The Customs Act 1901 grants customs officers fairly extensive powers, and refusal to co-operate is generally taken as probable cause to detain for further investigation. Specifically, while you have the right to say no to invasive searches, X-rays etc by a Customs officer, if you do so, you will be detained and Customs will ask for a judge’s authorisation for a medical professional to search you:
Circumstances where a person does not consent to having an internal search conducted, the customs or police officer must obtain an order from a judge, which would allow a medical practitioner to undertake a search.
http://www.findlaw.com.au/articles/5983/are-customs-officers-allowed-to-conduct-random-sea.aspx
So you’re damned if you do, damned if you don’t.
And for what it’s worth, I’ve entered Australia many times as both an Aussie and a foreigner, but am not a lawyer and have managed to avoid the rubber glove treatment at the border so far.
Credit:stackoverflow.com‘
4 Mar, 2024
5 Mar, 2024