Section 186 Customs Act 1901 | Refusing to Allow Examination of Goods under Customs Control


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The Legislation

Section 186 of the Customs Act 1901 (Cth) deals with Refusing to Allow Examination of Goods under Customs Control and is extracted below.

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186 General powers of examination of goods subject to Customs control

(1) Any officer may, subject to subsections (2) and (3), examine any goods subject to the control of the Customs, and the expense of the examination including the cost of removal to the place of examination shall be borne by the owner.

(2) In the exercise of the power to examine goods, the officer of Customs may do, or arrange for another officer of Customs or other person having the necessary experience to do, whatever is reasonably necessary to permit the examination of the goods concerned.

(3) Without limiting the generality of subsection (2), examples of what may be done in the examination of goods include the following:

(a) opening any package in which goods are or may be contained;
(b) using a device, such as an X ray machine or ion scanning equipment, on the goods;
(c) testing or analysing the goods;
(d) measuring or counting the goods;
(e) if the goods are a document—reading the document either directly or with the use of an electronic device;
(f) using dogs to assist in examining the goods.

(4) Goods that are subject to the control of Customs under section 31 do not cease to be subject to the control of Customs merely because they are removed from a ship or aircraft in the course of an examination under this section.