Customs Act 1901

PART XII - OFFICERS  

Division 1BA - Detention and search of persons for purposes of law enforcement co-operation  

Subdivision C - Matters affecting detention generally  

SECTION 219ZJJ   DETENTION OF MINORS  

219ZJJ(1)  
Subject to subsection (2), an officer who under this Division detains a person who is known or believed to be a minor must:


(a) inform the minor of the right for a parent or guardian or person described in paragraph (c) to be notified of the minor ' s detention; and


(b) upon the request of the minor, take all reasonable steps to notify such person and inform them of:


(i) the fact that the minor has been detained; and

(ii) the place in which the minor is being held; and

(iii) the place to which the minor is to be transferred by police, if that place is known at the time of contacting the minor ' s parent or guardian; and

(iv) the reason for the minor ' s detention, unless the minor is detained under section 219ZJCA ; and


(c) if a parent or guardian is not acceptable to the detained minor under this subsection, the detained minor may request that another person who is capable of representing the interests of the minor be notified.

219ZJJ(2)  
An officer who under this Division detains a person who is known or believed to be a minor may refuse to notify a parent or guardian or person described in paragraph (1)(c) 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.

219ZJJ(3)  
If at the time of notifying the parent or guardian, the officer is not aware of the place referred to in subparagraph (1)(b)(iii), the officer must:


(a) contact the parent or guardian or other person described in paragraph (1)(c) immediately after that place becomes known to the officer; and


(b) inform the parent or guardian of that place.

219ZJJ(4)  
An officer who under this Division detains a person who is known or believed to be a minor must, at the time of advising a police officer of the minor ' s detention in accordance with subsection 219ZJB(2) or 219ZJC(2) , advise the police officer of the fact that the detained person is a minor, or is believed to be a minor.

219ZJJ(5)  
For the purposes of this section, a minor is considered to be any person under the age of 18 years.




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