(iii) a thing that is reasonably suspected of being intended to be used for the purpose of committing the offence; or
(b) in relation to a contravention of a sponsorship‑related provision or a work‑related provision:
(i) a thing with respect to which the provision has been contravened or is reasonably suspected of having been contravened; or
(ii) a thing that it is reasonably suspected will afford evidence as to the contravention of the provision; or
(iii) a thing that is reasonably suspected of being intended to be used for the purpose of contravening the provision.
issuing officer means:
(a) a magistrate; or
(b) a Judge of the Federal Circuit and Family Court of Australia (Division 2); or
(c) a Judge of the Federal Court.
Note: For conferral of powers on an issuing officer, see section 487ZH.
occupier, in relation to premises comprising a vehicle or vessel, means the person apparently in charge of the vehicle or vessel.
person assisting has the meaning given by section 487H.
premises includes the following:
(a) a structure, building, vehicle or vessel;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or (b).
related provision means:
(a) a sponsorship‑related offence; or
(b) a sponsorship‑related provision; or
(c) a work‑related offence; or
(d) a work‑related provision.
search powers has the meaning given by sections 487E, 487F and 487G.
search warrant means:
(a) a warrant issued by an issuing officer under section 487ZC; or
(b) a warrant signed by an issuing officer under section 487ZD.
sponsorship‑related offence means:
(a) an offence against Subdivision D of Division 12 of Part 2; or
(b) an offence against section 6 of the Crimes Act 1914 that relates to an offence against that Subdivision; or
(c) an ancillary offence (within the meaning of the Criminal Code) that is, or relates to, an offence against that Subdivision.
sponsorship‑related provision means a civil penalty provision in Subdivision D of Division 12 of Part 2.
Division 2—Requiring persons to give information or produce documents
487B Secretary or Australian Border Force Commissioner may require a person to give information or produce a document
(1) If the Secretary or Australian Border Force Commissioner has reason to believe that a person has information or a document that is relevant to:
(a) a possible sponsorship‑related offence; or
(b) a possible contravention of a sponsorship‑related provision; or
(c) a possible work‑related offence; or
(d) a possible contravention of a work‑related provision;
the Secretary or Australian Border Force Commissioner may, by written notice given to the person, require the person to give the information, or to produce the document, to an authorised officer.
Content of notice
(2) The notice must:
(a) specify the period (which must be at least 14 days after the notice is given to the person) within which the person is required to comply with the notice; and
(b) specify how the information or document must be given; and
(c) set out the effect of subsection (3) and sections 137.1 and 137.2 of the Criminal Code.
Offence
(3) A person commits an offence if:
(a) the person is given a notice under subsection (1); and
(b) the person fails to comply with the notice.
Penalty: 30 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(5) Subsection (3) does not apply to the extent that the person is not capable of complying with the notice.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
487C Self‑incrimination
(1) A person is not excused from giving information or producing a document under section 487B on the ground that the information or the production of the document might tend to incriminate the person or expose the person to a penalty.
(2) However, in the case of an individual:
(a) the information given or document produced; and
(b) giving the information or producing the document; and
(c) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document;
are not admissible in evidence against the individual:
(d) in criminal proceedings (other than proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to Subdivision C or D of Division 12 of Part 2 of this Act); or
(e) in civil proceedings (other than proceedings for a civil penalty order for an alleged contravention of a sponsorship‑related provision or a work‑related provision).
Division 3—Search warrants
Subdivision A—Search powers
487D Authorised officer may enter premises by consent or under a search warrant
(1) If an authorised officer reasonably suspects that there may be evidential material on any premises, the authorised officer may:
(a) enter the premises; and
(b) exercise the search powers.
(2) However, an authorised officer is not authorised to enter the premises unless:
(a) the occupier of the premises has consented to the entry and the authorised officer has shown his or her identity card if required by the occupier; or
(b) the entry is made under a search warrant.
Note: If entry to the premises is with the occupier’s consent, the authorised officer must leave the premises if the consent ceases to have effect (see section 487L).
