Section 186 Customs Act 1901 | Refusing to Allow Copying of Documents


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The Legislation

Section 186 of the Customs Act 1901 (Cth) deals with Refusing to Allow Copying of Documents and is extracted below.

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186A Power to make copies of, and take extracts from, documents in certain circumstances

(1) If:

(a) a document is examined under section 186; and
(b) as a result of that examination, an officer of Customs is satisfied that the document or part of the document may contain information relevant to:

(i) an importation or exportation, or to a proposed importation or exportation, of prohibited goods; or
(ii) the commission or attempted commission of any other offence against this Act or of any offence against a prescribed Act; or
(iii) the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979; or
(iv) the performance of functions under section 6 of the Intelligence Services Act 2001; or
(v) security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979);
the officer of Customs may make a copy of, or take an extract from, the document, or arrange for another officer of Customs or other person having the necessary experience, to make such a copy or take such an extract.

(2) Without limiting the generality of subsection (1), a copy may be made of, or an extract taken from, a document:

(a) by photocopying the document or a part of the document; or
(b) by photographing the document or a part of the document; or
(c) by electronically scanning the document or a part of the document; or
(d) by making an electronic copy of information contained in the document or a part of the document; or
(e) by making a written copy of information contained in the document or a part of the document.