What rights do travellers have when being searched for drugs by Australian customs?
A friend of mine recently went through customs at Melbourne airport. They were on an incoming flight from Manila, Philippines. At Australian customs they were cavity searched and x-rayed. Their personal belongings (shoes, backpack, suitcase) were taken and cut open. Officers were looking for drugs. They found none.
Now, this is obviously a horrendous experience nobody should have to live, especially if they are innocent and not attempting to smuggle drugs. The questions are: what rights do travellers have when being cavity/strip searched for drugs in Australia? Can one refuse to be searched? What happens if one does? Can one claim any sort of compensation for such a distressful experience? Can one claim compensation for the damaged personal belongings?
Ideally I'd like answers to cover both the case of an Australian citizen, as well as someone traveling on a foreign passport.
Best Answer
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.
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Is Australian Customs strict?
Australia has strict customs and biosecurity laws with tough penalties for travellers who fail to truthfully declare high risk biosecurity goods when they arrive in Australia.What are you not allowed to take into Australia?
Do not bring or send:- bark or straw based goods.
- fresh or dried conifer.
- fresh fruit and vegetables.
- fresh or dried holly.
- fresh or dried mistletoe.
- hampers (containing certain food, meat or plant material)
- pine cones.
- potpourri.
What items need to be declared at Australian Customs?
When entering Australia from overseas, you must declare if you are carrying any of the items in this list: Prohibited or restricted goods including medicines, steroids, illegal pornography, firearms weapons or illicit drugs.Can you bring Viagra into Australia?
Don't bring medicines or medical devices into Australia for anyone other than yourself or an immediate family member. For prescription medicines, we recommend you carry a prescription or letter from your doctor with you.Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
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