Customs Act 1960 · 2020 Revised Edition · Part 13 · Search, Seizure and Arrest
112. Powers of arrest
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Any officer of customs may arrest without warrant —
officer of customs
“officer of customs” means —(a)the Director‑General;(b)any Deputy Director‑General of Customs or Assistant Director‑General of Customs appointed under section 4(2);(c)any senior officer of customs appointed under section 4(4);(d)any officer of customs appointed under section 5(2); and(e)any police officer;
any person found committing or attempting to commit, or employing or aiding any person to commit, or abetting the commission of, an offence under this Act;
any person whom the officer may reasonably suspect to have in the person’s possession any dutiable or uncustomed goods or any goods liable to seizure under this Act; or
any person against whom a reasonable suspicion exists that the person has been guilty of an offence under this Act,and may search or cause to be searched, any person so arrested.
A woman must not be searched except by a woman.
An officer of customs making an arrest without warrant must, without unnecessary delay and subject to this section as to bail or previous release, take or send the person arrested before a Magistrate’s Court.
An officer of customs must not detain in custody a person arrested without a warrant for a longer period than under the circumstances of the case is reasonable.
The period must not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
A person who has been arrested by an officer of customs must not be released except on his or her own bond or on bail or under the special written order of a Magistrate or a senior officer of customs.
senior officer of customs
“senior officer of customs” means —(a)the Director‑General;(b)any Deputy Director‑General of Customs or Assistant Director‑General of Customs appointed under section 4(2);(c)any senior officer of customs appointed under section 4(4);(d)any officer of customs conferred with the powers of a senior officer of customs under section 5(3); and(e)any police officer having the powers of a senior officer of customs by virtue of section 7(a);
If any person liable to arrest under this Act is not arrested at the time of committing the offence for which the person is so liable, or after arrest makes his or her escape, the person may, at any time afterwards, be arrested and be dealt with as if the person had been arrested at the time of committing the offence.
Subject to subsection (9), the Director‑General may authorise in writing an auxiliary police officer employed on any duty or service relating to customs, to arrest without warrant —
Director‑General
“Director‑General” means the Director‑General of Customs appointed under section 4(1);
any person found committing or attempting to commit, or employing or aiding any person to commit, or abetting the commission of, an offence under this Act;
any person whom that officer reasonably suspects to have in the person’s possession any dutiable or uncustomed goods or any goods liable to seizure under this Act; or
any person whom that officer reasonably suspects has been guilty of an offence under this Act,and may search, or cause to be searched, any person so arrested.
An auxiliary police officer may exercise any power under subsection (8) only at the direction of a senior officer of customs.
auxiliary police officer
“auxiliary police officer” means an auxiliary police officer appointed under the Police Force Act 2004;
Subsections (2) to (7) apply to an arrest and a search of an arrested person made by an auxiliary police officer under subsection (8), and any reference in those provisions to an officer of customs is a reference to the auxiliary police officer.