67Power to search baggage etc.

##### 67 Power to search baggage etc. (1) An inspector may examine any goods that are to be, are being, or have been, taken on or off a prescribed vessel or any goods that the inspector believes, on reasonable grounds, to be such goods. (2) An inspector may ask a person who owns, is carrying or is otherwise associated with, or appears to the inspector to be associated with, goods that the inspector is examining or entitled to examine under subsection (1) any question in respect of the goods. (3) A person shall not intentionally refuse or intentionally fail to answer a question put to the person under subsection (2). Penalty: 60 penalty units. (3A) Subsection (3) does not apply if the person has a reasonable excuse. > Note: The defendant bears an evidential burden in relation to the matter in subsection (3A). See subsection 13.3(3) of the Criminal Code. (4) In this section: > baggage, in relation to a prescribed vessel, includes any parcel or other goods that a passenger or member of the crew of the vessel has had with him or her on the vessel. > examine includes: (a) in relation to goods that are baggage, open and search the baggage; and (b) in relation to goods in a container, open and search the container. > goods includes a specimen and baggage. > member of the crew includes: (a) in relation to a ship—the master, a mate or an engineer of the ship; and (b) in relation to an aircraft—the pilot of the aircraft. > prescribed vessel means: (a) a ship that voyages between: (i) a place in Australia and a place outside Australia; or (ii) a place in an external Territory and a place outside that Territory; or (b) an aircraft that flies between: (i) a place in Australia and a place outside Australia; or (ii) a place in an external Territory and a place outside that Territory.