§ 352 — Power of customs officer, etc., to require information after seizure

352.—(1) This section applies where —(a)

goods are seized under Subdivision (2); or

(b)

goods are seized under Subdivision (3) (whether or not a request to continue detention is made in respect of those goods).

(2) A customs officer may, at any time after the seizure, require a person to provide any information or document at a time and place specified by the officer if —(a)

the officer considers that the information or document —(i)

would enable the Director‑General to satisfy a request for information under section 353 (whether or not a request has been made);

(ii)

would enable any action to be taken under Subdivision (2) or (3) in respect of future shipments of goods; or

(iii)

is relevant for any statistical or research purpose; and

(b)

the officer has reasonable cause to believe that the person has the information or document.

(3) A person commits an offence if —(a)

the person, without reasonable excuse, fails to comply with a requirement under subsection (2); or

(b)

in response to a requirement under subsection (2), knowingly or recklessly provides any information or document that is false or misleading in a material particular.

(4) A person who commits an offence under subsection (3) shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both.

(5) A person is not excused from providing any information or document pursuant to a requirement under subsection (2) just because the information or document might tend to incriminate the person.

(6) Any information or document provided by a person (X) pursuant to a requirement under subsection (2) is not admissible in any criminal proceedings against X, but only if —(a)

X claims, before providing the information or document, that the information or document might tend to incriminate X; and

(b)

the proceedings are not for an offence under subsection (3).

(7) Any information or document provided in response to a requirement under subsection (2) must not be published, or communicated or disclosed to any person, unless the publication, communication or disclosure is necessary for any purpose in subsection (2)(a)(i), (ii) and (iii).

(8) A person who contravenes subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.

—(1) This section applies where —(a)

goods are seized under Subdivision (2); or

(b)

goods are seized under Subdivision (3) (whether or not a request to continue detention is made in respect of those goods).

(2) A customs officer may, at any time after the seizure, require a person to provide any information or document at a time and place specified by the officer if —(a)

the officer considers that the information or document —(i)

would enable the Director‑General to satisfy a request for information under section 353 (whether or not a request has been made);

(ii)

would enable any action to be taken under Subdivision (2) or (3) in respect of future shipments of goods; or

(iii)

is relevant for any statistical or research purpose; and

(b)

the officer has reasonable cause to believe that the person has the information or document.

(3) A person commits an offence if —(a)

the person, without reasonable excuse, fails to comply with a requirement under subsection (2); or

(b)

in response to a requirement under subsection (2), knowingly or recklessly provides any information or document that is false or misleading in a material particular.

(4) A person who commits an offence under subsection (3) shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both.

(5) A person is not excused from providing any information or document pursuant to a requirement under subsection (2) just because the information or document might tend to incriminate the person.

(6) Any information or document provided by a person (X) pursuant to a requirement under subsection (2) is not admissible in any criminal proceedings against X, but only if —(a)

X claims, before providing the information or document, that the information or document might tend to incriminate X; and

(b)

the proceedings are not for an offence under subsection (3).

(7) Any information or document provided in response to a requirement under subsection (2) must not be published, or communicated or disclosed to any person, unless the publication, communication or disclosure is necessary for any purpose in subsection (2)(a)(i), (ii) and (iii).

(8) A person who contravenes subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.