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KnowYourRightsHub
Customs Act 1901

Border Force Rights

The Australian Border Force (ABF) has some of the broadest search powers in the country. Your rights at the airport are very different from the street.

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Can they search my phone?

Under the Customs Act 1901, ABF officers have the power to examine all 'goods', which includes your mobile phone, laptop, and tablet.

Passwords & Passcodes:

Technically, the Customs Act does not explicitly compel you to provide your passcode on the spot. However, ABF can seize your device for further 'examination'. If you refuse, they may retain the device for weeks or seek a court order to compel access. Most travellers provide the code to avoid seizure.

Baggage Searches

ABF can search all luggage without a warrant or suspicion. They are looking for prohibited items, undeclared currency (over $10,000 AUD), and biosecurity risks.

Personal Searches

Frisk searches are common. A 'Frisk Search' involves a pat-down. A 'External Search' (more invasive) requires the officer to suspect you are concealing prohibited items.

Your Right to Silence?

While you have a general right to remain silent in Australia, at the border you are legally required to answer questions about your goods, your travel, and your identity truthfully under the Customs Act. Providing false information to a Border Force officer is a criminal offence.

Are you a Non-Citizen?

If you are entering on a visa (e.g. 408, 482, 417), ABF has the power to cancel your visa on the spot if they believe you have breached its conditions or are a risk to the community.

Always consult an immigration lawyer or registered migration agent (MARA) for specific visa advice.