customs act

This file last saved 11 August, 2019 10:49

powers under the customs act 1901

  1. Under this act you may:
    1. determine an application for an external body search of a person detained under the act;
    2. issue a summons; and/or
    3. constitute a magistrates court and determine a bail application for a person charged with an offence under this Act.
  2. You may not:
    1. issue a search warrant under this Act (only a magistrate or a JP employed in a court may do this);
    2. make or extend a detention period under this Act (only a magistrate may do this); or
    3. authorise an internal search of a person detained under this act (only a judge or magistrate may do this.

    external search

  3. Under the Customs Act 1901 a customs officer has the power to detain a person if they are suspected on reasonable grounds of carrying prohibited goods. The customs officer may carry out a frisk search of the person that entails:
    1. a quick search of the person by the rapid and methodical running of hands over the person's outer garments; and
    2. an examination of anything worn by the person that can be conveniently removed and is voluntarily removed by the person.

    external body search

  4. A customs officer may apply to you for approval to carry out an external body search of a person who:
    1. is in need of protection, such as a child or intellectually impaired adult; or
    2. refuses to submit to a frisk search; or
    3. refuses to produce any goods located during a frisk search.

    processing an application for an external body search

  5. The steps for processing are:
    1. Ask the customs officer for identification.
    2. Place the officer on oath or affirmation.
    3. Ask any questions of the customs officer that are necessary to clarify any points.
    4. Talk to the suspect an ensure that they understand what is going on. Ask them if there are any reasonable grounds for the suspect to be carrying suspicious items. The suspect may be able to give you a satisfactory explanation for factors that led to the customs officer's suspicions.
    5. Decide whether or not to grant the application. When considering the application you must determine whether there are reasonable grounds for the suspicion. Consider the same factors as the customs officer is required to take into account.
  6. If you decide to grant the application, you should order that the external search be carried out by writing on the bottom of the application provided by the customs officer that you grant the application. Ensure that you kep a copy of the customs offic's application, any other information provided, and your approval for the search to be conducted. Make the necessary entry in your log book as well.
  7. If you believe that the suspect is in some need of protection, you must order that the search be carried out in the presence of the suspect's legal guardian or a specified person who is not a customs offier or police officer. This person must be able to represent the suspect's interests, and also be acceptable to the suspect.
  8. If you do not consider the search is justified, you must order that the suspect be released immediately.

    9. References

  9. The Duties of Justices of the Peace (Qualified) Handbook,Queensland Government (Jun 2017) Ch 6.3