Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 219SA

  (1)   If a person has been detained under section   219S, an officer of Customs may carry out an internal non - medical scan of the person, as soon as practicable, if:

  (a)   there are reasonable grounds to believe that the detainee is not in need of protection; and

  (b)   the detainee consents to an internal non - medical scan using equipment prescribed for the purposes of this subsection; and

  (c)   the requirements of section   219ZAA are met in inviting the detainee to so consent.

  (2)   An internal non - medical scan of a detainee must be carried out:

  (a)   using equipment prescribed for the purposes of subsection   (1); and

  (b)   by an officer who is authorised for the purposes of subsection   219ZAA(3) to use that equipment.

Note 1:   The officer must also be the same sex as the detainee (see subsection   219ZAA(3)).

Note 2:   Any photograph or image taken using the prescribed equipment must be destroyed in accordance with section   219ZAE.