Customs Act 1901

PART XII - OFFICERS  

Division 1B - Detention and Search of Suspects  

Subdivision CA - Prescribed equipment for external searches and internal non-medical scans  

SECTION 219ZAB   PRESCRIBING EQUIPMENT FOR USE IN EXTERNAL SEARCHES AND INTERNAL NON-MEDICAL SCANS  

Equipment that may be prescribed for external searches

219ZAB(1)    
For the purposes of subsection 219R(11A) , the regulations may prescribe only equipment that can produce an indication that a person is or may be carrying prohibited goods on his or her body.

Equipment that may be prescribed for internal non-medical scans

219ZAB(2)    
For the purposes of subsection 219SA(1) , the regulations may prescribe only equipment that can produce an indication that a person is or may be internally concealing a suspicious substance.

219ZAB(2A)    
Any equipment prescribed under subsection (2) must be configured so that the equipment ' s use, when carrying out an internal non-medical scan, is limited to that necessary to produce an indication that a person is or may be internally concealing a suspicious substance.

Requirement for statement from Comptroller-General of Customs

219ZAB(3)    

Before the Governor-General makes a regulation prescribing equipment for the purposes of subsection 219R(11A) or 219SA(1) , the Minister must obtain from the Comptroller-General of Customs a statement that:

(a) the equipment can safely be used to detect prohibited goods or suspicious substances (as the case requires); and

(b) use of the equipment poses no risk, or minimal risk, to the health of a person whom the equipment is used to search; and

(c) a person does not require professional qualifications to operate the equipment.

Consultation with relevant authorities

219ZAB(4)    

Before making a statement under subsection (3), the Comptroller-General of Customs must consult any Commonwealth authorities (if any) that have expertise or responsibilities relevant to the matters addressed by the statement.

219ZAB(5)    

The Comptroller-General of Customs must table, before each House of the Parliament, a copy of any advice received under subsection (4) within 7 sitting days of that House after the day on which the statement is given to the Minister.