219ZAB Prescribing equipment for use in external searches and internal non‑medical scans
219ZAC Authorising officers to use prescribed equipment for external search or internal non‑medical scan
219ZAD Giving a record of invitation and consent, or a copy of order
219ZAE Records of results of external search or internal non‑medical scan
Subdivision D—Detention generally
219ZA Detention officers
219ZB Detention places
219ZC Detention under this Division
219ZD Detainees not fluent in English
219ZE Release from, or cessation of, detention
Subdivision E—Medical practitioners
219ZF Conduct of internal medical search
219ZG Medical practitioner may take action to preserve detainee’s life
219ZH Medical practitioner to answer questions and prepare report
219ZJ Proceedings against medical practitioners
Division 1BA—Detention and search of persons for purposes of law enforcement co‑operation
Subdivision A—Preliminary
219ZJA Definitions
219ZJAA Prescribed State or Territory offences
Subdivision B—Powers to detain
219ZJB Detention of person suspected of committing serious Commonwealth offence or prescribed State or Territory offence
219ZJC Detention of person subject to warrant or bail condition
219ZJCA Detention of person for national security or security of a foreign country
Subdivision C—Matters affecting detention generally
219ZJD Search of person detained under this Division
219ZJE Comptroller‑General of Customs must give directions about detaining persons under this Division
219ZJF Detainees to be given reasons for detention and shown identification on request
219ZJG Use of force in relation to detention
219ZJH Moving detained persons
219ZJI Detainees not fluent in English
219ZJJ Detention of minors
Division 1C—Judges and Magistrates
219ZK Nature of functions of Judge or Magistrate
219ZL Protection of Judge or Magistrate
Division 2—Protection to officers
220 Reasonable cause for seizure a bar to action
221 Notice of action to be given
222 Defect in notice not to invalidate
223 No evidence to be produced but that contained in notice
224 Officer may tender amends
225 Commencement of proceedings against officers
226 Time for commencing action
227 Security may be required
Division 3—Evidence
227AA Evidence may be used in prosecutions etc.
Part XIIA—Special provisions relating to prohibited items
227A Overview of Part
227B Definitions
227C Ships and aircraft to which this Part applies
227D Items to which this Part applies
227E Approved storage for prohibited items
227F Officer may take custody of items
227G Compensation for damage etc. to items
Part XIII—Penal Provisions
Division 1—Forfeitures
228 Forfeited ships and aircraft
228A Forfeited resources installations
228B Forfeited sea installations
228C Forfeited offshore electricity installations
229 Forfeited goods
229A Proceeds of drug trafficking liable to forfeiture
230 Forfeited packages and goods
Division 2—Penalties
231 Assembly for unlawful purposes
232A Rescuing goods and assaulting officers
233 Smuggling and unlawful importation and exportation
233A Master not to use or allow use of ship for smuggling etc.
233AB Penalties for offences against sections 233 and 233A
233BAA Special offence relating to tier 1 goods
233BAB Special offence relating to tier 2 goods
233BABAA UN‑sanctioned goods
233BABAB Special offences for importation of UN‑sanctioned goods
233BABAC Special offences for exportation of UN‑sanctioned goods
233BABAD Offences involving tobacco products
233BABAE Offence for bringing restricted goods into Australia
233BABAF Using information held by the Commonwealth
233BABA Protection from criminal responsibility
233BAC Evidence relating to approval for import or export
233BA Evidence of Analyst
233C Offence for giving false or misleading information in relation to UN‑sanctioned goods
234 Customs offences
234AA Places set aside for purposes of Act
234A Unauthorised entry to places and on ships, aircraft or wharves
234AB Unauthorised use of cameras and sound recorders
234ABA Officers may direct unauthorised persons to leave restricted areas
236 Aiders and abettors
237 Attempts
239 Penalties in addition to forfeitures
240 Commercial documents to be kept
240AA Authorised officer may require person to produce commercial documents
240AB Verifying communications to Department
240AC Authorised officer may require person to produce record
Division 3—Recovery of pecuniary penalties for dealings in narcotic goods
243A Interpretation
243AB Effective control of property
243B Pecuniary penalties
243C Assessment of pecuniary penalty
243CA Court may lift corporate veil etc.
243D Presumption of illegality of importation
243E Court may make restraining order against property
243F Court may make further orders
243G Official Trustee to discharge pecuniary penalty
243H Revocation of order under section 243E
243J Pecuniary penalty a charge on property
243K Contravention of restraining orders
243L Sale of property before bankruptcy
243M Duties of the Official Trustee after receiving notice of presentation of creditor’s petition etc.
