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 219ZJCA   DETENTION OF PERSON FOR NATIONAL SECURITY OR SECURITY OF A FOREIGN COUNTRY  

219ZJCA(1)  
An officer may detain a person if:


(a) the person is in a designated place; and


(b) the officer is satisfied on reasonable grounds that the person is, or is likely to be, involved in an activity that is a threat to national security or the security of a foreign country.

219ZJCA(2)  
An officer who is detaining a person under this section must (subject to subsection (3)) ensure that the person is made available, as soon as practicable, to a police officer in person to be dealt with according to law.

219ZJCA(3)  
An officer who is detaining a person under this section must release the person from that detention immediately if:


(a) the officer ceases to be satisfied on reasonable grounds that the person is, or is likely to be, involved in an activity that is a threat to national security or the security of a foreign country; or


(b) the person is made available to a police officer under subsection (2); or


(c) a police officer indicates that the police force to which the police officer belongs has no interest in the person.

219ZJCA(4)  
Subject to subsection (6), if a person is detained under this section for more than 2 hours, 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.

219ZJCA(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 the other person.

219ZJCA(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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