Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:9_33aa:p1
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 9 cl 33AA (pt 1/2)
Character Range: 220270–222902

33AA  Questioning and search powers in relation to bearer negotiable instruments

Officer may ask questions about bearer negotiable instruments

 (1) Any person who is about to leave Australia must, if requested to do so by an officer:
 (a) declare whether or not the person has with him or her any bearer negotiable instruments; and
 (b) declare the amount payable under each bearer negotiable instrument that the person has with him or her; and
 (c) produce to the officer each bearer negotiable instrument that the person has with him or her.

 (2) Any person who arrives in Australia must, if requested to do so by an officer:
 (a) declare whether or not the person has with him or her any bearer negotiable instruments; and
 (b) declare the amount payable under each bearer negotiable instrument that the person has with him or her; and
 (c) produce to the officer each bearer negotiable instrument that the person has with him or her.

Officer may copy bearer negotiable instruments

 (3) If a person produces a bearer negotiable instrument to an officer, the officer may make a copy of the bearer negotiable instrument. Once copied, the officer must return the bearer negotiable instrument to the person.

Application of subsections (5) and (6)

 (4) Subsections (5) and (6) apply only if:
 (a) an officer has asked a person questions under subsection (1) or (2); and
 (b) the officer has reasonable grounds to suspect that the person has made a declaration that is false or misleading (a false declaration).

Officer may conduct searches

 (5) The officer may, with such assistance as is reasonable and necessary, examine an article which the person has with him or her if the person:
 (a) is about to leave Australia or has arrived in Australia; or
 (b) is about to board or leave, or has boarded or left, any ship or aircraft;
for the purpose of finding out whether the person has with him or her any bearer negotiable instruments in respect of which a false declaration has been made.

 (6) The officer may, with such assistance as is reasonable and necessary, search the person if:
 (a) the person is about to leave Australia, or has arrived in Australia, or the person is about to board or leave, or has boarded or left, any ship or aircraft; and
 (b) the officer has reasonable grounds to suspect that there is on the person, or in clothing being worn by the person, a bearer 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