Customs Act 1901

PART XII - OFFICERS  

Division 1B - Detention and Search of Suspects  

Subdivision B - Detention and external search of suspects  

SECTION 219Q   DETENTION FOR EXTERNAL SEARCH  

219Q(1)  


Where a detention officer or police officer suspects on reasonable grounds that a person is unlawfully carrying any prohibited goods on his or her body, an officer of Customs or police officer may detain the person for the purposes of being searched under this Subdivision.

219Q(2)  
Where a person is so detained, an officer of Customs or police officer must, as soon as practicable, take the person to:


(a) a detention place that the officer considers suitable for the detention of the person for the purposes of this Subdivision; or


(b) a place (other than a detention place):


(i) if the person is detained by a detention officer - that, in the opinion of the Comptroller-General of Customs, affords adequate personal privacy to the person; or

(ii) if the person is detained by a police officer - that, in the police officer's opinion, affords adequate personal privacy to the person.



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