Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p25
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 59727–62442

and

    (e) if the warrant so allows:

SCHEDULE 4—continued

        (i) to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or a person assisting suspects on reasonable grounds that the person has any goods that are goods the subject of the warrant or special forfeited goods in his or her possession; and

        (ii) to seize any such goods found in the course of that search.

"(2) Without limiting the generality of the powers conferred by a warrant issued in respect of premises that are not a conveyance or a container, the warrant extends to every conveyance or container on the premises.

"(3) Without limiting the generality of the powers conferred by a warrant issued in respect of premises that are a conveyance, the warrant;

    (a) permits entry of the conveyance, wherever it is; and

    (b) extends to every container on the conveyance.

"(4) A warrant issued in respect of premises that are a container permits entry of the container, wherever it is, to the extent that it is of a size permitting entry.

"(5) If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.

"(6) If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised must not be done under the warrant.

Seizure without warrant of special forfeited goods, or of evidential material relating to special forfeited goods, at a Customs place

"203B.(1) This section applies if an authorised person suspects on reasonable grounds that there are special forfeited goods:

    (a) at, or in a container at, a Customs place; or

    (b) in, on, or in a container on, a conveyance at a Customs place.

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

"(2) The authorised person may, without warrant:

    (a) search the Customs place, or the container at that place, for the special forfeited goods; or

    (b) stop and detain at the Customs place the conveyance and search it and any container on it for the special forfeited goods;

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

SCHEDULE 4—continued

"(3) If, in the course of searching 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 thai thing whether or not the authorised person has found any such special forfeited goods.

"(4) For the purposes of the search, the authorised