Document ID: chunk:federal_register_of_legislation:C2025C00155:section:203b:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 203B (pt 1/2)
Character Range: 1282448–1285187

203B  Seizure without warrant of special forfeited goods, or of evidential material relating to special forfeited goods, at a Customs place
 (1) This section applies in 2 circumstances, namely:
 (a) in a circumstance where an authorised person suspects on reasonable grounds that there are special forfeited goods:
 (i) at, or in a container (other than a designated container in the immediate physical possession of a person to whom subparagraph (b)(i) applies) at, a Customs place; or
 (ii) in, on, or in a container (other than a designated container in the immediate physical possession of a person to whom subparagraph (b)(i) applies) on, a conveyance at a Customs place; or
 (b) in a circumstance where a person:
 (i) is at a Customs place that is also a designated place; and
 (ii) has a designated container, or has goods reasonably suspected by an authorised person to be special forfeited goods, in his or her immediate physical possession; but
 (iii) is not carrying that container or those goods on his or her body.
Note 1: Container and designated container have special definitions for the purposes only of this Division.
Note 2: The baggage of a passenger entering or leaving Australia or of the captain or crew of a vessel or aircraft so entering or leaving is not a designated container.
Note 3: To determine the question whether a person is carrying a designated container, or goods reasonably suspected of being special forfeited goods, on his or her body, see subsection 4(19).
 (2) In the circumstance referred to in paragraph (1)(a), the authorised person may, without warrant:
 (a) search the Customs place, or the container at that place, for special forfeited goods; or
 (b) stop and detain at the Customs place the conveyance and search it and any container on it for special forfeited goods;
as the case requires, and seize any goods that the authorised person reasonably suspects are special forfeited goods if the authorised person finds them there.
 (2A) In the circumstance referred to in paragraph (1)(b), an authorised person who is an officer of Customs may, without warrant:
 (a) search any designated container in the immediate physical possession of the person to whom that paragraph applies; and
 (b) seize any goods reasonably suspected by the authorised person of being special forfeited goods (whether or not those goods are found as a result of such a search).
 (2B) An authorised person must not exercise the powers referred to in subsection (2A) unless 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