Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 219V

Application of section

  (1)   This section applies only so long as a detention officer or police officer suspects on reasonable grounds that the detainee is internally concealing a suspicious substance.

Consent to internal medical search

  (2)   If:

  (a)   there are no reasonable grounds to believe that the detainee is in need of protection; and

  (b)   the detainee signs a written consent to an internal medical search;

an officer of Customs or police officer must, as soon as practicable, arrange for an internal medical search of the detainee.

Note:   A detainee may be given, under section   219ZAD, a copy of the consent of the detainee.

Application for order for internal medical search

  (3)   If:

  (a)   there are no reasonable grounds to believe that the detainee is in need of protection; and

  (b)   the detainee has been detained under section   219U; and

  (c)   the detainee has not signed a written consent to an internal medical search;

the Comptroller - General of Customs or a police officer must, before the end of the period of detention under that section, apply to a Division   1B Judge for an order for an internal medical search of the detainee.

  (4)   If there are reasonable grounds to believe that the detainee is in need of protection, the Comptroller - General of Customs or a police officer must:

  (a)   if a person has been appointed under subsection   219T(5) or 219X(3) to represent the detainee's interests in relation to this Division and that person consents to an internal medical search of the detainee--as soon as practicable after the consent is given; or

  (b)   if paragraph   (a) does not apply, and the detainee has been detained under section   219U--before the end of the period of that detention;

apply to a Division   1B Judge for an order for an internal medical search of the detainee.

Extension of detention period

  (5)   After the end of a period of detention under section   219S, 219T or 219U, the detainee may be further detained by force of this subsection:

  (a)   if subsection   (2) applies--until the internal medical search is completed; or

  (b)   if subsection   (3) or (4) applies--until an order under this section is granted.

Order for internal medical search

  (6)   Subject to subsections   (9) and (10), the Judge may order that:

  (a)   an internal medical search of the detainee be carried out, the search to start:

  (i)   if consent to the search has been given under paragraph   (4)(a)--as soon as practicable after the order is made and no later than a time specified in the order; or

  (ii)   in any other case--no sooner than the end of the period of detention under section   219U, but as soon as practicable after the end of that period and no later than a time specified in the order; and

  (b)   the detainee be detained for so long as is reasonably necessary for the internal medical search to be completed.

Order for release

  (7)   Where the Judge does not make such an order, he or she must order that the detainee be released immediately.

Extension of time for starting internal medical search

  (8)   Subject to subsections   (9) and (10), on an application made by the Comptroller - General of Customs or a police officer within the time specified in an order under paragraph   (6)(a), or the time as extended under this subsection, the Judge may extend that time.

Limitation on making order

  (9)   The Judge must not make an order under subsection   (6), or grant an extension of time under subsection   (8), unless he or she is satisfied that there are reasonable grounds for suspecting that the detainee is internally concealing a suspicious substance.

Time for starting internal medical search

  (10)   Subject to subsection   (11), the time specified in an order under paragraph   (6)(a), including that time as extended under subsection   (8), must not be later than 48 hours after:

  (a)   if the detainee is being detained under section   219S, 219T or 219U--the end of the period of that detention; or

  (b)   if the detainee is being detained under subsection   (5)--the time when that detention began.

  (11)   If the Judge is satisfied that the detainee will refuse, or has refused, to submit to an internal medical search in spite of an order having been made under subsection   (6), the time specified in the order under paragraph   (6)(a), including that time as extended under subsection   (8), is to be such time as the Judge considers appropriate in order to allow an internal medical search to be carried out.