Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 219ZAB

Equipment that may be prescribed for external searches

  (1)   For the purposes of subsection   219R(11A), the regulations may prescribe only equipment that can produce an indication that a person is or may be carrying prohibited goods on his or her body.

Equipment that may be prescribed for internal non - medical scans

  (2)   For the purposes of subsection   219SA(1), the regulations may prescribe only equipment that can produce an indication that a person is or may be internally concealing a suspicious substance.

  (2A)   Any equipment prescribed under subsection   (2) must be configured so that the equipment's use, when carrying out an internal non - medical scan, is limited to that necessary to produce an indication that a person is or may be internally concealing a suspicious substance.

Requirement for statement from Comptroller - General of Customs

  (3)   Before the Governor - General makes a regulation prescribing equipment for the purposes of subsection   219R(11A) or 219SA(1), the Minister must obtain from the Comptroller - General of Customs a statement that:

  (a)   the equipment can safely be used to detect prohibited goods or suspicious substances (as the case requires); and

  (b)   use of the equipment poses no risk, or minimal risk, to the health of a person whom the equipment is used to search; and

  (c)   a person does not require professional qualifications to operate the equipment.

Consultation with relevant authorities

  (4)   Before making a statement under subsection   (3), the Comptroller - General of Customs must consult any Commonwealth authorities (if any) that have expertise or responsibilities relevant to the matters addressed by the statement.

  (5)   The Comptroller - General of Customs must table, before each House of the Parliament, a copy of any advice received under subsection   (4) within 7 sitting days of that House after the day on which the statement is given to the Minister.