Customs Act 1901

PART XII - OFFICERS  

Division 1B - Detention and Search of Suspects  

Subdivision C - Detention and internal search of persons suspected of internally concealing substances etc.  

SECTION 219SA   INTERNAL NON-MEDICAL SCAN USING PRESCRIBED EQUIPMENT  

219SA(1)    
If a person has been detained under section 219S , an officer of Customs may carry out an internal non-medical scan of the person, as soon as practicable, if:

(a) there are reasonable grounds to believe that the detainee is not in need of protection; and

(b) the detainee consents to an internal non-medical scan using equipment prescribed for the purposes of this subsection; and

(c) the requirements of section 219ZAA are met in inviting the detainee to so consent.

219SA(2)    
An internal non-medical scan of a detainee must be carried out:

(a) using equipment prescribed for the purposes of subsection (1); and

(b) by an officer who is authorised for the purposes of subsection 219ZAA(3) to use that equipment.

Note 1:

The officer must also be the same sex as the detainee (see subsection 219ZAA(3) ).

Note 2:

Any photograph or image taken using the prescribed equipment must be destroyed in accordance with section 219ZAE .