External body searches

Where there are reasonable grounds for suspecting that a person is carrying prohibited goods on their body, police and customs officers have powers to conduct external body searches [Customs Act 1901 (Cth) s 219Q]. Police and customs officers have the power to detain a person under these circumstances for the purpose of conducting such a search.

Internal searches

Where a person is suspected on reasonable grounds by a customs or police officer of internally concealing a suspicious substance they can detain the person for the purposes of conducting an internal search [Customs Act 1901 (Cth) s 219S]. An internal search must be authorised by a judge if the person has not consented [s 219V] and carried out by a medical practitioner [s 219Z].

An internal non-medical scan can be carried out if the person agrees [s 219SA].

Search must be made within 48 hours of order of detention

Where an application is made for detention for the purposes of conducting an internal search a judge or magistrate may order detention for a period of 48 hours from the time the detention began or the time the detention order was made [Customs Act 1901 (Cth) s 219T, Uniform Special Statutory Rules 2022 (SA) Chapter 5 Part 3]. Where the judge or magistrate does not make such an order the person being detained must be released immediately.