Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision D - Seizure of goods believed to be forfeited goods  

SECTION 203CA   SEIZURE WITHOUT WARRANT OF CERTAIN GOODS ON SHIP OR AIRCRAFT IN THE PROTECTED ZONE  

203CA(1)   [Application to ships]  

This section applies to a ship if:

(a) the ship is outside the territorial sea of a foreign country; and

(b) the ship could be boarded under the Maritime Powers Act 2013 ; and

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

203CA(2)   [Application to aircraft]  

This section applies to an aircraft if:

(a) the aircraft has landed in Australia as a result of a maritime officer requiring the person in charge of the aircraft to land the aircraft under subsection 55(7) of the Maritime Powers Act 2013 ; and

(b) in the case of an Australian aircraft - the requirement is made when the aircraft is over anywhere except a foreign country; and

(c) in the case of an aircraft that is not an Australian aircraft - the requirement is made when the aircraft is over Australia; and

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

203CA(3)   [Seizure of Goods]  

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 section 203C of this Act and subparagraph 67(1)(b)(ii) of the Maritime Powers Act 2013 .

203CA(4)   [Seizure of evidential material]  

If, in the course of searching the ship or aircraft, 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.

S 203CA(4) amended by No 16 of 2013, s 3 and Sch 1 item 14, effective 27 March 2014.

203CA(5)   [Powers to be exercised subject to sec 203D]  

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