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.

 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.