Page:Copyright Act 2021.pdf/244

Rh :(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.

Removal of packages, etc., to police station, etc., for examination and search

362.—(1) For the more convenient exercise of the powers under section 361, a customs officer may—
 * (a) remove an article to a police station or an examination station; or
 * (b) order the article to be so removed by the owner of the article, the owner’s agent, or any person who has custody, charge or control of the article.

(2) A person who fails to comply with an order under subsection (1)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000.

(3) If a person fails to comply with an order under subsection (1)(b) in relation to an article—
 * (a) a customs officer may remove the article under subsection (1)(a); and