Commonwealth Numbered Acts Commonwealth Numbered Acts(1) A person who is:
(a) about to leave Australia; or
(b) in an embarkation area for the purpose of leaving Australia;
must, if required to do so by a police officer or a customs officer:
(c) declare whether or not the person has with him or her any Australian currency or foreign currency; and
(d) declare the total amount of any Australian currency or foreign currency that the person has with him or her; and
(e) declare whether or not, to the best of the person's knowledge and belief, a report under section 53 has been given in respect of any Australian currency or foreign currency that the person has with him or her; and
(f) produce to the officer any Australian currency or foreign currency that the person has with him or her.
(2) A person who arrives in Australia must, if required to do so by a police officer or a customs officer:
(a) declare whether or not the person has with him or her any Australian currency or foreign currency; and
(b) declare the total amount of any Australian currency or foreign currency that the person has with him or her; and
(c) declare whether or not, to the best of the person's knowledge and belief, a report under section 53 has been given in respect of any Australian currency or foreign currency that the person has with him or her; and
(d) produce to the officer any Australian currency or foreign currency that the person has with him or her.
Powers of examination and search
(3) A police officer or a customs officer may, with such assistance as is reasonable and necessary, examine an article which a person has with him or her if the person:
(a) is about to leave Australia or has arrived in Australia; or
(b) is about to board or leave, or has boarded or left, any ship or aircraft;
for the purpose of finding out whether the person has with him or her any physical currency in respect of which a report under section 53 is required.
(4) Either:
(a) a police officer; or
(b) a customs officer in respect of whom a declaration under section 219ZA of the Customs Act 1901 is in force;
may, with such assistance as is reasonable and necessary, search a person for the purpose of finding out whether the person has with him or her any physical currency in respect of which a report under section 53 is required, so long as:
(c) any of the following subparagraphs applies:
(i) the person is about to leave Australia;
(ii) the person has arrived in Australia;
(iii) the person is about to board or leave a ship or aircraft;
(iv) the person has boarded or left a ship or aircraft; and
(d) the officer has reasonable grounds to suspect that there is on the person, or in clothing being worn by the person, physical currency in respect of which a report under section 53 is required.
(5) If a police officer or a customs officer has reasonable grounds to suspect that physical currency found in the course of an examination or search under subsection (3) or (4) may afford evidence as to the commission of an offence against section 53, the officer may seize the physical currency.
(6) A person must not be searched under subsection (4) except by a person of the same sex.
Boarding of ships and aircraft
(7) A police officer or a customs officer, and any person assisting a police officer or customs officer, may board a ship or aircraft for the purpose of exercising the powers conferred by subsection (1), (2), (3) or (4).
(8) A police officer or a customs officer may, with such assistance as is reasonable and necessary:
(a) board a ship or aircraft; and
(b) examine or search the ship or aircraft, and any goods found on the ship or aircraft;
for the purpose of ascertaining whether there is on board the ship or aircraft any physical currency in respect of which a report under section 53 is required.
Entry to eligible places
(9) A police officer or a customs officer may, with such assistance as is reasonable and necessary:
(a) go onto or enter any eligible place; and
(b) examine the place, and any goods found at or in it;
for the purpose of finding out whether there is at or in the place, or in the goods, any physical currency in respect of which a report under section 53 is required.
Seizure
(10) If a police officer or a customs officer has reasonable grounds to suspect that physical currency found in the course of an examination or search under subsection (8) or (9) may afford evidence as to the commission of an offence against section 53, the officer may seize the physical currency.
(11) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1) or (2); and
(b) the person engages in conduct; and
(c) the person's conduct breaches the requirement.
Penalty for contravention of this subsection: Imprisonment for 1 year or 60 penalty units, or both.