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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 443

Power to search goods, baggage etc.

  (1)   This section applies to any goods that are to be, are being, or have been, taken on or off a ship that voyages, or an aircraft that flies, between:

  (a)   a place in Australia and a place outside Australia; or

  (b)   a place in an external Territory and a place outside that Territory.

  (2)   If an authorised officer believes, on reasonable grounds that goods are goods to which this section applies, he or she may:

  (a)   examine the goods; or

  (b)   if the goods are baggage--open and search the baggage; or

  (c)   if the goods are in a container--open and search the container.

  (3)   An authorised officer may ask a person who owns, is carrying or is otherwise associated with, or appears to the authorised officer to be associated with, goods to which this section applies any question in respect of the goods.

  (4)   A person must not refuse or fail to answer a question put to the person under subsection   (3).

Penalty:   60 penalty units.

  (5)   In this Act:

"baggage" includes any parcel or other goods that:

  (a)   a passenger; or

  (b)   the master, a mate, an engineer or any other member of the crew of a ship; or

  (c)   the pilot or any other member of the crew of an aircraft;

has had with him or her on the ship or aircraft.

"goods" includes baggage.


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