Commonwealth Consolidated Acts

AUSTRALIAN PASSPORTS ACT 2005 - SECT 26

  (1)   A Customs officer may seize a document if:

  (a)   the document is not in the possession or control of any individual; and

  (b)   the officer suspects on reasonable grounds that the document is an Australian travel document or other document that has been used in the commission of an offence against this Act.

  (2)   If:

  (a)   a Customs officer suspects on reasonable grounds that a document that has been used in the commission of an offence against this Act is inside a container; and

  (b)   the container is not in the possession or control of any individual;

the officer may search the container for the purposes of determining whether such a document is inside.

  (3)   This section does not authorise a Customs officer to enter premises that the officer would not otherwise be authorised to enter.

  (4)   In this section:

"container" includes baggage, a mail receptacle, and any other thing that could be used for the carriage of goods (whether or not designed for that purpose).

"Customs officer" means an officer within the meaning of paragraph   (d) of the definition of officer in subsection   6(1).

Note 1:   An offence against this Act that is punishable by a term of imprisonment of more than one year is an indictable offence (see section   4G of the Crimes Act 1914 ).

Note 2:   In certain circumstances, an indictable offence may be tried summarily (see section   4J of the Crimes Act 1914 ).

Note 3:   Some offences are also contained in Part   3.