External body searches

Where there are reasonable grounds to suspect that a person is carrying prohibited goods on their body, police and customs officers may conduct an external body search [Customs Act 1901 (Cth) ss 219Q, 219R]. Police and customs officers may detain a person for the purpose of searching them.

Internal searches

Where police or a customs officer suspects on reasonable grounds that a person is internally concealing a suspicious substance they can detain the person to conduct an internal search [Customs Act 1901 (Cth) s 219S]. An internal search must be authorised by a judge if the person does not consent [s 219V] and must be 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.