Document ID: chunk:federal_register_of_legislation:C2025C00155:section:203b:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 203B (pt 2/2)
Character Range: 1284945–1286462

the person having immediate physical possession of the container to be searched is present at the time when the container is searched.
 (2C) For the avoidance of doubt, the power of the authorised person under subsection (2) to seize, without warrant, goods found as a result of a search of, or at, a Customs place that are reasonably suspected of being special forfeited goods includes the power to seize, without warrant, any goods that:
 (a) have been produced as a result of a frisk search of a person; or
 (b) have been discovered on the body of a person as a result of an external search or an internal search of the person;
if the search is conducted under Division 1B at the Customs place and the goods are reasonably so suspected.
 (3) If, in the course of searching under subsection (2) or (2A) for special forfeited 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 special forfeited goods, the authorised person may, without warrant, seize that thing whether or not the authorised person has found any such special forfeited goods.
 (4) For the purposes of a search conducted under subsection (2) or (2A), 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.