Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:9_33aa:p2
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 9 cl 33AA (pt 2/2)
Character Range: 222664–224639

negotiable instrument in respect of which a false declaration has been made;
for the purpose of finding out whether the person has with him or her any such bearer negotiable instrument.

 (7) A customs officer may only exercise the powers under subsection (6) if the customs officer is one in respect of whom a declaration under section 219ZA of the Customs Act 1901 is in force.

 (8) A person must not be searched under subsection (6) except by a person of the same sex.

Officer may conduct searches on board a ship or aircraft

 (9) The officer, and any person assisting the officer, may:
 (a) board any ship or aircraft; or
 (b) go onto or enter any prescribed place;
for the purpose of exercising the powers conferred by subsection (1), (2), (5), (6) or (10).

Officer may seize bearer negotiable instrument

 (10) If, in the course of an examination or search under subsection (5) or (6), an officer finds a bearer negotiable instrument in respect of which a false declaration has been made, the officer may seize it.

 (11) If a person produces a bearer negotiable instrument to an officer in respect of which a false declaration has been made, the officer may seize it.

Offence

 (12) A person commits an offence if the person contravenes subsection (1) or (2).

Penalty: Imprisonment for one year.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on an individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.

Definitions

 (13) In this section:

officer and prescribed place have the same respective meanings as in section 33.

Note: The heading to section 33 is altered by adding at the end "in relation to currency".