Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

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History

Div 1 heading substituted by No 41 of 2015, s 3 and Sch 1 item 633, effective 1 July 2015. For saving and transitional provisions see note under the title of this Act.

Subdivision D - Seizure of goods believed to be forfeited goods  

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Subdiv D inserted by No 85 of 1995, s 6 and Sch 4, effective 1 July 1995.

SECTION 203D   HOW AN AUTHORISED PERSON IS TO EXERCISE CERTAIN POWERS  

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S 203D heading amended by No 82 of 2002, Sch 4 [ 4], effective 10 October 2002.

203D(1)    

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An authorised person who exercises powers under section 203B , 203C , 203CA or 203CB in relation to a conveyance must not detain the conveyance for longer than is necessary and reasonable to exercise those powers.

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S 203D(1) amended by No 82 of 2002, Sch 4 [ 4]- [ 6], effective 10 October 2002.

S 203D(1) inserted by No 85 of 1995, s 6 and Sch 4, effective 1 July 1995.

203D(2)    

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An authorised person exercising powers under section 203B , 203C , 203CA or 203CB may use such force as is necessary and reasonable in the circumstances, but must not:

(a) forcibly remove any container or other goods from a person ' s physical possession; or

(b) damage any place, conveyance, container or other goods of which the person is apparently in charge;

unless:

(c) the person has been given a reasonable opportunity to facilitate the exercise of the powers by providing access to the place, conveyance, container or goods or by opening the conveyance or container; or

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(d) it is not possible to give that person such an opportunity.

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S 203D(2) amended by No 67 of 2016, s 3 and Sch 1 item 16, effective 17 November 2016.

S 203D(2) amended by No 82 of 2002, Sch 4 [ 7]- [ 9], effective 10 October 2002.

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S 203D substituted by No 137 of 1999, s 3 and Sch 1, item 65, effective 16 December 1999.

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