Document ID: chunk:federal_register_of_legislation:C2004A00615:clause:2_219raa
Version: federal_register_of_legislation:C2004A00615
Segment Type: clause
Provision Reference: sch 2 cl 219RAA
Character Range: 10334–11807

219RAA  Videotape record may be made of external search

 (1) In inviting a detainee to consent to an external search, an officer of Customs must have told the detainee:
 (a) that, at the discretion of the Customs, a videotape or other electronic record may be made of the external search; and
 (b) that, if such a record is made, the record could be used in evidence against the detainee in a court; and
 (c) that, if such a record is made, a copy of the record will be provided to the detainee; and
 (d) that the invitation, and any giving of consent, was being or would be itself recorded by audiotape, videotape or other electronic means or in writing.

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

 (3) The officer making the videotape or other electronic record must be of the same sex as the detainee.

 (4) If, in the absence of consent by the detainee to an external search, an application is made for an order under subsection 219R(2) for an external search, that order may authorise the making of a videotape or other electronic record of the external search.

 (5) If, in the course of carrying out an external search, an officer of Customs or a police officer finds evidence that the detainee is unlawfully carrying prohibited goods, that officer may, without the further consent of the detainee, take a photograph of the prohibited goods on the detainee.