Customs Act 1901

PART XII - OFFICERS  

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

Subdivision B - Powers to detain  

SECTION 219ZJB   DETENTION OF PERSON SUSPECTED OF COMMITTING SERIOUS COMMONWEALTH OFFENCE OR PRESCRIBED STATE OR TERRITORY OFFENCE  

219ZJB(1)  
An officer may detain a person if:


(a) the person is in a designated place; and


(b) the officer has reasonable grounds to suspect that the person has committed, is committing or intends to commit a serious Commonwealth offence or a prescribed State or Territory offence.

219ZJB(2)  
The officer must advise a police officer of the person ' s detention as soon as practicable after detaining the person.

219ZJB(3)  


An officer who is detaining a person under this section must ensure that the person is made available, as soon as practicable, to a police officer to be dealt with according to law.

219ZJB(4)  


If an officer who is detaining a person under this section ceases to have reasonable grounds to suspect that the person has committed, was committing or was intending to commit a serious Commonwealth offence or a prescribed State or Territory offence, the officer must release the person from detention immediately.

219ZJB(5)  


Subject to subsection (7), if a person is detained under this section for a period of greater than 2 hours, an officer who is detaining the person under this section must inform the person of the right of the person to have a family member or another person notified of the person ' s detention.

219ZJB(6)  
Where a person detained under this section wishes to have a family member or another person notified of the person ' s detention, the officer must take all reasonable steps to notify the family member or another person.

219ZJB(7)  
An officer who is detaining the person under this section may refuse to notify a family member or another person 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.

Note: In relation to references in this section to family member, see also section 4AAA .




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