Commonwealth Consolidated Acts

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CUSTOMS ACT 1901 - SECT 203D

How an authorised person is to exercise certain powers

  (1)   An authorised person who exercises powers under section   203B, 203C, 203CA or 203CB in relation to a conveyance must not detain the conveyance for longer than is necessary and reasonable to exercise those powers.

  (2)   An authorised person exercising powers under section   203B, 203C, 203CA or 203CB may use such force as is necessary and reasonable in the circumstances, but must not:

  (a)   forcibly remove any container or other goods from a person's physical possession; or

  (b)   damage any place, conveyance, container or other goods of which the person is apparently in charge;

unless:

  (c)   the person has been given a reasonable opportunity to facilitate the exercise of the powers by providing access to the place, conveyance, container or goods or by opening the conveyance or container; or

  (d)   it is not possible to give that person such an opportunity.


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