Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes - Amendments to Customs and Excise Act 1996

225: Amendments to sections 165 to 167 of Customs and Excise Act 1996

You could also call this:

"Changes to customs rules about searching and inspecting goods"

Illustration for Search and Surveillance Act 2012

You will see some changes to sections 165 to 167 of the Customs and Excise Act 1996. The heading to section 165 is changed by replacing "search" with "inspection". This change also happens in other parts of the Act. You will also see changes to section 166 and section 167. The rules about who can issue a search warrant are updated in section 167. Some parts of the Search and Surveillance Act 2012 are used in these changes. The Search and Surveillance Act 2012 has rules that apply to some situations. However, some of these rules do not apply to goods that are forfeited to the Crown. These changes update the Customs and Excise Act 1996 to work with the Search and Surveillance Act 2012.

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224: Examination of goods no longer subject to control of Customs, or

"Checking goods that are no longer controlled by Customs"


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226: Amendments to section 172 and repeal of sections 168 to 171, and 173 of Customs and Excise Act 1996, or

"Changes to the Customs and Excise Act 1996: some parts are being removed and one part is being updated"

Part 5Amendments, repeals, and miscellaneous provisions
Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes: Amendments to Customs and Excise Act 1996

225Amendments to sections 165 to 167 of Customs and Excise Act 1996

  1. The heading to section 165 is amended by omitting search and substituting inspection.

  2. Section 165(1) is amended by omitting search, in each place where it appears.

  3. The heading to section 166 is amended by omitting search and substituting inspection.

  4. Section 166(1) is amended by omitting search, in each place where it appears.

  5. Section 167(1) is amended by omitting A District Court Judge, Justice of the Peace, Community Magistrate, or Registrar (not being a constable) may issue a search warrant in the prescribed form if he or she is satisfied, on an application by a Customs officer in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant if he or she is satisfied, on an application by a Customs officer made in the manner provided in subpart 3 of Part 4 of that Act.

  6. Section 167 is amended by repealing subsections (2) to (4) and substituting the following subsections:

  7. The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

  8. Despite subsection (2), 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 any goods forfeited to the Crown under section 225 of this Act.