Customs Act 1901


Division 1 - Powers of officers  

Subdivision J - General powers to monitor and audit  


214AC(1)   Who is a monitoring officer ?  

A monitoring officer is an officer who is authorised by the Comptroller-General of Customs under this section to enter premises and exercise monitoring powers (whether the authorisation applies generally, during a specified period or in or on specified premises).

214AC(2)   Who may be authorised to be a monitoring officer.  

The Comptroller-General of Customs must not authorise an officer to enter premises and exercise monitoring powers unless the Comptroller-General of Customs is satisfied that the officer is suitably qualified, because of the officer's abilities and experience, to exercise those powers.

214AC(3)   Authorising officers to exercise monitoring powers.  

The Comptroller-General of Customs may authorise in writing an officer to enter premises and exercise monitoring powers:

(a) generally; or

(b) during a specified period; or

(c) in or on specified premises; or

(d) during a specified period in or on specified premises.

214AC(4)   Availability of assistance and use of force in exercising monitoring powers.  

In entering premises and exercising monitoring powers:

(a) a monitoring officer may obtain such assistance; and

(b) a monitoring officer or a person assisting a monitoring officer may use such force against things;

as is necessary and reasonable in the circumstances.

214AC(5)   Monitoring powers to be used only as authorised.  

This Subdivision does not allow:

(a) an officer who is authorised to enter premises and exercise monitoring powers during a specified period to enter the premises or exercise the powers at a time outside that period; or

(b) an officer who is authorised to enter, and exercise monitoring powers in or on, specified premises to enter, or to exercise the powers in or on, other premises.


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