Document ID: chunk:federal_register_of_legislation:C2025C00155:section:219v:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 219V (pt 1/2)
Character Range: 1440268–1442936

219V  Arrangement for internal medical search

Application of section
 (1) This section applies only so long as a detention officer or police officer suspects on reasonable grounds that the detainee is internally concealing a suspicious substance.

Consent to internal medical search
 (2) If:
 (a) there are no reasonable grounds to believe that the detainee is in need of protection; and
 (b) the detainee signs a written consent to an internal medical search;
an officer of Customs or police officer must, as soon as practicable, arrange for an internal medical search of the detainee.
Note: A detainee may be given, under section 219ZAD, a copy of the consent of the detainee.

Application for order for internal medical search
 (3) If:
 (a) there are no reasonable grounds to believe that the detainee is in need of protection; and
 (b) the detainee has been detained under section 219U; and
 (c) the detainee has not signed a written consent to an internal medical search;
the Comptroller‑General of Customs or a police officer must, before the end of the period of detention under that section, apply to a Division 1B Judge for an order for an internal medical search of the detainee.
 (4) If there are reasonable grounds to believe that the detainee is in need of protection, the Comptroller‑General of Customs or a police officer must:
 (a) if a person has been appointed under subsection 219T(5) or 219X(3) to represent the detainee's interests in relation to this Division and that person consents to an internal medical search of the detainee—as soon as practicable after the consent is given; or
 (b) if paragraph (a) does not apply, and the detainee has been detained under section 219U—before the end of the period of that detention;
apply to a Division 1B Judge for an order for an internal medical search of the detainee.

Extension of detention period
 (5) After the end of a period of detention under section 219S, 219T or 219U, the detainee may be further detained by force of this subsection:
 (a) if subsection (2) applies—until the internal medical search is completed; or
 (b) if subsection (3) or (4) applies—until an order under this section is granted.

Order for internal medical search
 (6) Subject to subsections (9) and (10), the Judge may order that:
 (a) an internal medical search of the detainee be carried out, the search to start:
 (i) if consent to the search has been given under paragraph (4)(a)—as soon as practicable after the order is made and no later than a time specified in the order; or
 (ii) in any other case—no sooner than the end of the period of detention under section 219U, but as soon as practicable after the end