Customs Act 1901


Division 1BA - Detention and search of persons for purposes of law enforcement co-operation  

Subdivision C - Matters affecting detention generally  


An officer may, in relation to a person detained under this Division:

(a) conduct a frisk search or an ordinary search of the person; and

(b) search the clothing that the person is wearing and any property under the person ' s immediate control, if the officer believes on reasonable grounds that it is necessary to do so;

for the purposes of:

(c) determining whether there is concealed on the person, or in the person ' s clothing or property, a weapon or other thing capable of being used to inflict bodily injury or to assist the person to escape from detention; or

(d) in the case of a person detained under section 219ZJB - preventing the concealment, loss or destruction of evidence of, or relating to, the offence concerned.; or

(e) in the case of a person detained under section 219ZJCA - preventing the concealment, loss or destruction of material of interest for national security or the security of a foreign country.

A search under this section must be conducted:

(a) as soon as practicable after the person is detained; and

(b) by an officer of the same sex as the detained person.

An officer who conducts a search under this section may seize:

(a) any weapon or thing mentioned in paragraph (1)(c); and

(b) anything the officer has reasonable grounds to believe is a thing:

(i) with respect to which an offence has been committed; or

(ii) that will afford evidence of the commission of an offence; or

(iii) that was used, or intended to be used, for the purpose of committing an offence.; or

(iv) that is of interest for national security or the security of a foreign country.


An officer who seizes a weapon or other thing under subsection (3) must ensure that it is made available to:

(a) the police officer to whom the person is made available under subsection 219ZJB(3) or 219ZJCA(2) ; or

(b) the police officer into whose custody the person is delivered under subsection 219ZJC(3) .


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