Document ID: chunk:federal_register_of_legislation:C2024C00800:section:245f:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 245F (pt 1/4)
Character Range: 745973–748638

245F  Power to board and search etc. aircraft

Application of section to aircraft
 (2) This section applies to an aircraft that has landed in Australia for boarding as a result of a request made under section 245E.

Officer's powers
 (3) An officer may:
 (a) board and search the aircraft; and
 (b) search and examine any goods found on the aircraft; and
 (c) secure any goods found on the aircraft; and
 (d) require all persons found on the aircraft to answer questions, and produce any documents in their possession, in relation to the following:
 (i) the aircraft and its flight, cargo, stores, crew and passengers;
 (ii) the identity and presence of those persons on the aircraft;
 (iii) a contravention, an attempted contravention or an involvement in a contravention or attempted contravention, either in or outside Australia, of this Act; and
 (e) copy, or take extracts from, any document:
 (i) found on the aircraft; or
 (ii) produced by a person found on the aircraft as required under paragraph (d); and
 (f) arrest without warrant any person found on the aircraft if the officer reasonably suspects that the person has committed, is committing or attempting to commit, or is involved in the commission of, an offence, either in or outside Australia, against this Act.

Help to search
 (5) Without limiting the generality of paragraph (3)(a), an officer may use a dog to assist in searching the aircraft.

Help to examine goods
 (6) In the exercise of the power under paragraph (3)(b) to examine goods, the officer may do, or arrange for another officer or other person having the necessary experience to do, whatever is reasonably necessary to permit the examination of the goods.

Examples of examining goods
 (7) Without limiting the generality of subsection (6), examples of what may be done in the examination of goods include the following:
 (a) opening any package in which goods are or may be contained;
 (b) using a device, such as an X‑ray machine or ion scanning equipment, on the goods;
 (c) if the goods are a document—reading the document either directly or with the use of an electronic device;
 (d) using a dog to assist in examining the goods.

Power to detain and move aircraft
 (8) An officer may detain the aircraft and bring it, or cause it to be brought, to a port, or to another place, that he or she considers appropriate if the officer reasonably suspects that the aircraft is or has been involved in a contravention, either in or outside Australia, of this Act.

People on detained aircraft
 (8A) If an officer detains an aircraft under this section, any restraint on the liberty of any person found on the aircraft that results