Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p17
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 40071–42860

the kind referred to in section 205A;

'seizure warrant' means a warrant issued under section 203;

'special forfeited goods' means forfeited goods that are referred to in paragraph 229(1)(b) or (n);

'warrant premises' means premises in relation to which a search warrant or a seizure warrant is in force.

"(2) An instrument of approval of a place as a place for the examination of international mail is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Law relating to legal professional privilege not affected

"183UB. This Division does not affect the law relating to legal professional privilege.

CEO may give directions concerning the exercise of powers under this Division

"183UC.(1) Without limiting the generality of the power conferred on the CEO under subsection 4(4) of the Customs Administration Act 1985, the CEO may give directions in writing under that subsection concerning:

    (a) the circumstances in which the powers in this Division may be exercised; and

    (b) the officers of Customs who are entitled to exercise those powers; and

SCHEDULE 4—continued

    (c) the manner and frequency of reporting to the CEO concerning the exercise of those powers.

"(2) A direction given for the purposes of subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

"Subdivision B—General regulatory powers".

27. After paragraph 185(2)(b):

Insert:

"(ba) secure any goods found on the ship or aircraft;".

28. Sections 197, 197A, 198, 199, 200, 201, 202 and 203:

Repeal the sections, substitute the following section, Subdivisions and Subdivision heading:

Power to stop conveyances about to leave a Customs place

"197.(1) If a conveyance is about to leave a Customs place, an officer of Customs may:

    (a) require the conveyance to stop; and

    (b) check to establish that there is appropriate documentation authorising the movement from the Customs place of any goods in or on the conveyance that are subject to the control of Customs within the meaning of section 30.

"(2) For the purposes of subsection (1), an officer of Customs may question the person apparently in charge of the conveyance about any goods in, on, or in a container on, the conveyance.

"(3) The power in paragraph (1)(b) includes a power to give directions relating to:

    (a) the unloading of any goods from the conveyance; or

    (b) their movement to a particular part of the Customs place for further examination.

"(4) If a direction under subsection (3) is not complied with, an officer of Customs may do what is necessary to give effect to the direction or to arrange for it to be done.

"(5) An officer of Customs must not detain a conveyance under this section for longer