Customs Act 1901

For the purposes of subsection 219R(11A), the regulations may prescribe only equipment that can produce an indication that a person is or may be carrying prohibited goods on his or her body.

For the purposes of subsection 219SA(1), the regulations may prescribe only equipment that can produce an indication that a person is or may be internally concealing a suspicious substance.

Any equipment prescribed under subsection (2) must be configured so that the equipment’s use, when carrying out an internal non‑medical scan, is limited to that necessary to produce an indication that a person is or may be internally concealing a suspicious substance.

Before the Governor‑General makes a regulation prescribing equipment for the purposes of subsection 219R(11A) or 219SA(1), the Minister must obtain from the Comptroller‑General of Customs a statement that:

the equipment can safely be used to detect prohibited goods or suspicious substances (as the case requires); and

use of the equipment poses no risk, or minimal risk, to the health of a person whom the equipment is used to search; and

a person does not require professional qualifications to operate the equipment.

Before making a statement under subsection (3), the Comptroller‑General of Customs must consult any Commonwealth authorities (if any) that have expertise or responsibilities relevant to the matters addressed by the statement.

The Comptroller‑General of Customs must table, before each House of the Parliament, a copy of any advice received under subsection (4) within 7 sitting days of that House after the day on which the statement is given to the Minister.