ordinary search means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes or hat; and
(b) an examination of those items.
person assisting, in relation to a search warrant or to a seizure warrant, means:
(a) a person who is an authorised person and who is assisting in the execution of the warrant; or
(b) a person who is not an authorised person and who has been authorised by the Comptroller‑General of Customs to assist in executing the warrant.
premises includes a place, a conveyance or a container.
prohibited psychoactive substance means a psychoactive substance (within the meaning of Part 9.2 of the Criminal Code) that:
(a) is not a substance to which subsection 320.2(2) of the Criminal Code applies; and
(b) has been imported into Australia.
prohibited serious drug alternative means a substance:
(a) the presentation of which includes an express or implied representation that the substance is a serious drug alternative (within the meaning of Part 9.2 of the Criminal Code); and
(b) that is not a substance to which subsection 320.3(3) of the Criminal Code applies; and
(c) that has been imported into Australia.
recently used conveyance, in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search commenced.
search warrant means a warrant issued under section 198 or 199A.
seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.
seizure notice means:
(a) in relation to Subdivision G—a notice of the kind mentioned in section 205A; and
(b) in relation to Subdivision GA—a notice of the kind mentioned in section 209E.
seizure warrant means a warrant issued under section 203 or 203DA.
serious offence has the same meaning as in Part IAA of the Crimes Act 1914.
special forfeited goods means:
(a) forfeited goods referred to in paragraph 229(1)(a) that:
(i) are narcotic goods; or
(ii) are a prohibited psychoactive substance; or
(iii) are a prohibited serious drug alternative; or
(iv) consist of a border controlled precursor; or
(b) forfeited goods referred to in paragraph 229(1)(b), (da), (e), (n) or (na).
telecommunications facility means a facility within the meaning of the Telecommunications Act 1997.
vaping goods has the same meaning as in regulation 5A of the Customs (Prohibited Imports) Regulations 1956.
warrant premises means premises in relation to which a search warrant or a seizure warrant is in force.
(2) For the purposes of paragraph (f) of the definition of Customs place in subsection (1), the Comptroller‑General of Customs may, by legislative instrument, approve a place as a place for the examination of international mail.
(2AA) For the purposes of this Part, an offence against section 6 of the Crimes Act 1914 that relates to an offence against section 72.13 of the Criminal Code is taken to be an offence against section 72.13 of the Criminal Code.
(2A) For the purposes of this Part, an offence against section 6 of the Crimes Act 1914 that relates to an offence against Division 307 or 361 of the Criminal Code is taken to be an offence against that Division.
(3) For the purposes of this Part:
(a) an offence against section 141.1, 142.1, 142.2 or 149.1 of the Criminal Code that relates to this Act is taken to be an offence against this Act; and
(aa) an offence against section 141.1, 142.1, 142.2 or 149.1 of the Criminal Code that relates to section 72.13 of the Criminal Code is taken to be an offence against section 72.13 of the Criminal Code; and
(b) an offence against section 141.1, 142.1, 142.2 or 149.1 of the Criminal Code that relates to Division 307 or 361 of the Criminal Code is taken to be an offence against that Division.
183UB Law relating to legal professional privilege not affected
This Division does not affect the law relating to legal professional privilege.
183UC Comptroller‑General of Customs may give directions concerning the exercise of powers under this Division
The Comptroller‑General of Customs may, by legislative instrument, give directions concerning:
(a) the circumstances in which the powers in this Division may be exercised; and
(b) the officers of Customs who are entitled to exercise those powers; and
(c) the manner and frequency of reporting to the Comptroller‑General of Customs concerning the exercise of those powers.
183UD Judges who may issue seizure warrants for goods in transit
(1) A Judge of the Federal Court of Australia or of the Supreme Court of the Australian Capital Territory may, by writing, consent to be nominated by the Minister under subsection (2).
(2) The Minister may, by writing, nominate a Judge of a court referred to in subsection (1) in relation to whom a consent is in force under that subsection to be a judicial officer for the purposes of paragraph (b) of the definition of judicial officer in subsection 183UA(1).
Subdivision B—General regulatory powers
186 General powers of examination of goods subject to customs control
(1) Any officer may, subject to subsections (2) and (3), examine any goods subject to customs control, and the expense of the examination including the cost of removal to the place of examination shall be borne by the owner.
(2) In the exercise of the power to examine goods, the officer of Customs may do, or arrange for another officer of Customs or other person having the necessary experience to do, whatever is reasonably necessary to permit the examination of the goods concerned.
