Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 203CA

             (1)  This section applies to a ship if:

                     (a)  section 185 applies to the ship; and

                     (b)  the ship is exempt from any provision of the Customs Acts under subsection 30A(3) or the voyage of the ship is exempt from any such provision under subsection 30A(5).

Note:          Section 30A gives effect to provisions of the Torres Strait Treaty in relation to certain traditional activities.

             (2)  This section applies to an aircraft if:

                     (a)  section 185 applies to the aircraft; and

                     (b)  the flight of the aircraft is exempt from any provision of the Customs Acts under subsection 30A(5).

Note:          Section 30A gives effect to provisions of the Torres Strait Treaty in relation to certain traditional activities.

             (3)  An authorised person may seize without warrant any goods (other than narcotic goods) on the ship or aircraft that the authorised person reasonably suspects are special forfeited goods.

Note:          For seizure of narcotic goods without warrant, see paragraph 185(2)(e) and section 203C.

             (4)  If, in the course of searching the ship or aircraft under section 185, an authorised person finds a thing that he or she believes on reasonable grounds is evidential material relating to an offence committed in respect of special forfeited goods, the authorised person may, without warrant, seize that thing.

             (5)  The authorised person must exercise his or her powers subject to section 203D.