Customs Act 1901

PART XII - OFFICERS  

Division 1B - Detention and Search of Suspects  

Subdivision D - Detention generally  

SECTION 219ZE   RELEASE FROM, OR CESSATION OF DETENTION  

219ZE(1)   [Must be immediate]  

In spite of any other provision of this Division, but subject to subsection (2) and section 219ZG, where a person is detained under this Division and:


(a) an order is made under this Division that the person be released; or


(b) an order for the detention of the person is revoked; or


(c) an order for the detention of the person has ended and subsection 219V(5) does not apply; or


(ca) if the detention is under Subdivision A - no detention officer suspects on reasonable grounds that the person is unlawfully carrying prohibited goods on his or her body; or


(cb) (Repealed by No 74 of 2008)


(d) if the detention is under Subdivision B - no detention officer suspects on reasonable grounds that the person is unlawfully carrying prohibited goods on his or her body; or


(e) if the detention is under Subdivision C - no detention officer suspects on reasonable grounds that the person is internally concealing a suspicious substance; or


(f) an internal medical search of the person is completed;

the detention, and any search, of the person under this Division must cease immediately.

219ZE(2)   [Detention under other laws]  

Subsection (1) does not prevent a further application of this Division, or the detention of the person under any law other than this Division.

219ZE(3)   [Returned to place of first detention]  

If:


(a) the detainee is released at any place other than the place at which he or she was first detained; and


(b) the detainee so requests;

the detainee must immediately be returned free of charge to the place of the first detention.




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