Customs Act 1901
View history note
Hide history noteIn inviting a detainee to consent to an external search, an officer of Customs must have told the detainee:
(a) that a videotape or other electronic record may be made of the external search; and
(b) that, if such a record is made, the record could be used in evidence against the detainee in a court; and
(c) that, if such a record is made, a copy of the record will be provided to the detainee; and
(d) that the invitation, and any giving of consent, was being or would be itself recorded by audiotape, videotape or other electronic means or in writing.
Note:
Any videotape or electronic record made of an external search must be destroyed in accordance with section 219ZAE .
219RAA(2)
The invitation to consent and any giving of consent must have been recorded by audiotape, videotape or other electronic means or in writing.
Note:
A detainee may be given, under section 219ZAD , a copy of the record of the invitation to consent and any consent of the detainee.
219RAA(3)
The officer making the videotape or other electronic record must be of the same sex as the detainee.
219RAA(4)
If, in the absence of consent by the detainee to an external search, an application is made for an order under subsection 219R(2) for an external search, that order may authorise the making of a videotape or other electronic record of the external search.
219RAA(5)
If, in the course of carrying out an external search, an officer of Customs or a police officer finds evidence that the detainee is unlawfully carrying prohibited goods, that officer may, without the further consent of the detainee, take a photograph of the prohibited goods on the detainee.
Note:
Any photograph taken must be destroyed in accordance with section 219ZAE .
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