199Questioning and search powers in relation to monetary instruments

#### 199 Questioning and search powers in relation to monetary instruments Person leaving Australia (1) A person who is: (a) about to leave Australia; or (b) in an embarkation area for the purpose of leaving Australia; must, if required to do so by a police officer or a customs officer: (c) declare whether or not the person has with him or her any monetary instruments; and (d) declare the sum of the monetary instrument amounts for the monetary instruments that the person has with him or her; and (e) declare whether or not, to the best of the person’s knowledge and belief, a report under section 53 has been given in respect of any monetary instruments that the person has with him or her; and (f) produce to the officer any monetary instruments that the person has with him or her. Person arriving in Australia (2) A person who arrives in Australia must, if required to do so by a police officer or a customs officer: (a) declare whether or not the person has with him or her any monetary instruments; and (b) declare the sum of the monetary instrument amounts for the monetary instruments that the person has with him or her; and (c) declare whether or not, to the best of the person’s knowledge and belief, a report under section 53 has been given in respect of any monetary instruments that the person has with him or her; and (d) produce to the officer any monetary instruments that the person has with him or her. Officer may copy bearer negotiable instruments (2AA) If a person produces to a police officer or a customs officer under paragraph (1)(f) or (2)(d): (a) a bearer negotiable instrument; or (b) a thing prescribed by the AML/CTF Rules for the purposes of paragraph (c) of the definition of monetary instrument in section 5 that is able to be copied; the officer may make a copy of the instrument or thing. Once copied, the officer must return the instrument or thing to the person. Person leaving or arriving in Australia—seizing monetary instrument (2A) A police officer or a customs officer may seize a monetary instrument produced to the officer under paragraph (1)(f) or (2)(d) if: (a) the police officer or customs officer has reasonable grounds to suspect that the monetary instrument may afford evidence as to the commission of an offence against section 53; or (b) the police officer or customs officer has reasonable grounds to suspect that the monetary instrument may be of interest under subsection (14). Powers of examination and search (3) A police officer or a customs officer may, with such assistance as is reasonable and necessary, examine an article which a person has with him or her if: (a) the person: (i) is about to leave Australia or has arrived in Australia; or (ii) is about to board or leave, or has boarded or left, any ship or aircraft; and (b) either: (i) the officer is seeking to find out whether the person has with him or her any monetary instrument in respect of which a report under section 53 is required; or (ii) the officer has reasonable grounds to suspect that the person has with him or her any monetary instrument that may be of interest under subsection (14). (4) Either: (a) a police officer; or (b) a customs officer in respect of whom a declaration under section 219ZA of the Customs Act 1901 is in force; may, with such assistance as is reasonable and necessary, search a person so long as: (c) any of the following subparagraphs applies: (i) the person is about to leave Australia; (ii) the person has arrived in Australia; (iii) the person is about to board or leave a ship or aircraft; (iv) the person has boarded or left a ship or aircraft; and (d) the officer has reasonable grounds to suspect that there is on the person, or in clothing being worn by the person: (i) a monetary instrument in respect of which a report under section 53 is required; or (ii) a monetary instrument that may be of interest under subsection (14). (5) A police officer or a customs officer may seize a monetary instrument found in the course of an examination or search under subsection (3) or (4) if: (a) the police officer or customs officer has reasonable grounds to suspect that the monetary instrument may afford evidence as to the commission of an offence against section 53; or (b) the police officer or customs officer has reasonable grounds to suspect that the monetary instrument may be of interest under subsection (14). (6) A person must not be searched under subsection (4) except by a person of the same sex. Boarding of ships and aircraft (7) A police officer or a customs officer, and any person assisting a police officer or customs officer, may board a ship or aircraft for the purpose of exercising the powers conferred by subsection (1), (2), (3) or (4). (8) A police officer or a customs officer may, with such assistance as is reasonable and necessary: (a) board a ship or aircraft; or (b) examine or search the ship or aircraft, and any goods found on the ship or aircraft; for the purpose of finding out whether there is at or in the place, or in the goods: (c) any monetary instrument in respect of which a report under section 53 is required; or (d) any monetary instrument that may be of interest under subsection (14). Entry to eligible places (9) A police officer or a customs officer may, with such assistance as is reasonable and necessary: (a) go onto or enter any eligible place; and (b) examine the place, and any goods found at or in it; for the purpose of finding out whether there is at or in the place, or in the goods: (c) any monetary instrument in respect of which a report under section 53 is required; or (d) any monetary instrument that may be of interest under subsection (14). Seizure (10) A police officer or a customs officer may seize a monetary instrument found in the course of an examination or search under subsection (8) or (9) if: (a) the police officer or customs officer has reasonable grounds to suspect that the monetary instrument may afford evidence as to the commission of an offence against section 53; or (b) the police officer or customs officer has reasonable grounds to suspect that the monetary instrument may be of interest under subsection (14). Offence (11) A person commits an offence if: (a) the person is subject to a requirement under subsection (1) or (2); and (b) the person engages in conduct; and (c) the person’s conduct breaches the requirement. Penalty for contravention of this subsection: Imprisonment for 1 year or 60 penalty units, or both. Civil penalty (12) If a person is subject to a requirement under subsection (1) or (2), the person must not engage in conduct that breaches the requirement. (13) Subsection (12) is a civil penalty provision. Monetary instrument of interest (14) For the purposes of this section, a monetary instrument may be of interest if the monetary instrument: (a) may be relevant to the investigation of, or prosecution of a person for, an offence against a law of the Commonwealth or of a State or Territory; or (b) may be of assistance in the enforcement of the Proceeds of Crime Act 2002 or regulations under that Act; or (c) may be of assistance in the enforcement of a law of a State or Territory that corresponds to the Proceeds of Crime Act 2002 or regulations under that Act.