Document ID: chunk:federal_register_of_legislation:C2025C00155:section:219r:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 219R (pt 2/3)
Character Range: 1427955–1430631

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 may at any time communicate with another person.
 (8) An officer of Customs or police officer may stop the detainee from communicating with another person if the officer believes on reasonable grounds that such communication should be stopped in order to:
 (a) safeguard the processes of law enforcement; or
 (b) protect the life and safety of any person.

Carrying out external search
 (9) Where:
 (a) an external search of the detainee is ordered; and
 (b) a detention officer or police officer still suspects on reasonable grounds that the detainee is unlawfully carrying prohibited goods;
the detention officer or police officer must ensure that an external search of the detainee is carried out as soon as practicable.
 (10) The search must be carried out:
 (a) by an officer of Customs or a police officer; and
 (b) in accordance with the order and this section.
 (11) An external search of the detainee is to be carried out by a person who is of the same sex as the detainee.

External search using prescribed equipment
 (11A) Prescribed equipment may be used in carrying out the external search if, and only if, consent to the use of the equipment in carrying out the search has been given by the detainee and the requirements of section 219ZAA are met.
Note 1: Section 219ZAB deals with regulations prescribing equipment.
Note 2: A detainee may be given, under section 219ZAD, a copy of the record of the invitation to consent and any consent of the detainee.
Note 3: Any photograph or image taken using the prescribed equipment must be destroyed in accordance with section 219ZAE.
 (11B) If use of the prescribed equipment involves samples from the detainee's body, the equipment may be used in the search only with samples from the outer surface of the detainee's hand.
Note: Any samples taken must be destroyed in accordance with section 219ZAE.
 (11C) To avoid doubt, the search may be continued without the use of the prescribed equipment if the use of the equipment produces an indication that the detainee is or may be carrying prohibited goods.

Questioning a detainee
 (12) While:
 (a) a person is detained under section 219L and, by force of section 219P, this section applies to the person; or
 (b) a person is detained under section 219Q;
a detention officer or police officer may question the person:
 (c) for the purpose of carrying out an external search of the person under this section; or
 (d) concerning