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 219Y   APPLICATIONS FOR ORDERS UNDER THIS SUBDIVISION  

219Y(1)    
A detainee must be given adequate opportunity to obtain legal advice and legal representation in relation to an application for an order under this Subdivision.

219Y(2)    
An application under this Subdivision may be made orally or in writing and, subject to subsection (5), must be made in person, and on oath or affirmation, at a hearing before the relevant Judge or Magistrate.

219Y(3)    
Subject to subsection (4), the detainee has the right to be present at, to make submissions to, and to be represented before, any hearing before the Judge or Magistrate.

219Y(4)    
The Judge or Magistrate, to the extent that he or she thinks necessary to:

(a) safeguard the processes of law enforcement; or

(b) protect the life and safety of any person;

may:

(c) restrict the rights under subsection (3) of the detainee to hear or have access to evidence presented by or on behalf of the Comptroller-General of Customs or a police officer; or

(d) order that a witness not be required to answer a question or to produce a document.

219Y(5)    
Where it is not practicable to make an application under this Subdivision in person, the application may be made by telephone or any other appropriate method of communication, and:

(a) if the Judge or Magistrate so requires - the detainee or the detainee's representative is to be given an opportunity to make submissions to the Judge or Magistrate by the same method of communication; and

(b) as soon as practicable after making the application, the Comptroller-General of Customs or a police officer must give the Judge or Magistrate a statutory declaration setting out the facts and reasons supporting the application.