Section 214AE of the Customs Act 1901 (Cth) deals with Improper Exercise of Monitoring Powers and is extracted below.
Our exceptional criminal lawyers are vastly experienced and highly successful in defending Customs Act cases.
Call us today on (02) 9261 8881 for a free first appointment.
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monitoring powers in or on, the premises to which the consent relates during a particular period unless the consent is withdrawn before the end of that period.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to, and any exercise of monitoring powers in or on, the premises to which the consent relates until the consent is withdrawn.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.
Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.
Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.
We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference with our criminal law specialists.