Border Protection Legislation Amendment Act 1999 (160 of 1999)

Schedule 2   Customs Act 1901

Part 1   Chasing, boarding etc. ships and aircraft

27   After subsection 185(4)

Insert:

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.