Customs Act 1901

PART XII - OFFICERS  

Division 1B - Detention and Search of Suspects  

Subdivision D - Detention generally  

SECTION 219ZC   DETENTION UNDER THIS DIVISION  

219ZC(1)  
An officer of Customs or police officer exercising powers under this Division in relation to a person must produce identification as such an officer when requested by the person to do so.

219ZC(2)  
An officer of Customs or police officer exercising powers under this Division in relation to a person must not use more force, or subject the person to greater indignity, than is reasonable and necessary.

219ZC(2A)  


Without otherwise limiting the application of subsection (2), the use of force in actually conducting an external search of a detainee will be regarded as reasonable and necessary:


(a) if an order has been made by a Justice under section 219R and the detainee does not submit to the search; or


(b) if an order has been made under that section by an authorised officer because a Justice was not reasonably available and the detainee does not submit to the search.

219ZC(3)  
While a person is being taken to a particular place under this Division (except under subsection 219ZE(3) ) the person is regarded as being detained under this Division.

219ZC(4)  
While a person is being detained under this Division, the person is regarded as being in the custody of:


(a) if the person is being detained by an officer of Customs - the Comptroller-General of Customs; or


(b) if the person is being detained by a member of the Australian Federal Police - the Commissioner of Police; or


(c) if the person is being detained by a member of the Police Force of a State or Territory - the person who holds, in relation to that Police Force, the same office as the Commissioner of Police holds in relation to the Australian Federal Police.


 

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