Commonwealth Consolidated Acts

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CUSTOMS ACT 1901 - SECT 219U

Renewal of order for detention

  (1)   Where:

  (a)   a person is being detained under an order under section   219T; and

  (b)   a detention officer or police officer decides that a further period of detention is necessary in order to determine whether the person is internally concealing a suspicious substance;

the Comptroller - General of Customs or a police officer may apply:

  (c)   if there are reasonable grounds to suspect that the detainee is in need of protection--to a Division   1B Judge; or

  (d)   in any other case--to a Division   1B Judge or a Division   1B Magistrate;

for an order that the detainee be further detained.

  (2)   Subject to subsection   (3), the Judge or Magistrate may order that the detainee be further detained under this section for a period of 48 hours from the end of the period for which the unexpired order is in force.

  (3)   The Judge or Magistrate must not make such an order unless he or she is satisfied that there are reasonable grounds for suspecting that the detainee is internally concealing a suspicious substance.

  (4)   Where the Judge or Magistrate does not make such an order, he or she must order that, at the end of the period for which the unexpired order is in force, the detainee be released immediately.


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