487E Search powers of authorised officers
The following are the search powers that an authorised officer may exercise in relation to premises under section 487D:
(a) if entry to the premises is with the occupier’s consent—the power to search the premises and any thing on the premises for the evidential material the authorised officer reasonably suspects may be on the premises;
(b) if entry to the premises is under a search warrant:
(i) the power to search the premises, and any thing on the premises, for the kind of evidential material specified in the warrant; and
(ii) the power to seize evidential material of that kind if the authorised officer finds it on the premises;
(c) the power to inspect, examine, take measurements of, conduct tests on or take samples of evidential material referred to in paragraph (a) or (b);
(d) the power to make any still or moving image or any recording of the premises or evidential material referred to in paragraph (a) or (b);
(e) the power to take onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;
(f) the powers set out in subsections 487F(1) and (2) and section 487G.
487F Powers relating to electronic equipment
(1) The search powers include the power to operate electronic equipment on the premises if the authorised officer reasonably suspects that:
(a) the equipment; or
(b) a disk, tape or other storage device that:
(i) is on the premises; and
(ii) can be used with the equipment or is associated with it;
contains evidential material referred to in paragraph 487E(a) or (b).
(2) The search powers include the following powers in relation to evidential material described in subsection (1) found in the exercise of the power under that subsection:
(a) if entry to the premises is under a search warrant—the power to seize the equipment and the disk, tape or other storage device referred to in that subsection;
(b) the power to operate electronic equipment on the premises to put the evidential material in documentary form and remove the documents so produced from the premises;
(c) the power to operate electronic equipment on the premises to transfer the evidential material to a disk, tape or other storage device that:
(i) is brought to the premises for the exercise of the power; or
(ii) is on the premises and the use of which for that purpose has been agreed to in writing by the occupier of the premises;
and remove the disk, tape or other storage device from the premises.
(3) An authorised officer may operate electronic equipment as mentioned in subsection (1) or (2) only if the authorised officer reasonably believes that the operation of the equipment can be carried out without damage to the equipment.
Note: For compensation for damage to electronic equipment, see section 487T.
(4) An authorised officer may seize equipment or a disk, tape or other storage device as mentioned in paragraph (2)(a) only if:
(a) it is not practicable to put the evidential material in documentary form as mentioned in paragraph (2)(b) or to transfer the evidential material as mentioned in paragraph (2)(c); or
(b) possession of the equipment or the disk, tape or other storage device by the occupier could constitute an offence against a law of the Commonwealth.
487G Seizing evidence of the contravention of related provisions etc.
(1) This section applies if an authorised officer enters premises under a search warrant to search for evidential material.
(2) The search powers include seizing a thing that is not evidential material of the kind specified in the warrant if:
(a) in the course of searching for the kind of evidential material specified in the warrant, the authorised officer finds the thing; and
(b) the authorised officer reasonably believes that:
(i) a related provision has been contravened with respect to the thing; or
(ii) the thing is evidence of the contravention of a related provision; or
(iii) the thing is intended to be used for the purpose of contravening a related provision; and
(c) the authorised officer reasonably believes that it is necessary to seize the thing in order to prevent its concealment, loss or destruction.
487H Persons assisting authorised officers
Authorised officers may be assisted by other persons
(1) An authorised officer may be assisted by other persons in exercising powers or performing functions or duties under this Division, if that assistance is necessary and reasonable. A person giving such assistance is a person assisting the authorised officer.
Powers of a person assisting the authorised officer
(2) A person assisting the authorised officer:
(a) may enter the premises; and
(b) may exercise powers and perform functions and duties under this Division in relation to evidential material; and
(c) must do so in accordance with a direction given to the person assisting by the authorised officer.
(3) A power exercised by a person assisting the authorised officer as mentioned in subsection (2) is taken for all purposes to have been exercised by the authorised officer.
(4) A function or duty performed by a person assisting the authorised officer as mentioned in subsection (2) is taken for all purposes to have been performed by the authorised officer.
(5) If a direction is given under paragraph (2)(c) in writing, the direction is not a legislative instrument.
487J Use of force in executing a search warrant
In executing a search warrant, an authorised officer, or a person assisting an authorised officer, may use such force against things as is necessary and reasonable in the circumstances.
Subdivision B—Powers of authorised officers to ask questions and seek production of documents
487K Authorised officer may ask questions and seek production of documents
Entry with consent
(1) If an authorised officer is authorised to enter premises because the occupier of the premises consented to the entry, the authorised officer may ask the occupier to:
(a) answer any questions relating to the reasons for the authorised officer entering the premises that are put by the authorised officer; and
(b) produce any document relating to the reasons for the authorised officer entering the premises that is requested by the authorised officer.
