Customs Act 1901

A judicial officer may issue a warrant to seize goods on or in particular premises if the judicial officer is satisfied by information on oath that an authorised person:

has reasonable grounds for suspecting that the goods:

are forfeited goods; and

are, or within the next 72 hours will be, on or in the premises; and

has demonstrated the necessity, in all the circumstances, for seizure of the goods.

Subsection (1) does not apply to the seizure of goods under section 203B, 203C, 203CA or 203CB.

In considering whether the authorised person has demonstrated the necessity, in all the circumstances, for seizure of the goods, the judicial officer may have regard to, but is not limited to, consideration of the following factors:

the seriousness or otherwise of any offence by reason of the commission of which the goods are believed to be forfeited goods;

the circumstances in which any such offence is believed to have been committed;

the pecuniary or other penalty that might be imposed for any such offence;

the nature, quality, quantity and estimated value of the goods;

whether an infringement notice might be given for any such offence;

the inconvenience or cost to any person having a legal or equitable interest in the goods if they were seized.

If:

the person applying for the warrant has, at any time previously, applied for a warrant relating to the search of, or seizure of goods that are on or in, the same premises; and

the premises are not a Customs place;

If a judicial officer issues a warrant, the judicial officer is to state in the warrant:

a description of the goods to which the warrant relates; and

a description of the premises on or in which the goods are believed to be located; and

the name of the authorised person who, unless that authorised person inserts the name of another authorised person in the warrant, is to be responsible for executing the warrant; and

the time at which the warrant expires (see subsection (5A)); and

whether the warrant may be executed at any time or only during particular hours.

The time stated in the warrant under paragraph (5)(d) as the time at which the warrant expires must be a time that is not later than the end of the seventh day after the day on which the warrant is issued.

If a warrant is issued at 3 pm on a Monday, the expiry time specified must not be later than midnight on Monday in the following week.

The judicial officer is also to state in the warrant:

that it authorises the seizure of goods (other than forfeited goods of the kind referred to in paragraph (5)(a)) found on or in the premises in the course of the search that the executing officer or a person assisting believes on reasonable grounds to be special forfeited goods; and

whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed, if the executing officer or a person assisting suspects on reasonable grounds that the person has any forfeited goods of the kind referred to in paragraph (5)(a), special forfeited goods or seizable items in his or her possession; and

whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed, if the executing officer or a person assisting suspects on reasonable grounds that the person has in his or her possession any relevant evidential material.

Paragraph (5)(d) and subsection (5A) do not prevent the issue of successive warrants in relation to the same premises.

If the application for the warrant is made under section 203M, this section (other than subsection (5A)) applies as if:

subsection (1) referred to 48 hours rather than 72 hours; and

paragraph (5)(d) required the judicial officer to state in the warrant the period for which the warrant is to remain in force, which must not be more than 48 hours.

A judicial officer of a particular State or Territory may issue a warrant in respect of the seizure of goods on or in premises in another State or Territory.

In this section:

forfeited goods of the kind referred to in paragraph (5)(a); or

special forfeited goods.