Customs Act 1901

PART XII - OFFICERS  

Division 1B - Detention and Search of Suspects  

Subdivision E - Medical Practitioners  

SECTION 219ZH   MEDICAL PRACTITIONER TO ANSWER QUESTIONS AND PREPARE REPORT  

219ZH(1)  
Subject to subsection (4), at any time during the period during which a medical practitioner is involved in doing anything under this Division, an officer of Customs or police officer may ask the medical practitioner questions relating to whether an internal search of the detainee should be carried out, the manner in which such a search is being carried out or the results of such a search, and the medical practitioner must answer those questions to the best of his or her ability.

219ZH(2)  
As soon as practicable after completing anything done under this Division, the medical practitioner or medical practitioners involved must give to the chief officer of the person who detained the detainee a written report under subsection (3).

219ZH(3)  
The report is to be in accordance with directions given by the chief officer concerned.

219ZH(4)  
Subsections (1), (2) and (3) are not limited by any law relating to privilege or confidentiality.

219ZH(5)  
A report prepared under subsection (3) and given to a chief officer under subsection (2) is, in any proceedings under this Act, prima facie evidence of the facts stated in the report.

219ZH(6)  


In this section:

"chief officer"
means:


(a) in relation to an officer of Customs - the Comptroller-General of Customs; or


(b) in relation to a member of the Australian Federal Police - the Commissioner of Police; or


(c) in relation to a member of the Police Force of a State or Territory - the person who holds, in relation to that Police Force, the same office as the Commissioner of Police holds in relation to the Australian Federal Police.




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