Entry under a search warrant
(2) If an authorised officer is authorised to enter premises by a search warrant, the authorised officer may require any person on the premises to:
(a) answer any questions relating to the reasons for the authorised officer entering the premises that are put by the authorised officer; and
(b) produce any document relating to the reasons for the authorised officer entering the premises that is requested by the authorised officer.
Offence
(3) A person commits an offence if:
(a) the person is subject to a requirement under subsection (2); and
(b) the person fails to comply with the requirement.
Penalty for contravention of this subsection: 30 penalty units.
Subdivision C—Obligations and incidental powers of authorised officers
487L Consent
(1) Before obtaining the consent of an occupier of premises for the purposes of paragraph 487D(2)(a), an authorised officer must inform the occupier that the occupier may refuse consent.
(2) A consent has no effect unless the consent is voluntary.
(3) A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.
(4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.
(5) If an authorised officer has entered premises because of the consent of the occupier of the premises, the authorised officer, and any person assisting the authorised officer, must leave the premises if the consent ceases to have effect.
487M Announcement before entry under search warrant
(1) Before entering premises under a search warrant, an authorised officer must:
(a) announce that he or she is authorised to enter the premises; and
(b) show his or her identity card to the occupier of the premises, or to another person who apparently represents the occupier, if the occupier or other person is present at the premises; and
(c) give any person at the premises an opportunity to allow entry to the premises.
(2) However, an authorised officer is not required to comply with subsection (1) if the authorised officer reasonably believes that immediate entry to the premises is required:
(a) to ensure the safety of a person; or
(b) to ensure that the effective execution of the search warrant is not frustrated.
(3) If:
(a) an authorised officer does not comply with subsection (1) because of subsection (2); and
(b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;
the authorised officer must show his or her identity card to the occupier or other person, as soon as practicable after entering the premises.
487N Authorised officer to be in possession of search warrant
An authorised officer who is executing a search warrant must be in possession of:
(a) the search warrant issued by the issuing officer under section 487ZC, or a copy of the warrant as so issued; or
(b) the form of search warrant completed under subsection 487ZD(6), or a copy of the form as so completed.
487P Details of search warrant etc. to be given to occupier
(1) An authorised officer must comply with subsection (2) if:
(a) a search warrant is being executed in relation to premises; and
(b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises.
(2) The authorised officer must, as soon as practicable:
(a) do one of the following:
(i) if the search warrant was issued under section 487ZC—make a copy of the warrant available to the occupier or other person (which need not include the signature of the issuing officer who issued it);
(ii) if the search warrant was signed under section 487ZD—make a copy of the form of warrant completed under subsection 487ZD(6) available to the occupier or other person; and
(b) inform the occupier or other person of the rights and responsibilities of the occupier or other person under Subdivision D.
487Q Completing execution of search warrant after temporary cessation
(1) This section applies if an authorised officer, and all persons assisting, who are executing a search warrant in relation to premises temporarily cease its execution and leave the premises.
(2) The authorised officer, and persons assisting, may complete the execution of the search warrant if:
(a) the warrant is still in force; and
(b) the authorised officer and persons assisting are absent from the premises:
(i) for not more than 1 hour; or
(ii) if there is an emergency situation, for not more than 12 hours or such longer period as allowed by an issuing officer under subsection (5); or
(iii) for a longer period if the occupier of the premises consents in writing.
Application for extension in emergency situation
(3) An authorised officer, or person assisting, may apply to an issuing officer for an extension of the 12‑hour period mentioned in subparagraph (2)(b)(ii) if:
(a) there is an emergency situation; and
(b) the authorised officer or person assisting reasonably believes that the authorised officer and the persons assisting will not be able to return to the premises within that period.
(4) If it is practicable to do so, before making the application, the authorised officer or person assisting must give notice to the occupier of the premises of his or her intention to apply for an extension.
Extension in emergency situation
(5) An issuing officer may extend the period during which the authorised officer and persons assisting may be away from the premises if:
(a) an application is made under subsection (3); and
(b) the issuing officer is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and
(c) the extension would not result in the period ending after the search warrant ceases to be in force.
487R Completing execution of search warrant stopped by court order
An authorised officer, and any persons assisting, may complete the execution of a search warrant that has been stopped by an order of a court if: