Customs Act 1901
(a) an authorised person suspects on reasonable grounds that there are special forfeited goods that are narcotic goods:
(i) at, or in a container at, a place other than a Customs place; or
(ii) in, on, or in a container on, a conveyance at a place other than a Customs place; or
(iii) in a container in the immediate physical possession of, but not carried on the body of, a person at a place other than a Customs place; and
(b) it is necessary to exercise a power under this section in order to prevent such goods from being concealed, lost or destroyed.
Note: Container has a special definition for the purposes only of this Division.
(a) search the place or any container at the place for narcotic goods; or
(b) stop and detain the conveyance about to leave the place, and search it and any container on it for narcotic goods; or
(c) search the container in the immediate physical possession of the person for narcotic goods;
as the case requires, and seize any goods that the authorised person reasonably suspects are narcotic goods if the authorised person finds them there.
For the avoidance of doubt, the power of the authorised person to seize, without warrant, goods found at a place other than a Customs place that are reasonably suspected of being narcotic goods includes the power to seize, without warrant, any goods that:
(a) have been produced as a result of a frisk search of a person; or
(b) have been discovered on the body of a person as a result of an external search or an internal search of the person;
if the search is conducted under Division 1B at a place other than a Customs place and the goods are reasonably so suspected.
If, in the course of searching under subsection (2) for special forfeited goods that are narcotic goods, an authorised person finds a thing that the authorised person believes on reasonable grounds is evidential material relating to an offence committed in respect of those goods, the authorised person may, without warrant, seize that thing whether or not the authorised person has found those goods.
For the purposes of a search conducted under subsection (2), the authorised person may question any person apparently in charge of the place, conveyance or container about any goods or thing at the place, in or on the conveyance, or in the container.
The authorised person must exercise his or her powers subject to section 203D.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.