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 219SB  

219SB   SEEKING DETENTION ORDER FOLLOWING INVITATION TO CONSENT TO INTERNAL NON-MEDICAL SCAN  

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.