Customs Act 1901

PART XII - OFFICERS  

Division 1B - Detention and Search of Suspects  

Subdivision C - Detention and internal search of persons suspected of internally concealing substances etc.  

SECTION 219X   DETAINEE BECOMING IN NEED OF PROTECTION  

219X(1)  


If:


(a) at any time while a person is being detained under this Subdivision, there are reasonable grounds to believe that the detainee has become in need of protection; and


(b) until that time, the detainee has not been treated under this Subdivision as being in need of protection;

the Comptroller-General of Customs or a police officer must, as soon as practicable, apply for an order under this section.

219X(2)  
The application is to be made:


(a) if the person is being detained under an order made by a Division 1B Judge or Division 1B Magistrate - to such a Judge or Magistrate, as the case may be; or


(b) if not - to a Division 1B Judge.

219X(3)  
The Judge or Magistrate must, if satisfied that the detainee is in need of protection, appoint a person (not being an officer of Customs or a police officer) to represent the detainee's interests in relation to this Division until the detainee is no longer in need of protection.

219X(4)  
So far as is practicable, a person so appointed must be a person acceptable to the detainee.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.