Customs Order, 2006 · As enacted · Part XII
107. Power to search vessels and aircraft
Official textFrom Attorney General's Chambers, unchanged
( 1)
A proper officer of customs may fa} go on board any vessel or aircraft in any customs port or customs airport or place or within territorial waters;
officer of customs
"officer of customs" means- (a) the Controller; (b) any Deputy Controller, Assistant Controller, Senior Superintendent, Superintendent, Deputy Superintendent or Assistant Superintendent of Customs and Excise appointed under section 3; and (c) the persons authorised by section 5 to exercise the powers of senior officers of customs or of officers of customs and any person appointed by His Majesty the Sultan and Yang Di-Pertuan to act as an officer of customs;
require the master of such vessel or the pilot of such aircraft to give such information relating to the vessel or aircraft, cargo, stores, crew, passengers or voyage as he may think necessary;
master
"master" means any person, except a pilot or harbour master, having for the time being control or charge of a vessel;
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{c)
rummage and search all parts of such vessel or aircraft for prohibited or uncustomed goods;
vessel
"vessel" includes any ship or boat or any other description of vessel used in navigation;
{d) examine all goods on board and all goods then being loaded or unloaded;
goods
"goods" includes animals, birds, fish, plants and all kinds of movable property;
{e) demand all documents which ought to be on board such vessel or aircraft;
aircraft
"aircraft" includes any kind of craft which may be used for the conveyance of passengers or goods by air;
{f)
require all or any such documents to be brought to him for inspection; and
{g)
retain any such documents brought to him for inspection, and the master of any vessel and the pilot of any aircraft refusing to allow such officer to board or search such vessel or aircraft, or refusing to give such information or to produce such documents on demand shall be guilty of an offence.
pilot
"pilot" means any person having or taking command or charge of an aircraft;
If any place, box or thing on board such vessel or aircraft is locked and the key withheld, such officer may break open any such place, box or thing.
If any goods be found concealed on board any vessel or aircraft, they shall be deemed to be uncustomed goods.
Senior officer of customs to exercise powers of search.
Terms defined in s 2
aircraft
Defined · s 2"aircraft" includes any kind of craft which may be used for the conveyance of passengers or goods by air;
customs airport
Defined · s 2"customs airport" means any place which has been prescribed as a customs airport; 597 13th. MARCH, 2006
customs port
Defined · s 2"customs port" means any port within the meaning of the Ports Act prescribed to be a customs port;
goods
Defined · s 2"goods" includes animals, birds, fish, plants and all kinds of movable property;
master
Defined · s 2"master" means any person, except a pilot or harbour master, having for the time being control or charge of a vessel;
officer of customs
Defined · s 2"officer of customs" means- (a) the Controller; (b) any Deputy Controller, Assistant Controller, Senior Superintendent, Superintendent, Deputy Superintendent or Assistant Superintendent of Customs and Excise appointed under section 3; and (c) the persons authorised by section 5 to exercise the powers of senior officers of customs or of officers of customs and any person appointed by His Majesty the Sultan and Yang Di-Pertuan to act as an officer of customs;
pilot
Defined · s 2"pilot" means any person having or taking command or charge of an aircraft;
vessel
Defined · s 2"vessel" includes any ship or boat or any other description of vessel used in navigation;