Section 122H Customs Act 1901 | Entering Premises to Examine Goods to Export


Section 122H of the Customs Act 1901 (Cth) deals with Entering Premises to Examine Goods to Export and is extracted below.

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The Legislation

122H Consent required to enter premises and examine goods for export

(1) Subject to section 122J, an authorised officer may enter premises, and exercise the powers conferred by the other sections of this Division in or on the premises, in accordance with this section.

(2) The authorised officer must believe on reasonable grounds that there are, or have been, in or on particular premises goods (the export goods) that the authorised officer reasonably believes are intended to be exported.

(3) The premises must not be a place prescribed for the purposes of paragraph 30(1)(d) or (e), or part of such a place.

Note 1: Paragraph 30(1)(d) subjects to the control of Customs goods that are made or prepared in, or brought to, a prescribed place for export.
Note 2: Paragraph 30(1)(e) subjects to the control of Customs goods made or prepared in, or brought into, a prescribed place for export that are no longer for export.

(4) The occupier of the premises must have consented in writing to the entry of the authorised officer to the premises and the exercise of the powers in or on the premises.

(5) Before obtaining the consent, the authorised officer must have told the occupier that he or she could refuse consent.

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