Document ID: chunk:federal_register_of_legislation:C2004A00615:clause:2_219rab
Version: federal_register_of_legislation:C2004A00615
Segment Type: clause
Provision Reference: sch 2 cl 219RAB
Character Range: 11807–13267

219RAB  Use of prescribed equipment for external search

 (1) In inviting a detainee to consent to the use of prescribed equipment in an external search, an officer of Customs must have told the detainee:
 (a) what the prescribed equipment is; and
 (b) the purpose for which the prescribed equipment would be used; and
 (c) that use of the prescribed equipment could produce evidence against the detainee that could be used in a court; and
 (d) what known risk (if any) would be posed to the detainee's health by use of the prescribed equipment; and
 (e) the procedure for the use of the prescribed equipment; and
 (f) that the prescribed equipment would be used by an officer of Customs authorised to use the equipment; and
 (g) 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; and
 (h) that the invitation, and any giving of consent, was being or would be recorded by audiotape, videotape or other electronic means or in writing; and
 (i) that the detainee is entitled to a copy of that record.

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

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

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