Customs and Excise Act 2018

  • This version was replaced on 6 January 2021 to make corrections to section 326(5) under section 25(1)(j)(iii) of the Legislation Act 2012.
231 Powers if vehicles suspected to be transporting certain goods involved in offences, etc

(1)

This section applies to the following vehicles:

(a)

any vehicle that is in a Customs place if a Customs officer has reasonable cause to suspect that—

(i)

any dutiable, uncustomed, prohibited, or forfeited goods are in or on the vehicle; or

(ii)

there is evidence in or on the vehicle relating to any dutiable, uncustomed, prohibited, or forfeited goods; or

(iii)

there is evidence in or on the vehicle relating to any offence under this Act:

(b)

any vehicle if a Customs officer has reasonable grounds to believe that—

(i)

there are goods in or on the vehicle that have been unlawfully imported or are in the process of being unlawfully exported; or

(ii)

there is evidence in or on the vehicle relating to—

(A)

the unlawful importation of any goods; or

(B)

the unlawful exportation of any goods or an attempt to export any goods unlawfully:

(c)

any vehicle if a Customs officer has reasonable cause to suspect that there are in or on the vehicle goods that are subject to the control of Customs and that have been removed from a CASE:

(d)

any vehicle if a Customs officer has reasonable cause to suspect that there are goods in or on the vehicle that are—

(i)

subject to the control of Customs; and

(ii)

in a sealed Customs package.

(2)

A Customs officer may—

(a)

stop and search the vehicle; and

(b)

detain the vehicle for as long as is reasonably necessary for the purposes of the search.

(3)

Part 4 of the Search and Surveillance Act 2012, except subparts 2 and 3, applies in respect of the powers under this section.

(4)

Despite subsection (3), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4, of the Search and Surveillance Act 2012 do not apply to forfeited goods.

Compare: 1996 No 27 s 144