CTHIn ForceAct
Excise Act 1901
87Power to stop conveyances about to leave an excise place
Start here
Get a plain-English read of 87
Turn the raw legal text into a practical explanation grounded in Excise Act 1901.
87 Power to stop conveyances about to leave an excise place
87AA Searches of conveyances without warrant
87A Powers of officers in relation to resources installations
87B Powers of officers in relation to sea installations
91 Examine all goods
92 Seals etc. not to be broken
Subdivision D—Powers of arrest
100 Power of arrest
102 Arrested persons to go before Justices
103 Power of Justices with offenders
104 Power to detain and search suspected persons
Subdivision E—Miscellaneous
106 Samples
107 Power to purchase samples
Division 1A—Search and seizure
107AA Definitions
107AAA Extension of Division to civil penalty for possession of tobacco without relevant documentation etc.
107AB Law relating to legal professional privilege not affected
Subdivision B—Search warrants in respect of things believed to be evidential material
107BA When search warrants can be issued
107BB The things that are authorised by a search warrant
107BC Use of equipment to examine or process things
107BD Use of electronic equipment on or in premises
107BE Compensation for damage to equipment or data
107BF Copies of seized things to be provided
Subdivision C—Seizure of goods believed to be forfeited goods
107CA When seizure warrants can be issued
107CB The things that are authorised by seizure warrants
Subdivision D—Provisions applicable both to search and seizure warrants
107DA Conduct of ordinary searches and frisk searches
107DB Announcement before entry
107DC Details of warrant to be given to occupier
107DD Occupier entitled to be present during search or seizure
107DE Availability of assistance and use of force in executing a warrant
107DF Specific powers available to executing officers
107DG Warrants by telephone or other electronic means
107DH Receipts for things seized under warrant
107DI Offence for making false statements in warrants
107DJ Offences relating to telephone warrants
Subdivision E—Dealing with things seized as evidential material under a search warrant or section 9 of the Crimes Act 1914
107EA Retention of things seized under a search warrant etc.
107EB Magistrate may permit a thing seized under a search warrant etc. to be retained
Subdivision F—Dealing with forfeited goods seized under a seizure warrant or section 9 of the Crimes Act 1914
107FA Seized goods to be secured
107FB Requirement to serve seizure notices
107FC Matters to be dealt with in seizure notices
107FD Claim for return of goods seized
107FE Treatment of goods seized if no claim for return is made
107FF Treatment of goods seized if a claim for return is made
107FG Magistrate may permit goods seized under a seizure warrant or section 9 of the Crimes Act 1914 to be retained
107FH Right of compensation in certain circumstances for goods disposed of or destroyed
107FI Effect of forfeiture
107FJ Immediate disposal of certain goods
107FK Release of goods on security
107FL Service by post
107FM Disposal of forfeited goods
107FN Destruction or concealment of evidential material or forfeited goods
Subdivision G—Miscellaneous
107GA Nature of functions of magistrate under sections 107EB and 107FG
107GB Retaining evidential material of goods immediately disposed of
107GC Appointment of analyst
107GD Evidentiary certificates in relation to goods immediately disposed of
Division 2—Protection to officers
108 Reasonable cause for seizure a bar to action
109 Notice of action to be given
110 Defect in notice not to invalidate
111 No evidence to be produced but that contained in notice
112 Officer may tender amends
113 Commencement of proceedings against officers
114 Time for commencing action
115 Security may be required
Part X—Penal provisions
116 Forfeiture
117 Unlawful possession of excisable goods
117A Unlawfully moving excisable goods
117B Unlawfully selling excisable goods
117BA Unlawfully selling LPG that is used for an excisable LPG use
117D Unlawfully moving tobacco leaf
117I Counterfeit tobacco labels
118 Illegal prevention of seizures
120 Offences
124 Collusive seizures penalty
127A Alternative penalties
128 Penalties in addition to forfeitures
Part XA—Penalty instead of prosecution
129A Purpose and effect of this Part
129B When an infringement notice may be issued
129C Matters to be included in an infringement notice
129D Due date for penalty
129E Effect of payment of penalty
129F Withdrawal of infringement notice
Part XI—Excise prosecutions
133 Meaning of Excise prosecution
134 Institution of prosecutions
136 Prosecution in accordance with practice rules
137 State Court practice
138 Commencement of prosecutions
139 Information etc. to be valid etc. if in words of Act
140 No objections for informality
141 Conviction not to be quashed
142 Protection to witnesses
143 Defendant a competent witness
144 Averment of prosecution sufficient
145 Proof of proclamations etc.
145A Conduct by directors, employees or agents
146 Minimum penalties
148 Collector may levy on goods in his or her possession
150 Imprisonment not to release penalty
151 Conviction to operate as a condemnation
152 Parties may recover costs
153 Application of penalties
Part XII—Disputes as to duty