An appellant seeking to quash a conviction on the basis of an unlawful compulsory examination by the ACC must demonstrate actual prejudice to the defence, including by disclosing what exculpatory evidence could have been given at trial but for the examination. The mere fact of the unlawful examination does not, of itself, constitute a miscarriage of justice. Intelligence from a foreign law enforcement agency, corroborated by surveillance, can provide reasonable grounds for suspicion under s 3T of the Crimes Act 1914 (Cth). A person who is not in physical possession of a vessel and is at a different location is not a person 'apparently in charge' for the purposes of s 203D(2) of the Customs Act 1901 (Cth).
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