Customs Regulations (Amendment) (Cth)

Statutory Rules

1979 No. 277

REGULATIONS UNDER THE CUSTOMS ACT 19011

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901.

 Dated this twentieth day of December 1979.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

R. V. GARLAND

Minister of State for Business and Consumer Affairs

_______________

AMENDMENTS OF THE CUSTOMS REGULATIONS2

1After regulation 166 of the Customs Regulations the following heading and regulations are inserted:

“SEARCH OF SUSPECTED PERSONS

• “167.

  An order of a Magistrate under section 196 of the Act shall be in accordance with Form 58.

• “168.

  A certificate of a medical practitioner for the purposes of sub-section 196B (4) of the Act shall be in accordance with Form 59.”.

2The Schedule to the Customs Regulations is amended by inserting after Form 57B the following forms:

 

Sec. 196 FORM 58

Reg. 167

AUSTRALIAN CUSTOMS

ORDER THAT SUSPECTED PERSON BE SEARCHED

WHEREAS I [insert name of magistrate], a Magistrate, am satisfied, by information on oath given to me by [insert name of informant] that there is reasonable ground for suspecting that [insert name of suspected person] of [address] is unlawfully carrying, or has secreted about him, any goods subject to the control of the Customs, any prohibited imports or any prohibited exports:

NOW THEREFORE I, [insert name of magistrate], in pursuance of section 196 of the Customs Act 1901, hereby order that the said [insert name of suspected person] be searched.

Dated the

 day of   19

at   o’clock in the   noon.

 

[Signature of magistrate]

_______________

Sec. 196B FORM 59

Reg. 168

AUSTRALIAN CUSTOMS

CERTIFICATE REALTING TO SEARCH OF SUSPECTED PERSON

I, [insert name of medical practitioner] of [address], medical practitioner, hereby certify, for the purpose of sub-section 196B(4) of the Customs Act 1901, that–

1. I did, on the

 day of   19  at o’clock in the noon, at [place], examine the body cavities of [insert name of suspected person] in the presence of [insert name, and designation or rank, of officer of customs or police present at the examination].

 2. The results of the examination were [insert details of articles, if any, found in body cavities].

Dated the

 day of   19 .

 [Signature of medical practitioner]

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1979.

2. Statutory Rules 1926 No. 203 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 181 and see also