Customs Act 1901
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Hide history noteAn internal medical search is to be carried out by a medical practitioner.
Where the detainee is in need of protection, the search is to be carried out in the presence of the person appointed under subsection 219T(5) or 219X(3).
Subject to subsection (5), the search is to be carried out at a place that:
(a) is specified in regulations made for the purposes of this subsection; or
(b) is provided with the technical, paramedical and other services prescribed for the purposes of this subsection.
If the person is not being detained at such a place, an officer of Customs or police officer must, as soon as practicable:
(a) take the person to the nearest such place that the officer considers, on reasonable grounds, to be suitable for the search; and
(b) continue the person's detention at that place.
The recovery, during the search, of a substance or thing internally concealed by the detainee is to be carried out at a place that:
(a) is specified in regulations made for the purposes of this subsection; or
(b) is provided with the technical, paramedical and other services prescribed for the purposes of this subsection.
If the person is not being detained at such a place, an officer of Customs or police officer must:
(a) take the person to the nearest such place that the officer considers, on reasonable grounds, to be suitable for the recovery; and
(b) continue the person's detention at that place.
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