175C Seizure and detention of goods or documents suspected to be certain risk goods or evidence of commission of certain offences

(1)

A Customs officer may seize and detain goods or documents that are presented or located in the course of exercising any power of inspection, search, or examination under this Act, if he or she has cause to suspect on reasonable grounds that the goods or documents

(a)

are risk goods (within the meaning of the Biosecurity Act 1993) for which no biosecurity clearance has been given under that Act; or

(b)

are evidence of the commission of 1 or more offences under 1 or more of the following enactments:

(i)

section 130 of the Animal Products Act 1999:

(ii)

section 98C of the Crimes Act 1961:

(iii)

section 232 or 233 of the Fisheries Act 1996:

(iv)

section 342(1)(c) or 345(1) of the Immigration Act 2009:

(v)

section 37 or 43 of the Medicines Act 1981:

(vi)

section 29A, 30, or 31 of the Passports Act 1992.

(2)

A Customs officer who detains goods or documents under subsection (1) must, as soon as practicable, deliver those goods or documents into the custody of the appropriate person specified in subsection (4).

(3)

Once goods or documents have been delivered to a person under subsection (2), responsibility for those goods or documents passes to that person.

(4)

The appropriate person referred to in subsection (2) is—

(a)

if the Customs officer believes that subsection (1)(b)(ii), (iv), or (vi) applies to the goods or documents, a constable; and

(b)

if the Customs officer believes that another provision of subsection (1) applies to the goods or documents, an appropriately authorised officer who holds office under the Act specified in that provision or is employed by the department of State that administers the Act.

(5)

Part 4 of the Search and Surveillance Act 2012 (except subparts 2 and 3) applies with any necessary modifications.

Section 175C: inserted, on 6 March 2007, by section 16 of the Customs and Excise Amendment Act 2007 (2007 No 9).

Section 175C heading: amended, on 1 October 2012, by section 227(1) of the Search and Surveillance Act 2012 (2012 No 24).

Section 175C(1): amended, on 1 October 2012, by section 227(2) of the Search and Surveillance Act 2012 (2012 No 24).

Section 175C(1)(b)(iv): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 175C(2): amended, on 1 October 2012, by section 227(3) of the Search and Surveillance Act 2012 (2012 No 24).

Section 175C(3): amended, on 1 October 2012, by section 227(3) of the Search and Surveillance Act 2012 (2012 No 24).

Section 175C(4)(a): amended, on 1 October 2012, by section 227(3) of the Search and Surveillance Act 2012 (2012 No 24).

Section 175C(4)(a): amended, on 8 December 2009, by section 24 of the Customs and Excise Amendment Act 2009 (2009 No 61).

Section 175C(4)(b): amended, on 1 October 2012, by section 227(3) of the Search and Surveillance Act 2012 (2012 No 24).

Section 175C(5): replaced, on 1 October 2012, by section 227(4) of the Search and Surveillance Act 2012 (2012 No 24).