Customs Act 1901
(a) goods are:
(i) at, or in a container at, a place that is near a ship or aircraft to which paragraph 203CA(1)(c) or 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).
(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;
as the case requires, and seize any goods that the authorised person reasonably suspects are special forfeited goods (other than narcotic goods) if the authorised person finds them there.
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 .
If, in the course of searching under subsection (2) for special forfeited goods, 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 those goods, the authorised person may, without warrant, seize that thing whether or not the authorised person has found those goods.203CB(4) [Authorised person may question]
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.203CB(5) [Powers to be exercised subject to sec 203D]
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.