Customs Act 1901

This section applies to any of the following (the search record) produced in the course of an external search of a detainee under section 219R, or an internal non‑medical scan of a detainee:

a videotape or other electronic record of an external search of the detainee;

a photograph or image of the detainee’s body taken using equipment prescribed for the purposes of subsection 219R(11A) or 219SA(1);

a photograph taken in the circumstances described in subsection 219RAA(5);

a sample from the outer surface of the detainee’s hand taken using equipment prescribed for the purposes of subsection 219R(11A).

A search record must be destroyed as soon as practicable if:

a period of 12 months has elapsed since the search record was made or produced (subject to subsection (3)); and

proceedings against the detainee, relating to prohibited goods or suspicious substances, in respect of which the search record is relevant:

have not been instituted; or

have been discontinued.

A magistrate may extend the period of 12 months (or that period as previously extended under this subsection) referred to in paragraph (2)(a) in relation to a search record if:

an officer of Customs or the Director of Public Prosecutions applies for the extension; and

the magistrate is satisfied that there are special reasons for doing so.

A search record must (subject to subsection (5)) be destroyed as soon as practicable if:

the detainee is found to have committed a relevant offence (see subsection (7)) but no conviction is recorded; or

the detainee is acquitted of a relevant offence and:

no appeal is lodged against the acquittal; or

an appeal is lodged against the acquittal and the acquittal is confirmed or the appeal is withdrawn.

Despite subsection (4), a search record may be retained if:

an investigation is pending into another relevant offence (see subsection (7)); or

a proceeding is pending against the detainee for another relevant offence.

The regulations must provide for the secure storage of any search record pending its ultimate destruction.

For the purposes of this section, an offence is a relevant offence, in relation to a search record, if:

the offence relates to prohibited goods or a suspicious substance; and

the search record relates to the offence.