243N Protection of Official Trustee from personal liability in certain cases
243NA Indemnification of Official Trustee
243NB Indemnification of Official Receivers etc.
243P Costs etc. payable to Official Trustee
243Q Notices
243R Reduction of pecuniary penalty
243S Jurisdiction of the Court
Division 4—Provisions relating to certain strict liability offences
243SA Failure to answer questions
243SB Failure to produce documents or records
243SC Preservation of the privilege against self‑incrimination
243T False or misleading statements resulting in loss of duty
243U False or misleading statements not resulting in loss of duty
243V False or misleading statements in cargo reports or outturn reports
243W Electronic communications to Department to be treated as statements to Comptroller‑General of Customs
Division 5—Infringement notices
243X Infringement notices—general
243Y Infringement notices—forfeiture of goods that are prohibited imports if infringement notice paid
243Z Infringement notices—right of compensation in certain circumstances for goods disposed of or destroyed
Part XIV—Customs prosecutions
244 Meaning of Customs prosecution
245 Institution of prosecutions
247 Prosecutions in accordance with practice rules
248 State Court practice
249 Commencement of prosecutions
250 Information to be valid if in words of Act
250A Property in goods subject to customs control
251 No objection for informality
252 Conviction not to be quashed
253 Protection to witnesses
254 Defendant competent witness
255 Averment of prosecutor sufficient
256 Proof of proclamation etc.
257 Conduct by directors, employees or agents
259 Collector may levy on goods in his or her possession
261 Imprisonment not to release penalty
263 Parties may recover costs
264 Application of penalties
Part XV—Tenders for rights to enter goods for home consumption at concessional rates
265 Interpretation
266 Tender schemes
267 Undertakings relating to tenders
268 Transfers of rights to enter goods for home consumption at concessional rates of duty
269 Revocation or variation of undertaking
269A Recovery of penalties
Part XVA—Tariff concession orders
Division 1—Preliminary
269B Interpretation
269C Interpretation—core criteria
269D Interpretation—goods produced in Australia
269E Interpretation—the ordinary course of business
Division 2—Making and processing TCO applications
269F Making a TCO application
269FA The applicant’s obligation
269G Withdrawing a TCO application
269H Screening the application
269HA Comptroller‑General of Customs may reject a TCO application in relation to goods referred to in section 269SJ
269J Applications taken to be lodged in certain circumstances
269K Processing a valid application
269L Amendment of TCO applications
269M Comptroller‑General of Customs may invite submissions or seek other information, documents or material
269N Reprocessing of TCO applications
Division 3—Making and operation of TCOs
269P The making of a standard TCO
269Q The making of a TCO for goods requiring repair
269R Notification of TCO decisions
269S Operation of TCOs
269SA Consequence of commencement or cessation of production before TCO decision
Division 4—Revocation of TCOs
269SB Request for revocation of TCOs
269SC Processing requests for revocation of TCOs
269SD Revocation at the initiative of Comptroller‑General of Customs
269SE Notification of revocation decisions
269SF Comptroller‑General of Customs may seek information, documents or material relating to revocation
269SG Effect of revocation on goods in transit and capital equipment on order
Division 5—Miscellaneous
269SH Internal review
269SHA Administrative Review Tribunal Review of reconsideration decisions
269SJ TCOs not to apply to goods described by reference to their end use or certain goods
269SK TCOs not to contravene international agreements
Part XII—Officers
Division 1—Powers of officers
Subdivision A—Preliminary
183UA Definitions
(1) In this Division, unless the contrary intention appears:
authorised person means:
(a) in relation to an application for, or for the execution of, a search warrant—an officer of Customs; and
(b) in relation to an application for, or for the execution of, a seizure warrant in respect of goods referred to in subparagraph (a)(i) of the definition of forfeited goods:
(i) an officer of Customs; or
(ii) an officer of police; or
(iii) a member of the Defence Force; and
(c) in relation to an application for, or for the execution of, a seizure warrant in respect of goods referred to in subparagraph (a)(ii) or paragraph (b) of the definition of forfeited goods—an officer of Customs; and
(d) in relation to the exercise of powers under section 203B or 203C:
(i) an officer of Customs; or
(ii) an officer of police; or
(iii) a member of the Defence Force; and
(da) in relation to the exercise of powers under section 203CA or 203CB:
(i) an officer of Customs; or
(ii) a maritime officer who is exercising maritime powers under the Maritime Powers Act 2013 in relation to a ship or aircraft to which section 203CA of this Act applies; or
(iii) an officer of police; or
(iv) a member of the Defence Force; and
(e) in relation to an application for, or the execution of, a seizure warrant under section 203DA—an officer of Customs.
