Document ID: chunk:federal_register_of_legislation:C2004A00615:clause:2_219raf
Version: federal_register_of_legislation:C2004A00615
Segment Type: clause
Provision Reference: sch 2 cl 219RAF
Character Range: 15736–18384

219RAF  Records of results of external search

 (1) This section applies to any of the following produced in the course of an external search of a detainee under section 219R:
 (a) a videotape or other electronic record of the external search;
 (b) a photograph taken in the circumstances described in subsection 219RAA(5);
 (c) any other photograph or image of the detainee's body taken using prescribed equipment the subject of a consent under section 219R;
 (d) a sample from the outer surface of the detainee's hand taken using such prescribed equipment.

 (2) The videotape or other electronic record of the external search, and any photograph, image or sample referred to in paragraph (1)(b), (c) or (d), must be destroyed as soon as practicable if:
 (a) a period of 12 months has elapsed since the record was made, or the photograph, image or sample was produced; and
 (b) relevant proceedings have not been instituted or have been discontinued.

 (3) For the purposes of subsection (2), relevant proceedings are proceedings:
 (a) against the detainee; and
 (b) relating to prohibited goods; and
 (c) in respect of which the record, photograph, image or sample is relevant.

 (4) On application by an officer of Customs or the Director of Public Prosecutions, a magistrate may extend the period of 12 months (or that period as previously extended under this subsection) in relation to the videotape or other electronic record of the external search or to a particular photograph, image or sample, if the magistrate is satisfied that there are special reasons for doing so.

 (5) The videotape or other electronic record, and any photograph, image or sample must be destroyed as soon as practicable if:
 (a) the detainee is found to have committed a relevant offence but no conviction is recorded; or
 (b) the detainee is acquitted of a relevant offence and:
 (i) no appeal is lodged against the acquittal; or
 (ii) an appeal is lodged against the acquittal and the acquittal is confirmed or the appeal is withdrawn;
unless there is pending an investigation into another relevant offence or a proceeding against the detainee for another relevant offence.

 (6) For the purpose of subsection (5), an offence is a relevant offence if:
 (a) it relates to prohibited goods; and
 (b) the videotape or other electronic record, or the photograph, image or sample, relates to the offence.

 (7) The regulations must make provision in relation to the secure storage of any videotape or other electronic record of an external search, and of any photograph, image or sample referred to in paragraph (1)(b), (c) or (d) pending its ultimate destruction.