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Monday, 4 July 2011
Page: 7304

Mr BRENDAN O'CONNOR (Gorton—Minister for Privacy and Freedom of Information, Minister for Home Affairs and Minister for Justice) (13:14): I move—

That the amendment be agreed to.

This bill will amend the Customs Act to enable Customs and Border Protection officers to undertake with consent an internal search of a person suspected on reasonable grounds to be internally concealing a suspicious substance, using body scan technology. Currently an internal search of a person can be carried out only by a medical practitioner at a place specified in regul­ations—for example, a hospital or surgery. The bill will allow, with the consent of the detainee, an initial non-medical internal X-ray scan of a person to be carried out by Customs and Border Protection officers using new body scan technology that produces a computer image of a person's internal cavities within a skeletal structure. In considering the bill, the Senate Standing Committee for the Scrutiny of Bills was of the view that the principle of appropriately limiting equipment capacity should be included in the primary legislation.

This government amendment creates a requirement in the primary legislation that equipment used for the internal non-medical scan must be configured so that its use is limited to that necessary to produce an indication that a person may be internally concealing a suspicious substance. Where the body scan image supports a suspicion of internal concealment, the existing regime governing an internal search by a medical practitioner will then apply.

I commend the amendment to the House.

Question agreed to.