Commonwealth Numbered Regulations

1993 No. 279 CHARTER OF THE UNITED NATIONS (SANCTIONS) REGULATIONS - REG 7

7. (1) If the Customs Officer is to seize a vessel, he or she must:

   (a)  give a copy of the Minister's notice to the master of the vessel, or
        the person who appears to be in charge of the vessel, before seizing
        the vessel; or

   (b)  if the master or a person in charge cannot be identified at the time
        that the vessel is seized-give a copy of the Minister's notice to the
        master, agent or owner of the vessel as soon as practicable after
        seizing the vessel.

(2) If the Customs Officer is to seize an aircraft, he or she must:

   (a)  give a copy of the Minister's notice to the captain of the aircraft,
        or a person who appears to be in charge of the aircraft, before
        seizing the aircraft; or

   (b)  if the captain or a person in charge cannot be identified at the time
        that the aircraft is seized-give a copy of the Minister's notice to
        the captain, operator or owner of the aircraft as soon as practicable
        after seizing the aircraft.

(3) If the Customs Officer is to seize a vehicle other than a vessel or an
aircraft, he or she must:

   (a)  give a copy of the Minister's notice to a person who is apparently:

        (i)    over the age of 16 years; and

        (ii)   in charge of the vehicle; before seizing the vehicle; or

   (b)  if a person described in paragraph (a) cannot be identified at the
        time that the vehicle is seized-give a copy of the Minister's notice
        to the owner of the vehicle as soon as practicable after seizing the
        vehicle.

(4) If the Customs Officer is to seize cargo, he or she must:

   (a)  give a copy of the Minister's notice to a person who appears to be:

        (i)    over the age of 16 years; and

        (ii)   in charge of the cargo; before seizing the cargo; or

   (b)  if a person described in paragraph (a) cannot be identified at the
        time that the cargo is seized-give a copy of the Minister's notice to
        the owner of the cargo as soon as practicable after seizing the cargo.

(5) The Customs Officer must include with the copy of the Minister's notice a
statement to the effect that, subject to the Administrative Appeals Tribunal 
Act 1975 , a person affected by the Minister's decision to ask the
Comptroller-General to seize the vehicle or the cargo may:

   (a)  apply to the Administrative Appeals Tribunal for review of the
        decision; and

   (b)  under section 28 of that Act, request a statement that includes
        reasons for the decision.

(6) A failure to comply with subregulation (1), (2), (3), (4) or (5) does not
affect the validity of the seizure of the vehicle or the cargo.