Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 219X

  (1)   If:

  (a)   at any time while a person is being detained under this Subdivision, there are reasonable grounds to believe that the detainee has become in need of protection; and

  (b)   until that time, the detainee has not been treated under this Subdivision as being in need of protection;

the Comptroller - General of Customs or a police officer must, as soon as practicable, apply for an order under this section.

  (2)   The application is to be made:

  (a)   if the person is being detained under an order made by a Division   1B Judge or Division   1B Magistrate--to such a Judge or Magistrate, as the case may be; or

  (b)   if not--to a Division   1B Judge.

  (3)   The Judge or Magistrate must, if satisfied that the detainee is in need of protection, appoint a person (not being an officer of Customs or a police officer) to represent the detainee's interests in relation to this Division until the detainee is no longer in need of protection.

  (4)   So far as is practicable, a person so appointed must be a person acceptable to the detainee.