Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who is:
(a) about to leave Australia; or
(b) in an embarkation area for the purpose of leaving Australia;
must, if required to do so by a police officer or a customs officer:
(c) declare whether or not the person has with him or her any monetary instruments; and
(d) declare the sum of the monetary instrument amounts for the monetary instruments that the person has with him or her; and
(e) declare whether or not, to the best of the person's knowledge and belief, a report under section 53 has been given in respect of any monetary instruments that the person has with him or her; and
(f) produce to the officer any monetary instruments that the person has with him or her.
(2) A person who arrives in Australia must, if required to do so by a police officer or a customs officer:
(a) declare whether or not the person has with him or her any monetary instruments; and
(b) declare the sum of the monetary instrument amounts for the monetary instruments that the person has with him or her; and
(c) declare whether or not, to the best of the person's knowledge and belief, a report under section 53 has been given in respect of any monetary instruments that the person has with him or her; and
(d) produce to the officer any monetary instruments that the person has with him or her.
Officer may copy bearer negotiable instruments
(2AA) If a person produces to a police officer or a customs officer under paragraph (1)(f) or (2)(d):
(a) a bearer negotiable instrument; or
(b) a thing prescribed by the AML/CTF Rules for the purposes of paragraph (c) of the definition of monetary instrument in section 5 that is able to be copied;
the officer may make a copy of the instrument or thing. Once copied, the officer must return the instrument or thing to the person.
Person leaving or arriving in Australia--seizing monetary instrument
(2A) A police officer or a customs officer may seize a monetary instrument produced to the officer under paragraph (1)(f) or (2)(d) if:
(a) the police officer or customs officer has reasonable grounds to suspect that the monetary instrument may afford evidence as to the commission of an offence against section 53; or
(b) the police officer or customs officer has reasonable grounds to suspect that the monetary instrument may be of interest under subsection (14).
Powers of examination and search
(3) A police officer or a customs officer may, with such assistance as is reasonable and necessary, examine an article which a person has with him or her if:
(a) the person:
(i) is about to leave Australia or has arrived in Australia; or
(ii) is about to board or leave, or has boarded or left, any ship or aircraft; and
(b) either:
(i) the officer is seeking to find out whether the person has with him or her any monetary instrument in respect of which a report under section 53 is required; or
(ii) the officer has reasonable grounds to suspect that the person has with him or her any monetary instrument that may be of interest under subsection (14).
(4) Either:
(a) a police officer; or
(b) a customs officer in respect of whom a declaration under section 219ZA of the Customs Act 1901 is in force;
may, with such assistance as is reasonable and necessary, search a person so long as:
(c) any of the following subparagraphs applies:
(i) the person is about to leave Australia;
(ii) the person has arrived in Australia;
(iii) the person is about to board or leave a ship or aircraft;
(iv) the person has boarded or left a ship or aircraft; and
(d) the officer has reasonable grounds to suspect that there is on the person, or in clothing being worn by the person:
(i) a monetary instrument in respect of which a report under section 53 is required; or
(ii) a monetary instrument that may be of interest under subsection (14).
(5) A police officer or a customs officer may seize a monetary instrument found in the course of an examination or search under subsection (3) or (4) if:
(a) the police officer or customs officer has reasonable grounds to suspect that the monetary instrument may afford evidence as to the commission of an offence against section 53; or
(b) the police officer or customs officer has reasonable grounds to suspect that the monetary instrument may be of interest under subsection (14).
(6) A person must not be searched under subsection (4) except by a person of the same sex.
Boarding of ships and aircraft
(7) A police officer or a customs officer, and any person assisting a police officer or customs officer, may board a ship or aircraft for the purpose of exercising the powers conferred by subsection (1), (2), (3) or (4).
(8) A police officer or a customs officer may, with such assistance as is reasonable and necessary:
(a) board a ship or aircraft; or
(b) examine or search the ship or aircraft, and any goods found on the ship or aircraft;
for the purpose of finding out whether there is at or in the place, or in the goods:
(c) any monetary instrument in respect of which a report under section 53 is required; or
(d) any monetary instrument that may be of interest under subsection (14).
Entry to eligible places
(9) A police officer or a customs officer may, with such assistance as is reasonable and necessary:
(a) go onto or enter any eligible place; and
(b) examine the place, and any goods found at or in it;
for the purpose of finding out whether there is at or in the place, or in the goods:
(c) any monetary instrument in respect of which a report under section 53 is required; or
(d) any monetary instrument that may be of interest under subsection (14).
Seizure
(10) A police officer or a customs officer may seize a monetary instrument found in the course of an examination or search under subsection (8) or (9) if:
(a) the police officer or customs officer has reasonable grounds to suspect that the monetary instrument may afford evidence as to the commission of an offence against section 53; or
(b) the police officer or customs officer has reasonable grounds to suspect that the monetary instrument may be of interest under subsection (14).
(11) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1) or (2); and
(b) the person engages in conduct; and
(c) the person's conduct breaches the requirement.
Penalty for contravention of this subsection: Imprisonment for 1 year or 60 penalty units, or both.
Civil penalty
(12) If a person is subject to a requirement under subsection (1) or (2), the person must not engage in conduct that breaches the requirement.
(13) Subsection (12) is a civil penalty provision.
Monetary instrument of interest
(14) For the purposes of this section, a monetary instrument may be of interest if the monetary instrument:
(a) may be relevant to the investigation of, or prosecution of a person for, an offence against a law of the Commonwealth or of a State or Territory; or
(b) may be of assistance in the enforcement of the Proceeds of Crime Act 2002 or regulations under that Act; or
(c) may be of assistance in the enforcement of a law of a State or Territory that corresponds to the Proceeds of Crime Act 2002 or regulations under that Act.