Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_70a
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 70A
Character Range: 165084–166723

70A  Power to search goods

 (1) A quarantine officer may search and examine any goods which, or which a quarantine officer believes on reasonable grounds:
 (a) are about to be placed on, are on, or have been taken off or out of, an overseas vessel; or
 (b) are on, or are about to be placed on, a vessel or installation in the Protected Zone or a Special Quarantine Zone that is about to travel to a place in Australia; or
 (c) are on, or have been taken off or out of, a vessel or installation that has travelled to a place in Australia from or through a place in the Protected Zone or a Special Quarantine Zone.

 (2) A quarantine officer may ask a person who owns, is carrying or is otherwise associated with, or appears to the quarantine officer to be associated with, goods that the quarantine officer is searching or examining or entitled to search or examine under subsection (1) any question in respect of the goods relating to matters within the functions, duties or powers of the quarantine officer.

 (3) A person is guilty of an offence if:
 (a) the person is asked a question under subsection (2); and
 (b) the person fails to answer the question.

Maximum penalty: 60 penalty units.

 (4) A person is guilty of an offence if:
 (a) the person answers a question asked under subsection (2); and
 (b) the answer contains a statement that the person knows to be false or misleading in a material particular.

Maximum penalty: Imprisonment for 2 years.

 (5) An offence against subsection (3) is an offence of strict liability.

Note: This section is subject to the privilege against self incrimination (see subsection 79A(3)).