Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 219ZAA

Requirements in inviting consent

  (1)   In inviting a detainee to consent to the use of prescribed equipment in an external search, or to an internal non - medical scan using prescribed equipment, an officer of Customs must tell the detainee the following:

  (a)   what the prescribed equipment is;

  (b)   the purpose for which the prescribed equipment would be used;

  (c)   that use of the prescribed equipment could produce evidence against the detainee that could be used in a court;

  (d)   what known risk (if any) would be posed to the detainee's health by use of the prescribed equipment;

  (e)   the procedure for the use of the prescribed equipment;

  (f)   that the prescribed equipment would be used by an officer of Customs authorised to use the equipment;

  (g)   in the case of an external search--that the search would be continued without the use of the prescribed equipment should use of the equipment indicate that the detainee was or might be carrying prohibited goods;

  (h)   in the case of an internal non - medical scan--that an order may be sought for the detainee to be detained, and for an internal medical search of the detainee to be carried out, if:

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

  (ii)   after carrying out an 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;

  (i)   in any case--that the invitation, and any giving of consent, was being or would be recorded by audiotape, videotape or other electronic means or in writing;

  (j)   that the detainee is entitled to a copy of those records.

Note:   A detainee may be given, under section   219ZAD, a copy of the record of the invitation to consent and any consent of the detainee.

  (2)   The invitation to consent and any consent must be recorded by audiotape, videotape or other electronic means or in writing.

Equipment to be operated by officer of same sex as detainee

  (3)   The prescribed equipment must be operated by an authorised officer who is of the same sex as the detainee.

Note:   Section   219ZAC deals with authorisation of an officer to operate equipment.