Australia Border Force has extensive powers and can seize devices from a person when they are entering Australia. 

Under the Customs Act 1901 (Cth) and the Australian Border Force Act 2015 (Cth), Australian Border Force officers can inspect, search and seize electronic devices. 

Australian Border Force officers can inspect, search and seize if they suspect a person has a device that contains material relevant to border offences such as child exploitation material, terrorism-related content or prohibited imports. Officers can also conduct a digital forensic search. 

Border Force officers have legislative powers to conduct baggage examinations and to question travellers to identify breaches of customs, quarantine and other Commonwealth legislation, including imports and exports of prohibited goods.

Border Force officers exercise questioning powers under Section 195 of the Customs Act 1901 and other Commonwealth legislation. Border Force officers can exercise powers to examine goods under Section 186 of the Customs Act 1901. A person’s goods may be retained for examination.

After examining items, Border Force officers may copy a document if satisfied that the document may contain information relevant to prohibited goods, an offence against the Customs Act or a prescribed Act or certain security matters. A document includes information on mobile phones, SIM cards, laptops, personal electronic recording devices and computers. When a document is copied, the traveller does not need to be present.

Electronic devices held for forensic examination under section 186 of the Customs Act are retained for no longer than 14 days. Provided that on the electronic devices there is no content on any device retained which would be subject to seizure under relevant laws. If an electronic device is subject to seizure, the examination of retained devices may take longer than 14 days.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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