Customs Act 1901
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Hide history noteA person detained under this Subdivision may at any time:
(a) consult a lawyer; or
(b) subject to subsection (3), communicate with another person.
Where a person detained under this Subdivision wishes to consult a lawyer, an officer of Customs or police officer must arrange for the person to consult a lawyer of the person's choice.
An officer of Customs or police officer may stop a person so detained from communicating with another person if the officer believes on reasonable grounds that such communication should be stopped in order to:
(a) safeguard the processes of law enforcement; or
(b) protect the life and safety of any person.
While a person is being detained under an order under this Subdivision, or has consented to an internal search under this Subdivision, a detention officer or police officer may ask the person such questions as are reasonable:
(a) to determine whether the person is internally concealing a suspicious substance; or
(b) concerning any such substance found to have been internally concealed by the person.
The detention officer or police officer must not question the detainee under subsection (4) unless the detention officer or police officer has informed the detainee:
(a) that the detainee is not obliged to answer any questions asked of him or her; and
(b) that anything said by him or her may be used in evidence; and
(c) of his or her right to consult a lawyer or communicate with another person.
While the person is detained under an order made under this Subdivision:
(a) subject to section 219ZG, the person is to be detained at a detention place; and
(b) the detention is to be conducted with such medical supervision as is specified in an order relating to the person's detention under this Subdivision; and
(c) the detainee, his or her representative or (where applicable) a person appointed under subsection 219T(5) or 219X(3) to represent the detainee's interests in relation to this Division may at any time apply to:
(i) if the order was made by a Judge - a Division 1B Judge; or
for the order to be revoked.
(ii) if the order was made by a Magistrate - a Division 1B Judge or a Division 1B Magistrate;
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