Commonwealth Consolidated Acts

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EXCISE ACT 1901 - SECT 104

Power to detain and search suspected persons

  (1)   If any officer or police officer has reasonable cause to suspect that any person is unlawfully carrying or has any goods subject to the CEO's control secreted about him or her:

  (a)   the officer may detain and search the suspected person;

  (b)   before the suspected person is searched he or she may require to be taken before a Justice or the Collector;

  (c)   the Justice or Collector may order the suspected person to be searched or may discharge him or her without search.

  (2)   A person may be searched under subsection   (1) only by a person of the same sex as the first - mentioned person.


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