Customs Act 1901
View history note
Hide history noteIf:
(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.
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