Document ID: chunk:federal_register_of_legislation:C2025C00155:section:219sb
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 219SB
Character Range: 1435762–1437162

219SB  Seeking detention order following invitation to consent to internal non‑medical scan
  If a person has been detained under section 219S, the Comptroller‑General of Customs or a police officer must, as soon as practicable, apply for an order under section 219T that the detainee be detained if:
 (a) the detainee has been invited to consent to an internal non‑medical scan using equipment prescribed for the purposes of subsection 219SA(1); and
 (b) any of the following apply:
 (i) the detainee does not consent to the internal non‑medical scan;
 (ii) the internal non‑medical scan of the detainee is begun but not completed, and a detention officer or police officer suspects on reasonable grounds that the detainee is internally concealing a suspicious substance;
 (iii) after carrying out the internal non‑medical scan of the detainee, a detention officer or police officer suspects on reasonable grounds that the detainee is internally concealing a suspicious substance; and
 (c) subsection 219V(2) does not apply (consent to internal medical search).
Note 1: An officer of Customs or a police officer must arrange for an internal medical search of the detainee by a medical practitioner if subsection 219V(2) applies.
Note 2: The detainee must be released under section 219ZE if no detention officer suspects on reasonable grounds that the detainee is concealing a suspicious substance.