to the application. (4) The executing officer or a person assisting may operate equipment already on or in the warrant premises to carry out the examination or processing of a thing found on or in the premises in order to determine whether it is a thing that may be seized under the warrant if the executing officer or person assisting believes on reasonable grounds that: (a) the equipment is suitable for the examination or processing; and (b) the examination or processing can be carried out without damage to the equipment or the thing. 201 Use of electronic equipment on or in premises (1) The executing officer or a person assisting may operate electronic equipment at the warrant premises to access data (including data not held at the premises) if he or she believes on reasonable grounds that: (a) the data might constitute evidential material; and (b) the equipment can be operated without damaging it. Note: An executing officer can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance: see section 201A. (1A) If the executing officer or person assisting believes on reasonable grounds that any data accessed by operating the electronic equipment might constitute evidential material, he or she may: (a) copy the data to a disk, tape or other associated device brought to the premises; or (b) if the occupier of the premises agrees in writing-copy the data to a disk, tape or other associated device at the premises; and take the device from the premises. (1B) If: (a) the executing officer or person assisting takes the device from the premises; and (b) the CEO is satisfied that the data is not required (or is no longer required) for: (i) investigating an offence against the law of the Commonwealth, a State or a Territory; or (ii) judicial proceedings or administrative review proceedings; or (iii) investigating or resolving a complaint under the Ombudsman Act 1976 or the Privacy Act 1988; the CEO must arrange for: (c) the removal of the data from any device in the control of Customs; and (d) the destruction of any other reproduction of the data in the control of Customs. (2) If the executing officer or a person assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may: (a) seize the equipment and any disk, tape or other associated device; or (b) if the material can, by using facilities on or in the premises, be put in documentary form-operate the facilities to put the material in that form and seize the documents so produced. (3) The executing officer or a person assisting may seize equipment under paragraph (2)(a) only if it is not practicable to copy the material as mentioned in subsection (1A) or to put the material in documentary form as mentioned in paragraph (2)(b). (4) If the executing officer or a person assisting believes on reasonable grounds that: (a) evidential material may be accessible by operating electronic equipment on or in the premises; and (b) expert assistance is required to operate the equipment; and (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with; he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise. (5) The executing officer or a person assisting must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours. (6) The equipment may be secured: (a) for a period not exceeding 24 hours; or (b) until the equipment has been operated by the expert; whichever first occurs. (7) If the executing officer or a person assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to a judicial officer for an extension of that period. (8) The executing officer or a person assisting must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application. (9) The provisions of this Subdivision relating to the issue of warrants apply, with such modifications as are necessary, to the issuing of an extension. 201A Person with knowledge of a computer or a computer system to assist access etc. (1) An executing officer may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the officer to do one or more of the following: (a) access data held in, or accessible from, a computer that is on warrant premises; (b) copy the data to a data storage device; (c) convert the data into documentary form. (2) The magistrate may grant the order if the magistrate is satisfied that: (a) there are reasonable grounds for suspecting that evidential material is held in, or is accessible from, the computer; and (b) the specified person is: (i) reasonably suspected of having committed the offence stated in the relevant warrant; or (ii) the owner or lessee of the computer; or (iii) an employee of the owner or lessee of the computer; and (c) the specified person has relevant knowledge of: (i) the computer or a computer network of which the computer forms a part; or (ii) measures applied to protect data held in, or accessible from, the computer. (3) A person commits an offence if the person fails to comply with the order. Penalty: 6 months imprisonment. 201B Accessing data held on other premises-notification to occupier of that premises (1) If: (a) data that is held on premises other than the warrant premises is accessed under subsection 201(1); and (b) it is practicable to notify the occupier of the other premises that the data has been accessed under a warrant; the executing officer must: (c) do so as soon as practicable; and (d) if the executing officer has arranged, or intends to arrange, for continued access to the data under subsection 201(1A) or (2)-include that information in the notification. (2) A notification under subsection (1) must include sufficient information to allow the occupier of the other premises to contact the executing officer. 202 Compensation for damage to equipment or data (1) If: (a) damage is caused to equipment as a result of it being operated as mentioned in section 200 or 201; or (b) the data recorded on or accessible from the equipment is damaged; and the damage was caused as a result of: (c) insufficient care being exercised in selecting the person who was to operate the equipment; or (d) insufficient care being exercised by the person operating the equipment; compensation for the damage is payable to the owner of the equipment or the user of the data concerned. (2) For the purposes of subsection (1), damage to data includes damage by erasure of data or addition of other data. (3) Compensation is payable out of money appropriated by the Parliament for the purpose. (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and his or her employees and agents, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances. 202A Copies of seized things to be provided (1) Subject to subsection (2), if the executing officer or a person assisting seizes, under a warrant relating to premises: (a) a document, film, computer file or other thing that can be readily copied; or (b) a storage device, the information in which can be readily copied; the executing officer or person assisting must, if requested to do so by the occupier of the premises or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the document, film, computer file, thing or information to that person as soon as practicable after the seizure. (2) Subsection (1) does not apply if: (a) the thing that has been seize