Customs Act 1901


Division 1B - Detention and Search of Suspects  

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


219W(1)   [Detainee's right to consult another person]  

A person detained under this Subdivision may at any time:

(a) consult a lawyer; or

(b) subject to subsection (3), communicate with another person.

219W(2)   [Consultation with lawyer]  

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.

219W(3)   [Power to prevent communication]  

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.

219W(4)   [Power to question detainee]  

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.

219W(5)   [Detainee to be informed of rights]  

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.

219W(6)   [Conditions of detention]  

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

(ii) if the order was made by a Magistrate - a Division 1B Judge or a Division 1B Magistrate;
for the order to be revoked.

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