Commonwealth Consolidated Acts

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EXPORT CONTROL ACT 1982 - SECT 10J

How an authorised officer exercises a power under section 10H

                   When an authorized officer exercises a power under section 10H in relation to an aircraft, vehicle or ship, he or she:

                     (a)  may use such assistance as is necessary; and

                     (b)  must search the aircraft, vehicle or ship in a public place or in some other place to which members of the public have ready access; and

                     (c)  must not detain the aircraft, vehicle or ship for longer than is necessary and reasonable to search it and any thing found in or on the aircraft, vehicle or ship; and

                     (d)  may use such force as is necessary and reasonable in the circumstances, but must not damage the aircraft, vehicle or ship or any thing found in or on the aircraft, vehicle or ship by forcing open a part of the aircraft, vehicle or ship or thing unless:

                              (i)  the person (if any) apparently in charge of the aircraft, vehicle or ship has been given a reasonable opportunity to open that part or thing; or

                             (ii)  it is not possible to give that person such an opportunity.


 



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