Customs Act 1901
If a person has been detained under section 219S , the Comptroller-General of Customs or a police officer must, as soon as practicable, apply for an order under section 219T that the detainee be detained if:
(a) the detainee has been invited to consent to an internal non-medical scan using equipment prescribed for the purposes of subsection 219SA(1) ; and
(b) any of the following apply:
(i) the detainee does not consent to the internal non-medical scan;
(ii) the internal non-medical scan of the detainee is begun but not completed, and a detention officer or police officer suspects on reasonable grounds that the detainee is internally concealing a suspicious substance;
(iii) after carrying out the internal non-medical scan of the detainee, a detention officer or police officer suspects on reasonable grounds that the detainee is internally concealing a suspicious substance; and
(c) subsection 219V(2) does not apply (consent to internal medical search).
Note 1:
An officer of Customs or a police officer must arrange for an internal medical search of the detainee by a medical practitioner if subsection 219V(2) applies.
Note 2:
The detainee must be released under section 219ZE if no detention officer suspects on reasonable grounds that the detainee is concealing a suspicious substance.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.