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 bearer negotiable instruments; and
(d) declare the amount payable under each bearer negotiable instrument that the person has with him or her; and
(e) produce to the officer each bearer negotiable instrument 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 bearer negotiable instruments; and
(b) declare the amount payable under each bearer negotiable instrument that the person has with him or her; and
(c) produce to the officer each bearer negotiable instrument that the person has with him or her.
Officer may copy bearer negotiable instruments
(3) If a person produces a bearer negotiable instrument to a police officer or a customs officer under subsection (1) or (2), the officer may make a copy of the bearer negotiable instrument. Once copied, the officer must return the bearer negotiable instrument to the person.
Officer may conduct searches etc.
(4) If:
(a) a police officer or a customs officer has asked a person to make a declaration under subsection (1) or (2); and
(b) the officer has reasonable grounds to suspect that the person has made a declaration that is false or misleading (a false declaration );
the officer may, with such assistance as is reasonable and necessary, examine an article which the person has with him or her if any of the following paragraphs applies:
(c) the person is about to leave Australia;
(d) the person has arrived in Australia;
(e) the person is about to board or leave a ship or aircraft;
(f) the person has boarded or left a ship or aircraft;
for the purpose of finding out whether the person has with him or her any bearer negotiable instruments in respect of which a false declaration has been made.
(5) If:
(a) a police officer or a customs officer has asked a person to make a declaration under subsection (1) or (2); and
(b) the person refuses or fails to make the declaration;
the officer may, with such assistance as is reasonable and necessary, examine an article which the person has with him or her if any of the following paragraphs applies:
(c) the person is about to leave Australia;
(d) the person has arrived in Australia;
(e) the person is about to board or leave a ship or aircraft;
(f) the person has boarded or left a ship or aircraft;
for the purpose of finding out whether the person has with him or her any bearer negotiable instruments.
(6) If:
(a) a police officer or a customs officer has asked a person to produce a bearer negotiable instrument under subsection (1) or (2); and
(b) the person refuses or fails to produce the bearer negotiable instrument;
the officer may, with such assistance as is reasonable and necessary, examine an article which the person has with him or her if any of the following paragraphs applies:
(c) the person is about to leave Australia;
(d) the person has arrived in Australia;
(e) the person is about to board or leave a ship or aircraft;
(f) the person has boarded or left a ship or aircraft;
for the purpose of finding out whether the person has with him or her any bearer negotiable instruments.
(7) If:
(a) either:
(i) a police officer; or
(ii) a customs officer in respect of whom a declaration under section 219ZA of the Customs Act 1901 is in force;
has asked a person to make a declaration under subsection (1) or (2); and
(b) the officer has reasonable grounds to suspect that the person has made a declaration that is false or misleading (a false declaration );
the officer may, with such assistance as is reasonable and necessary, search the person if:
(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, a bearer negotiable instrument in respect of which a false declaration has been made;
for the purpose of finding out whether the person has with him or her any bearer negotiable instruments in respect of which a false declaration has been made.
(8) If:
(a) either:
(i) a police officer; or
(ii) a customs officer in respect of whom a declaration under section 219ZA of the Customs Act 1901 is in force;
has asked a person to make a declaration under subsection (1) or (2); and
(b) the person refuses or fails to make the declaration;
the officer may, with such assistance as is reasonable and necessary, search the person if:
(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, a bearer negotiable instrument;
for the purpose of finding out whether the person has with him or her any bearer negotiable instruments.
(9) If:
(a) either:
(i) a police officer; or
(ii) a customs officer in respect of whom a declaration under section 219ZA of the Customs Act 1901 is in force;
has asked a person to produce a bearer negotiable instrument under subsection (1) or (2); and
(b) the person refuses or fails to produce the bearer negotiable instrument;
the officer may, with such assistance as is reasonable and necessary, search the person if:
(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, a bearer negotiable instrument;
for the purpose of finding out whether the person has with him or her any bearer negotiable instruments.
(10) A person must not be searched under subsection (7), (8) or (9) except by a person of the same sex.
Officer may conduct searches on board a ship or aircraft
(11) A police officer or a customs officer, and any person assisting the officer, may:
(a) board any ship or aircraft; or
(b) go onto or enter any eligible place;
for the purpose of exercising the powers conferred by subsection (1), (2), (4), (5), (6), (7), (8) or (9).
Officer may seize bearer negotiable instruments
(12) If:
(a) in the course of an examination or search under subsection (4), (5), (6), (7), (8) or (9), a police officer or a customs officer finds a bearer negotiable instrument; and
(b) the person:
(i) has made a declaration under subsection (1) or (2) that is false or misleading; or
(ii) has refused or failed to make a declaration under subsection (1) or (2); or
(iii) has refused or failed to produce a bearer negotiable instrument under subsection (1) or (2);
the officer may seize the instrument.
(13) If:
(a) a person produces a bearer negotiable instrument to a police officer or a customs officer under subsection (1) or (2); and
(b) the person has made a declaration under subsection (1) or (2) that is false or misleading;
the officer may seize the instrument.
(14) 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.