Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 203A

  (1)   A seizure warrant that is in force under section   203 in relation to premises authorises the executing officer or a person assisting:

  (a)   to enter the warrant premises; and

  (b)   to search for the goods described in the warrant; and

  (c)   to seize the goods described in the warrant; and

  (d)   to seize other goods:

  (i)   that are found on or in the premises in the course of searching for the goods the subject of the warrant; and

  (ii)   that the executing officer or a person assisting believes on reasonable grounds to be special forfeited goods; and

  (e)   if the warrant so allows:

  (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, special forfeited goods or seizable items in his or her possession; and

  (ii)   to seize any such goods or items found in the course of that search; and

  (f)   if the warrant so allows:

  (i)   to conduct an ordinary search or a frisk search of a person who is at or near the premises if the executing officer or a person assisting suspects on reasonable grounds that the person has in his or her possession any relevant evidential material; and

  (ii)   to seize any relevant evidential material 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.

  (7)   In this section:

"relevant evidential material" means evidential material in relation to an offence by reason of the commission of which goods are believed to be:

  (a)   goods that are the subject of the warrant; or

  (b)   special forfeited goods.