baggage means goods:
(a) that are carried by or for a traveller, including the captain and crew members, on board the same ship or aircraft as the traveller; or
(b) that a traveller intended to be so carried.
communication in transit means a communication (within the meaning of the Telecommunications Act 1997) passing over a telecommunications network (within the meaning of that Act).
container includes:
(a) a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another; and
(b) any baggage; and
(c) any other thing that is or could be used for the carriage of goods, whether or not designed for that purpose.
conveyance means an aircraft, railway rolling stock, vehicle or vessel of any kind.
Customs place means:
(aa) a place owned or occupied by the Commonwealth for use for the purposes of the Customs Acts; or
(a) a port, airport or wharf that is appointed, and the limits of which are fixed, under section 15; or
(aaa) a place to which a ship or aircraft has been brought because of stress of weather or other reasonable cause as mentioned in subsection 58(1), while that ship or aircraft remains at that place; or
(b) a place that is the subject of a permission under subsection 58(2); or
(c) a boarding station that is appointed under section 15; or
(d) a place described in a depot licence that is granted under section 77G; or
(e) a place covered by a warehouse licence that is granted under subsection 79(1); or
(f) a place approved in an instrument under subsection (2) as a place for the examination of international mail; or
(g) a place from which a ship or aircraft that is the subject of a permission under section 175 is required to depart, between the grant of that permission and the departure of the ship or aircraft; or
(h) a place to which a ship or aircraft that is the subject of a permission under section 175 is required to return, while that ship or aircraft remains at that place; or
(i) a section 234AA place that is not a place, or a part of a place, referred to in paragraph (aa), (a), (aaa), (b), (c), (d), (g) or (h).
data held in a computer includes:
(a) data held in any removable data storage device for the time being held in a computer; or
(b) data held in a data storage device on a computer network of which the computer forms a part.
data storage device means a thing containing, or designed to contain, data for use by a computer.
designated container means a container referred to in paragraph (c) of the definition of container.
engineered stone has the same meaning as in regulation 5M of the Customs (Prohibited Imports) Regulations 1956.
evidential material, in relation to an offence, whether the offence is indictable or summary, means a thing relevant to the offence, including such a thing in electronic form.
executing officer, in relation to a search warrant or to a seizure warrant, means:
(a) an authorised person named in the warrant by the judicial officer issuing it as being responsible for executing the warrant; or
(b) if that authorised person does not intend to be present at the execution of the warrant—any authorised person whose name has been written in the warrant by the authorised person so named; or
(c) another authorised person whose name has been written in the warrant by the authorised person last named in the warrant.
forfeited goods means:
(a) goods described as forfeited to the Crown under:
(i) section 228, 228A, 228B, 228C, 229, 229A or 230 of this Act; or
(ii) section 7, 10, 11 or 13 of the Commerce (Trade Descriptions) Act 1905; or
(b) tobacco forfeited to the Crown under paragraph 116(1)(aa) of the Excise Act 1901 in respect of an offence committed against a provision in Subdivision 308‑A in Schedule 1 to the Taxation Administration Act 1953.
judicial officer means:
(a) in relation to a search warrant, or to a seizure warrant under section 203:
(i) a magistrate; or
(ii) a justice of the peace or other person employed in a court of a State or Territory who is authorised to issue search warrants; or
(b) in relation to a seizure warrant under section 203DA:
(i) a Judge of the Federal Court of Australia or of the Supreme Court of the Australian Capital Territory in relation to whom a consent under subsection 183UD(1), and a nomination under subsection 183UD(2), are in force; or
(ii) a Judge of the Supreme Court of a State in respect of whom an appropriate arrangement in force under section 11 is applicable; or
(iii) a Judge of the Supreme Court of the Northern Territory who is not a Judge referred to in subparagraph (i) and in respect of whom an appropriate arrangement in force under section 11 is applicable.
occupier, in relation to premises that are a conveyance or a container, means the person having charge of the conveyance or container.
offence means:
(a) an offence against this Act; or
(b) an offence against the Commerce (Trade Descriptions) Act 1905; or
(c) an offence against section 72.13 or Division 307 or 361 of the Criminal Code; or
(d) an offence against a provision in Subdivision 308‑A in Schedule 1 to the Taxation Administration Act 1953.