Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p26
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 62185–64900

offence committed in respect of those special forfeited goods, the authorised person may, without warrant, seize thai thing whether or not the authorised person has found any such special forfeited goods.

"(4) For the purposes of the search, the authorised person may question any person apparently in charge of the place, conveyance or container about any goods or thing at the place, in or on the conveyance, or in the container.

"(5) The authorised person must exercise his or her powers subject to section 203D.

Seizure without warrant of narcotic goods or of evidential material relating to narcotic goods at other places

"203C.(1) This section applies if:

    (a) an authorised person suspects on reasonable grounds that there are special forfeited goods that are narcotic goods:

        (i) at, or in a container at, a place other than a Customs place; or

        (ii) in, on, or in a container on, a conveyance at a place other than a Customs place; and

    (b) it is necessary to exercise a power under this section in order to prevent such goods from being concealed, lost or destroyed.

    Note: Container has a special definition for the purposes only of this Division.

"(2) The authorised person, without warrant:

    (a) search the place or any container at the place for the narcotic goods; or

    (b) stop and detain the conveyance about to leave the place, and search it and any container on it for the narcotic goods;

as the case requires, and seize the goods if the authorised person finds them there.

"(3) If, in the course of searching for special forfeited goods that are narcotic goods, an authorised person finds a thing that the authorised person believes on reasonable grounds is evidential material relating to an offence committed in respect of those goods, the authorised person may, without warrant, seize that thing whether or not the authorised person has found those goods.

"(4) For the purposes of the search, the authorised person may question any person apparently in charge of the place, conveyance or container about any goods or thing at the place, in or on the conveyance, or in the container.

SCHEDULE 4—continued

"(5) The authorised person must exercise his or her powers subject to section 203D.

How an authorised person is to exercise a power under section 203B or 203C

"203D.(1) An authorised person who exercises a power under section 203B or 203C in relation to a conveyance must not detain the conveyance for longer than is necessary and reasonable to search it and any container found on it.

"(2) An authorised person exercising a power under section 203B or 203C may use such 'force as is necessary and reasonable in the circumstances, but must