Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a ship if:
(a) the ship is outside the territorial sea of a foreign country; and
(b) the ship could be boarded under the Maritime Powers Act 2013 ; and
(c) the ship is exempt from any provision of the Customs Acts under subsection 30A(3) of this Act or the voyage of the ship is exempt from any such provision under subsection 30A(5) of this Act.
Note: Section 30A gives effect to provisions of the Torres Strait Treaty in relation to certain traditional activities.
(2) This section applies to an aircraft if:
(a) the aircraft has landed in Australia as a result of a maritime officer requiring the person in charge of the aircraft to land the aircraft under subsection 55(7) of the Maritime Powers Act 2013 ; and
(b) in the case of an Australian aircraft--the requirement is made when the aircraft is over anywhere except a foreign country; and
(c) in the case of an aircraft that is not an Australian aircraft--the requirement is made when the aircraft is over Australia; and
(d) the flight of the aircraft is exempt from any provision of the Customs Acts under subsection 30A(5) of this Act.
Note: Section 30A gives effect to provisions of the Torres Strait Treaty in relation to certain traditional activities.
(3) An authorised person may seize without warrant any goods (other than narcotic goods) on the ship or aircraft that the authorised person reasonably suspects are special forfeited goods.
Note: For seizure of narcotic goods without warrant, see section 203C of this Act and subparagraph 67(1)(b)(ii) of the Maritime Powers Act 2013 .
(4) If, in the course of searching the ship or aircraft, an authorised person finds a thing that he or she believes on reasonable grounds is evidential material relating to an offence committed in respect of special forfeited goods, the authorised person may, without warrant, seize that thing.
(5) The authorised person must exercise his or her powers subject to section 203D.