CUSTOMS LEGISLATION AMENDMENT ACT (NO. 1) 2002 NO. 82, 2002 - SCHEDULE 4 - Seizure of goods in the Protected Zone

CUSTOMS LEGISLATION AMENDMENT ACT (NO. 1) 2002 NO. 82, 2002 - SCHEDULE 4

Customs Act 1901

1 Subsection 183UA(1) (at the end of the definition of authorised person)

; and (f) in relation to the exercise of powers under section 203CA or 203CB—an officer as defined by subsection 185(5).

2 Subsection 203(2)

3 After section 203C

203CA Seizure without warrant of certain goods on ship or aircraft in the Protected Zone

(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.

203CB Seizure without warrant of certain other goods in the Protected Zone

(1) This section applies if an authorised person suspects on reasonable grounds that:

(a)

goods are:

(i)

at, or in a container at, a place that is near a ship or aircraft to which paragraph 203CA(1)(b) or (2)(b) applies; or

(ii)

in, on, or in a container on, a conveyance at such a place; or

(iii)

in a container in the immediate physical possession of, but not carried on the body of, a person at such a place; and

(b)

the goods:

(i)

in the case of an arriving ship or aircraft—have been unloaded from that ship or aircraft; or

(ii)

in the case of a leaving ship or aircraft—will be loaded onto that ship or aircraft; and

(c)

the goods are special forfeited goods (other than narcotic goods).

(2) The authorised person may, without warrant:

(a)

search the place or any container at the place for special forfeited goods (other than narcotic goods); or

(b)

stop and detain the conveyance about to leave the place, and search it and any container on it for such goods; or

(c)

search the container in the immediate physical possession of the person for such goods;