Document ID: chunk:federal_register_of_legislation:C2025C00044:section:199:p1
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 199 (pt 1/4)
Character Range: 441463–444081

199  Questioning and search powers in relation to monetary instruments

Person leaving Australia
 (1) A person who is:
 (a) about to leave Australia; or
 (b) in an embarkation area for the purpose of leaving Australia;
must, if required to do so by a police officer or a customs officer:
 (c) declare whether or not the person has with him or her any monetary instruments; and
 (d) declare the sum of the monetary instrument amounts for the monetary instruments that the person has with him or her; and
 (e) declare whether or not, to the best of the person's knowledge and belief, a report under section 53 has been given in respect of any monetary instruments that the person has with him or her; and
 (f) produce to the officer any monetary instruments that the person has with him or her.

Person arriving in Australia
 (2) A person who arrives in Australia must, if required to do so by a police officer or a customs officer:
 (a) declare whether or not the person has with him or her any monetary instruments; and
 (b) declare the sum of the monetary instrument amounts for the monetary instruments that the person has with him or her; and
 (c) declare whether or not, to the best of the person's knowledge and belief, a report under section 53 has been given in respect of any monetary instruments that the person has with him or her; and
 (d) produce to the officer any monetary instruments that the person has with him or her.

Officer may copy bearer negotiable instruments
 (2AA) If a person produces to a police officer or a customs officer under paragraph (1)(f) or (2)(d):
 (a) a bearer negotiable instrument; or
 (b) a thing prescribed by the AML/CTF Rules for the purposes of paragraph (c) of the definition of monetary instrument in section 5 that is able to be copied;
the officer may make a copy of the instrument or thing. Once copied, the officer must return the instrument or thing to the person.

Person leaving or arriving in Australia—seizing monetary instrument
 (2A) A police officer or a customs officer may seize a monetary instrument produced to the officer under paragraph (1)(f) or (2)(d) if:
 (a) the police officer or customs officer has reasonable grounds to suspect that the monetary instrument may afford evidence as to the commission of an offence against section 53; or
 (b) the police officer or customs officer has reasonable grounds to suspect that the monetary instrument may be of interest under subsection (14).

Powers of examination and search
 (3) A police officer or a customs officer may, with such assistance as is reasonable and necessary, examine an article which a