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 219ZJC   DETENTION OF PERSON SUBJECT TO WARRANT OR BAIL CONDITION  

219ZJC(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 intends to leave the designated place; and


(c) either:


(i) there is a warrant for the arrest of the person in relation to a Commonwealth offence or a prescribed State or Territory offence; or

(ii) the person is on bail subject to a condition that the person not leave Australia and the bail relates to a Commonwealth offence or a prescribed State or Territory offence.

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

219ZJC(3)  
An officer who is detaining a person under this section must ensure that the person is delivered, as soon as practicable, into the custody of a police officer to be dealt with according to law.

219ZJC(4)  
Subject to subsection (6), if a person is detained under this section for a period of greater than 45 minutes, 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.

219ZJC(5)  
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.

219ZJC(6)  
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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