Document ID: chunk:federal_register_of_legislation:C2004A04500:body:0:p13
Version: federal_register_of_legislation:C2004A04500
Segment Type: other
Provision Reference: 
Character Range: 30914–33674

of the ship or its equipment;";

  (b) by inserting in subsection (7) the following definition:

     " 'northern mining activities' means activities associated with or incidental to, the exploration for, or exploitation of, oil or natural gas in waters within the geographical boundaries of 100° east longitude to 140° east longitude and the equator to 30° south latitude;".

Payments under protest

22. Section 167 of the Principal Act is amended by inserting in subsection (3A) "at the time of making payment in respect of those goods following an import entry advice under section 71B" after "transmits to Customs".

Repeal and substitution of section 197

23. Section 197 of the Principal Act is repealed and the following section is substituted:

Power to stop and search vehicles

  "197.(1) A Customs officer may request the driver of:

  (a)     any carriage in a Customs place; or

    (b)     any carriage carrying goods that are subject to Customs control within the meaning of section 30; or

    (c)     any carriage that a Customs officer reasonably believes to be carrying goods that are subject to Customs control within the meaning of section 30;

either to permit the carriage to be searched or both to stop the carriage and to permit it to be searched.

"(2) A driver of whom a request is made under subsection (1) must not, without reasonable excuse, refuse or fail to comply with the request.

Penalty: $1,000.

"(3) A Customs officer may request the driver of a carriage to permit the carriage to be searched, or both to stop the carriage and permit it to be searched, otherwise than in the circumstances referred to in subsection (1), only if the officer has reasonable grounds to suspect:

     (a)     that the carriage has been used, or is being used, in the commission of an offence against this Act; and

     (b)     that the search of the carriage is necessary to prevent a thing in the carriage from being concealed, lost or destroyed; and

     (c)     that the power to search the carriage needs to exercised without a warrant because the circumstances of the case are serious and urgent.

  "(4) In this section, '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 boarding station that is appointed under section 15; or

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

     (d)     a place described in a licence for warehousing goods that is granted under subsection 79(1).".

Security of identifying codes and PIN numbers

24. Section 234AC of the Principal Act is amended by inserting after subsection (2) and before the penalty at the foot of that subsection the following subsection:

  "(3) A registered