Customs Act 1901
PART XII
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OFFICERS
Division 1BA
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Detention and search of persons for purposes of law enforcement co-operation
Subdivision B
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Powers to detain
SECTION 219ZJC
DETENTION OF PERSON SUBJECT TO WARRANT OR BAIL CONDITION
219ZJC(1)
An officer may detain a person if:
(a) the person is in a designated place; and
(b) the officer has reasonable grounds to suspect that the person intends to leave the designated place; and
(c) either:
219ZJC(2)
The officer must advise a police officer of the person ' s detention as soon as practicable after detaining the person.
219ZJC(3)
An officer who is detaining a person under this section must ensure that the person is delivered, as soon as practicable, into the custody of a police officer to be dealt with according to law.
219ZJC(4)
Subject to subsection (6), if a person is detained under this section for a period of greater than 45 minutes, an officer who is detaining the person under this section must inform the person of the right of the person to have a family member or another person notified of the person ' s detention.
219ZJC(5)
Where a person detained under this section wishes to have a family member or another person notified of the person ' s detention, the officer must take all reasonable steps to notify the family member or another person.
219ZJC(6)
An officer who is detaining the person under this section may refuse to notify a family member or another person of the person ' s detention if the officer believes on reasonable grounds that such notification should not be made in order to:
(a) safeguard national security, the security of a foreign country or the processes of law enforcement; or
(b) protect the life and safety of any person.
View history note
Hide history noteAn officer may detain a person if:
(a) the person is in a designated place; and
(b) the officer has reasonable grounds to suspect that the person intends to leave the designated place; and
(c) either:
(i) there is a warrant for the arrest of the person in relation to a Commonwealth offence or a prescribed State or Territory offence; or
(ii) the person is on bail subject to a condition that the person not leave Australia and the bail relates to a Commonwealth offence or a prescribed State or Territory offence.
219ZJC(2)
The officer must advise a police officer of the person ' s detention as soon as practicable after detaining the person.
219ZJC(3)
An officer who is detaining a person under this section must ensure that the person is delivered, as soon as practicable, into the custody of a police officer to be dealt with according to law.
219ZJC(4)
Subject to subsection (6), if a person is detained under this section for a period of greater than 45 minutes, an officer who is detaining the person under this section must inform the person of the right of the person to have a family member or another person notified of the person ' s detention.
219ZJC(5)
Where a person detained under this section wishes to have a family member or another person notified of the person ' s detention, the officer must take all reasonable steps to notify the family member or another person.
219ZJC(6)
An officer who is detaining the person under this section may refuse to notify a family member or another person of the person ' s detention if the officer believes on reasonable grounds that such notification should not be made in order to:
(a) safeguard national security, the security of a foreign country or the processes of law enforcement; or
(b) protect the life and safety of any person.
Note: In relation to references in this section to family member, see also section 4AAA .
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