Customs Act 1901


Division 1B - Detention and Search of Suspects  

Subdivision C - Detention and internal search of persons suspected of internally concealing substances etc.  



This section applies if:

(a) a person is detained under section 219S ; and

(b) subsection 219V(2) does not apply (consent to internal medical search); and

(c) for a person who has been invited to consent to an internal non-medical scan using prescribed equipment - the Comptroller-General of Customs or a police officer is required, under section 219SB , to apply for an order under this section.


The Comptroller-General of Customs or a police officer must, as soon as practicable, apply:

(a) if there are reasonable grounds to suspect that the person is in need of protection - to a Division 1B Judge; or

(b) in any other case - to a Division 1B Judge or a Division 1B Magistrate;

for an order that the detainee be detained.

Subject to subsection (3), the Judge or Magistrate may order that the detainee be detained under this section for a period of 48 hours from:

(a) the time at which the detention began; or

(b) the time at which the order is made;

as the Judge or Magistrate thinks fit.

The Judge or Magistrate must not make such an order unless he or she is satisfied that there are reasonable grounds for suspecting that the detainee is internally concealing a suspicious substance.

Where the Judge or Magistrate does not make such an order, he or she must order that the detainee be released immediately.


(a) a Judge or Magistrate orders that a detainee be detained under this section; and

(b) the Judge or Magistrate is satisfied that the detainee is in need of protection;

the Judge or Magistrate must appoint a person (not being an officer of Customs or police officer) to represent the detainee's interests in relation to this Division until the detainee is no longer in need of protection.

So far as is practicable, a person so appointed must be acceptable to the detainee.

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