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PART 1LISTS

CUSTOMS POWERS AND INVESTIGATIONS

Investigation, etc. of suspected vehicles

20.—(1) Where any authorised person has reason to suspect that any vehicle in the Territory has been or is being or is about to be used in contravention of paragraph (1) of article 7—

(a)he or she may (either alone or accompanied and assisted by persons under his or her authority) enter the vehicle and search it and, for that purpose;

(b)he or she may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods or personnel contained in it and produce for his or her inspection such documents so relating and such goods or personnel as he or she may specify; and

(c)any authorised person may (either there and then or upon consideration of any information furnished or document or goods or personnel produced in pursuance of a request made under sub-paragraph (b)) further request the operator or the driver to cause the vehicle and any goods or personnel contained in it to remain in the Territory until notified that the vehicle may depart.

(2) Without prejudice to the provisions of article 21(3), where any authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he or she may take such steps as appear to him or her to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, for that purpose—

(a)may enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;

(b)may detain, or authorise the detention of, that vehicle and any goods or personnel contained in it; and

(c)shall dispose of, transfer and seize, as appropriate, any restricted goods or personnel.

(3) Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.

(4) In this article, “authorised person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case.