Sections 29 and 63 of the Customs Act. - Fiji Revenue & Customs ...

Customs Act:
Published for convenience only
CUSTOMS—11 OF 1986
(2) An officer engaged in the enforcement of the customs laws may for that purpose patrol upon
and pass freely over and enter any place in Fiji, and such officer is not liable to any prosecution or
action at law for so doing.
(3) Nothing in this section alone shall authorise entry into a dwelling house or other building.
Power to stop vehicle, boat, etc. suspected
of conveying uncustomed goods, etc.
107.—(1) A proper officer shall, if he has reasonable grounds to believe that a vehicle, boat or
other means of conveyance is conveying any uncustomed goods, stop and search such vehicle, boat
or other means of conveyance and, for the purposes of the search, the proper officer may require any
goods in such vehicle, boat or other means of conveyance to be unloaded at the expense of the
owner of the vehicle, boat or other means of conveyance.
(2) A proper officer who is unable to obtain free access to any place or container in the course of
any search carried out under this section may, if necessary, use force to gain such access.
(3) Where, on the search of a vehicle, boat or other means of conveyance carried out under this
section, goods are found in relation to which an offence under this Act has been committed, the
goods are liable to forfeiture.
(4) A person in charge of a vehicle, boat or other means of conveyance who refuses to stop or to
permit it to be searched in accordance with this section is guilty of an offence.
Power to question persons arriving or leaving
108. A proper officer may, in the course of his duty, question any person who is entering Fiji or
who is about to depart from Fiji, for the purpose of determining whether such person has any dutiable
goods, prohibited goods or restricted goods in his possession, whether upon his person or in his
baggage.
Power to detain and search persons
109.—(1) Subject to subsections (2) and (3), a proper officer may, if he has reasonable grounds to
suspect that any person has uncustomed goods in his possession, whether upon his person or in his
baggage, detain and search that person; and the proper officer may, for that purpose, use all
reasonable force necessary.
(2) A female shall not be searched except by a female.
(3) The person to be searched may require to be taken forthwith before an officer of no lesser
rank than of Collector, who shall consider the grounds for suspicion and direct accordingly whether or
not the search is to take place.
(4) If a proper officer has reasonable cause to believe that a person has unlawfully secreted
about his person or within his body cavities any uncustomed goods or prohibited imports, he may
cause an internal search of that person to be undertaken at his direction by a registered medical
practitioner.
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