Section 214AE Customs Act 1901 | Improper Exercise of Monitoring Powers


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The Legislation

Section 214AE of the Customs Act 1901 (Cth) deals with Improper Exercise of Monitoring Powers and is extracted below.

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214AE Exercise of monitoring powers with consent

(1) A monitoring officer may enter, and exercise monitoring powers in or on, premises to the extent that it is reasonably necessary for the purpose of assessing:

(a) whether a person is complying with a Customs related law; or
(b) whether a person’s record keeping, accounting, computing or other operating systems of any kind accurately record and generate information to enable compliance with a Customs related law; or
(c) the correctness of information communicated by a person to Customs (whether in documentary or other form).

(2) However, a monitoring officer must not enter premises under this section unless the occupier of the premises has consented to the monitoring officer entering, and exercising monitoring powers in or on, the premises.

(3) Before obtaining such a consent, a monitoring officer must tell the occupier of the premises that he or she can refuse consent.

(4) A consent may be expressed to be limited to entry to, and the exercise of monitoring powers in or on, the premises to which the consent relates during a particular period unless the consent is withdrawn before the end of that period.

(5) A consent that is not limited as mentioned in subsection (4) has effect in relation to any entry to, and any exercise of monitoring powers in or on, the premises to which the consent relates until the consent is withdrawn.

(6) Before a monitoring officer enters premises or exercises any monitoring powers, he or she must produce his or her identity card to the occupier.

(7) A monitoring officer must leave the premises if the occupier withdraws the consent.

(8) A consent, or a withdrawal of consent, does not have effect unless the consent or withdrawal is in writing.