(3) Without limiting the generality of subsection (2), examples of what may be done in the examination of goods include the following:
(a) opening any package in which goods are or may be contained;
(b) using a device, such as an X‑ray machine or ion scanning equipment, on the goods;
(c) testing or analysing the goods;
(d) measuring or counting the goods;
(e) if the goods are a document—reading the document either directly or with the use of an electronic device;
(f) using dogs to assist in examining the goods.
(4) Goods that are subject to customs control under section 31 do not cease to be subject to customs control merely because they are removed from a ship or aircraft in the course of an examination under this section.
186AA General powers of examination of goods loaded onto or unloaded from ships or aircraft
(1) This section applies in relation to the following:
(a) a ship or aircraft in respect of a voyage or flight to a place in Australia from a place outside Australia;
(b) a ship or aircraft in respect of a voyage or flight to a place outside Australia from a place in Australia.
Goods to be loaded onto the ship or aircraft
(2) If:
(a) an officer has reason to believe that goods are to be loaded onto the ship or aircraft at an examinable place; and
(b) the goods are to be unloaded at another examinable place on the same voyage or flight;
then:
(c) any officer may, subject to subsections (5) and (6), examine the goods while the goods are at the examinable place mentioned in paragraph (a); and
(d) the goods are subject to customs control while the goods are being so examined.
Goods unloaded from the ship or aircraft
(3) If:
(a) goods are loaded onto the ship or aircraft at an examinable place; and
(b) the goods are unloaded from the ship or aircraft at another examinable place on the same voyage or flight;
then:
(c) any officer may, subject to subsections (5) and (6), examine the goods while the goods are at the examinable place mentioned in paragraph (b); and
(d) the goods are subject to customs control while the goods are being so examined.
Rules relating to examination of goods
(4) The expense of an examination referred to in subsection (2) or (3), including the cost of removal to the place of examination, is to be borne by the owner of the goods.
(5) In the exercise of the power to examine goods, an officer may do, or arrange for another officer or other person having the necessary experience to do, whatever is reasonably necessary to permit the examination of the goods.
(6) Without limiting subsection (5), examples of what may be done in the examination of goods include the following:
(a) opening any package in which goods are or may be contained;
(b) using a device, such as an X‑ray machine or ion scanning equipment, on the goods;
(c) testing or analysing the goods;
(d) measuring or counting the goods;
(e) if the goods are a document—reading the document either directly or with the use of an electronic device;
(f) using dogs to assist in examining the goods.
No limit on other provisions
(7) This section does not:
(a) limit the application of any other provision of this Act that provides for goods to be subject to customs control; and
(b) limit the application of any other provision of this Act that provides for the examination of goods.
Definition
(8) In this section:
examinable place means the following:
(a) a port or airport in Australia (whether the first port or airport or any subsequent port or airport on the same voyage or flight);
(b) 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);
(c) a place that is the subject of a permission under subsection 58(2).
186A Power to make copies of, and take extracts from, documents in certain circumstances
(1) If:
(a) a document is examined under section 186 or 186AA; and
(b) as a result of that examination, an officer of Customs is satisfied that the document or part of the document may contain information relevant to:
(i) an importation or exportation, or to a proposed importation or exportation, of prohibited goods; or
(ii) the commission or attempted commission of any other offence against this Act or of any offence against a prescribed Act; or
(iii) the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979; or
(iv) the performance of functions under section 6 of the Intelligence Services Act 2001; or
(v) security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979);
the officer of Customs may make a copy of, or take an extract from, the document, or arrange for another officer of Customs or other person having the necessary experience, to make such a copy or take such an extract.
(2) Without limiting the generality of subsection (1), a copy may be made of, or an extract taken from, a document:
(a) by photocopying the document or a part of the document; or
(b) by photographing the document or a part of the document; or
(c) by electronically scanning the document or a part of the document; or
(d) by making an electronic copy of information contained in the document or a part of the document; or
(e) by making a written copy of information contained in the document or a part of the document.
186B Compensation for damage caused by copying
(1) If an activity undertaken in relation to the copying of a document, or the taking of an extract from a document, causes its loss or destruction or causes damage to the document, and the loss or destruction or the damage occurred wholly or partly as a result of:
(a) insufficient care being exercised in selecting the person to undertake the activity; or
(b) insufficient care being exercised by the person undertaking the activity;
compensation for the damage is payable to the owner of the documents concerned.
(2) Compensation is payable out of money appropriated by the Parliament for the purpose.
(3) In this section, a reference either to the loss or destruction of a document, or to damage to a document, includes a reference to the erasure or addition of electronic data or the corruption of such data.
