§ 361 — Examination and search of packages, etc.

361.—(1) The powers under subsections (2) and (3) may be exercised in relation to an article if —(a)

the article is being imported or exported, or has recently been imported; and

(b)

the officer reasonably suspects that the article is or contains seizable goods.

(2) A customs officer may —(a)

examine and search the article;

(b)

detain the article until any person in charge of the article opens it for examination and search;

(c)

perform any process to verify whether the article is or contains seizable goods;

(d)

perform any test or analysis on the article; or

(e)

mark, lock, seal or otherwise secure the article pending examination or search.

(3) A senior customs officer may forcibly open, or order any person to forcibly open, the article for the purpose of examination or search.

(4) In exercising the power under subsection (3), a senior customs officer must give the person in charge of the article every reasonable facility to be present at the opening, examination and search.

(5) It is an offence for a person (other than a customs officer) to remove, open, break or tamper with any mark, lock, seal or other means that is used to secure an article in exercise of the power in subsection (2)(e).

(6) A person who commits an offence under subsection (5) 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.

(7) In this section and section 362, “article” includes a package, a box, a chest and goods.

—(1) The powers under subsections (2) and (3) may be exercised in relation to an article if —(a)

the article is being imported or exported, or has recently been imported; and

(b)

the officer reasonably suspects that the article is or contains seizable goods.

(2) A customs officer may —(a)

examine and search the article;

(b)

detain the article until any person in charge of the article opens it for examination and search;

(c)

perform any process to verify whether the article is or contains seizable goods;

(d)

perform any test or analysis on the article; or

(e)

mark, lock, seal or otherwise secure the article pending examination or search.

(3) A senior customs officer may forcibly open, or order any person to forcibly open, the article for the purpose of examination or search.

(4) In exercising the power under subsection (3), a senior customs officer must give the person in charge of the article every reasonable facility to be present at the opening, examination and search.

(5) It is an offence for a person (other than a customs officer) to remove, open, break or tamper with any mark, lock, seal or other means that is used to secure an article in exercise of the power in subsection (2)(e).

(6) A person who commits an offence under subsection (5) 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.

(7) In this section and section 362, “article” includes a package, a box, a chest and goods.