Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 219SB

    If a person has been detained under section   219S, the Comptroller - General of Customs or a police officer must, as soon as practicable, apply for an order under section   219T that the detainee be detained if:

  (a)   the detainee has been invited to consent to an internal non - medical scan using equipment prescribed for the purposes of subsection   219SA(1); and

  (b)   any of the following apply:

  (i)   the detainee does not consent to the internal non - medical scan;

  (ii)   the internal non - medical scan of the detainee is begun but not completed, and a detention officer or police officer suspects on reasonable grounds that the detainee is internally concealing a suspicious substance;

  (iii)   after carrying out the internal non - medical scan of the detainee, a detention officer or police officer suspects on reasonable grounds that the detainee is internally concealing a suspicious substance; and

  (c)   subsection   219V(2) does not apply (consent to internal medical search).

Note 1:   An officer of Customs or a police officer must arrange for an internal medical search of the detainee by a medical practitioner if subsection   219V(2) applies.

Note 2:   The detainee must be released under section   219ZE if no detention officer suspects on reasonable grounds that the detainee is concealing a suspicious substance.