Document ID: chunk:federal_register_of_legislation:C2025C00155:section:219r:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 219R (pt 1/3)
Character Range: 1425603–1428199

219R  External search

External search by consent or order
 (1) Where:
 (a) by force of section 219P, this section applies to a person detained under section 219L; or
 (b) a detention officer or police officer suspects on reasonable grounds that a person detained under section 219Q is unlawfully carrying prohibited goods on his or her body;
then:
 (c) if:
 (i) there are reasonable grounds to believe that the detainee is not in need of protection; and
 (ii) the detainee consents to be searched; and
 (iii) the requirements of section 219RAA are met in respect of that consent;
  an officer of Customs or police officer must, as soon as practicable, carry out an external search of the detainee; or
 (d) in any other case, the detention officer or police officer must, as soon as practicable, apply to a Justice or, in the circumstances set out in subsection (1A), to an authorised officer, for an order for an external search of the detainee.
 (1A) The detention officer or police officer may apply to an authorised officer only if:
 (a) the detainee has waived his or her right to have the application for an order considered by a Justice; or
 (b) a Justice is not reasonably available to consider such an application.

Making an order for an external search
 (2) Subject to subsection (3), the person to whom an application is made may order that an external search of the detainee be carried out.
Note: A copy of the order is to be given to the detainee (or the person in whose presence the external search is to be carried out) under section 219ZAD.
 (3) The person must not make such an order unless he or she is satisfied that there are reasonable grounds for suspecting that the detainee is unlawfully carrying prohibited goods.

Order for release of detainee
 (4) Where the person does not make such an order, he or she must order that the detainee be released immediately.

Detainee in need of protection
 (5) If an external search of the detainee is ordered and the person making the order is satisfied that the detainee is in need of protection, the person must order that the search be carried out in the presence of:
 (a) the detainee's legal guardian; or
 (b) a specified person (not being an officer of Customs or a police officer) who is capable of representing the detainee's interests in relation to the search.
 (6) So far as is practicable, a person mentioned in an order under subsection (5) as the person in whose presence an external search is to be carried out must be acceptable to the detainee.

Communicating with others
 (7) Subject to subsection (8), the detainee