Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p15
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 35141–37886

in relation to an application for, or for the execution of, a seizure warrant in respect of goods referred to in paragraph (a) of the definition of 'forfeited goods':

        (i) an officer of Customs; or

        (ii) an officer of police; or

        (iii) a member of the Defence Force; and

    (c) in relation to an application for, or for the execution of, a seizure warrant in respect of goods referred to in paragraphs (b), (c), (d), (e) and (f) of the definition of 'forfeited goods'—an officer of Customs; and

    (d) in relation to the exercise of powers under section 203B or 203C:

        (i) an officer of Customs; or

        (ii) an officer of police; or

        (iii) a member of the Defence Force;

'baggage' means goods:

    (a) that are carried by or for a traveller, including the captain and crew members, on board the same ship or aircraft as the traveller; or

    (b) that a traveller intended to be so carried;

'container' includes:

    (a) a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another; and

    (b) any baggage that is or could be used for the enclosure of other baggage;

'conveyance' means an aircraft, railway rolling stock, vehicle or vessel of any kind;

'Customs place' means:

    (a) a port, airport or wharf that is appointed, and the limits of which are fixed, under section 15; or

    (b) a place that is the subject of a permission under subsection 58(2); or

    (c) a boarding station that is appointed under section 15; or

    (d) a place that is appointed under paragraph 17(b); or

    (e) a place described in a licence for warehousing goods that is granted under subsection 79(1); or

    (f) a place that is approved, in writing, by the CEO as a place for the examination of international mail;

    Note: Subsection (2) provides for parliamentary disallowance of an instrument approving a place under paragraph (f) of the definition.

SCHEDULE 4—continued

'evidential material', in relation to an offence, whether the offence is indictable or summary, means a thing relevant to the offence, including such a thing in electronic form;

'executing officer', in relation to a search warrant or to a seizure warrant, means:

    (a) an authorised person named in the warrant by the judicial officer issuing it as being responsible for executing the warrant; or

    (b) if that authorised person does not intend to be present at the execution of the warrant—any authorised person whose name has been written in the warrant by the authorised person so named; or

    (c) another authorised person whose name has been written in the warrant by the authorised person last named in the warrant;

'forfeited