187 Power to board and search
An officer may:
(a) board any ship or aircraft; or
(b) board any Australian resources installation:
(i) that is subject to customs control; or
(ii) at which there is a ship or aircraft that has come to the installation from a place outside Australia; or
(iii) on which an officer has reasonable grounds to believe there are goods that are subject to customs control; or
(c) board a resources installation (other than an Australian resources installation) in respect of which permission under section 5A has been granted; or
(d) board any Australian sea installation:
(i) that is subject to customs control; or
(ii) at which there is a ship or aircraft that has come to the installation from parts beyond the seas; or
(iii) on which an officer has reasonable grounds to believe there are goods that are subject to customs control; or
(e) board a sea installation (other than an Australian sea installation) in respect of which permission under section 5B has been granted; or
(ea) board any Australian offshore electricity installation:
(i) that is subject to customs control; or
(ii) at which there is a ship or aircraft that has come to the installation from a place outside Australia; or
(iii) on which an officer has reasonable grounds to believe there are goods that are subject to customs control; or
(eb) board an overseas offshore electricity installation in respect of which permission under section 5BA has been granted; or
(f) search any ship or aircraft or an installation of the kind referred to in paragraph (b), (c), (d), (e), (ea) or (eb); or
(g) secure any goods on any ship or aircraft or on any installation of the kind referred to in paragraph (b), (c), (d), (e), (ea) or (eb).
188 Boarding
(1) The power of an officer to board shall extend to staying on board any ship, aircraft or installation and the Collector may station an officer on board any ship, aircraft or installation, and the master or pilot shall provide sleeping accommodation in the cabin and suitable and sufficient food for such officer.
Penalty: 30 penalty units.
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
189 Searching
The power of an officer to search shall extend to every part of any ship, aircraft or installation, and shall authorize the opening of any package, locker, or place and the examination of all goods.
189A Officers may carry arms in certain circumstances
(1) Subject to any directions from the Comptroller‑General of Customs, an authorised arms issuing officer:
(a) may issue approved firearms and other approved items of personal defence equipment to officers authorised to carry arms, for the purpose of enabling the safe exercise, by such officers, of powers conferred on them under this Act or any other Act; and
(b) must take all reasonable steps to ensure that approved firearms, and other approved items of personal defence equipment, that are available for issue under paragraph (a), are kept in secure storage at all times when not required for use.
(2) The Comptroller‑General of Customs may, by legislative instrument, give directions relating to the deployment of approved firearms and other approved items of personal defence equipment under this section. The directions may deal with:
(a) the circumstances in which approved firearms and other approved items of personal defence equipment may be issued; and
(b) the circumstances in which such firearms and other items of equipment are to be recalled; and
(c) the circumstances in which such firearms and other items of equipment can be used and the manner of their use; and
(d) the nature of the secure storage of such firearms and other items of equipment when recalled; and
(e) any other matters relating to the deployment of such firearms and other items of equipment the Comptroller‑General of Customs thinks appropriate.
(3) An officer is not required under, or by reason of, a law of a State or Territory:
(a) to obtain a licence or permission for the possession or use of an approved firearm or approved item of personal defence equipment; or
(b) to register such a firearm or other item of equipment.
(4) Nothing in this section affects the operation of any other provision of, or of the regulations under, this Act to the extent that that provision relates to the use of firearms in circumstances other than the circumstances referred to in this section.
(5) In this section:
approved firearm means a firearm of a kind declared by the regulations to be an approved firearm for the purposes of this section.
approved item of personal defence equipment means an extendable baton, an oleoresin capsicum spray or anti‑ballistic clothing, and includes any other item that is declared by the regulations to be an approved item of personal defence equipment for the purposes of this section.
authorised arms issuing officer means an officer of Customs authorised under subsection (6) to exercise the powers or perform the functions of an authorised arms issuing officer under this section.
officer authorised to carry arms means an officer of Customs authorised under subsection (7) to use approved firearms and approved items of personal defence equipment issued by an authorised arms issuing officer for the purpose specified in paragraph (1)(a).
(6) The Comptroller‑General of Customs may, by writing, authorise an officer of Customs to exercise the powers or perform the functions of an authorised arms issuing officer under this section.
(7) The Comptroller‑General of Customs may, by writing, authorise an officer of Customs to use approved firearms and approved items of personal defence equipment issued by an authorised arms issuing officer for the purpose specified in paragraph (1)(a).
190 Securing goods
The power of an officer to secure any goods shall extend to fastening down hatchways and other openings into the hold and locking up, sealing, marking or otherwise securing any goods.