Commonwealth Consolidated Acts

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Power to conduct an ordinary search or a strip search

             (1)  If a person has been detained under this Division, a police officer may:

                     (a)  conduct an ordinary search of the person; or

                     (b)  subject to this section, conduct a strip search of the person.

             (2)  An ordinary search of the person under this section must, if practicable, be conducted by a police officer of the same sex as the person being searched.

             (3)  A strip search may be conducted if:

                     (a)  a police officer suspects on reasonable grounds that the person has a seizable item on his or her person; and

                     (b)  the police officer suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that item; and

                     (c)  a prescribed authority has approved the conduct of the search.

             (4)  The prescribed authority's approval may be obtained by telephone, fax or other electronic means.

             (5)  A strip search may also be conducted if the person consents in writing.

             (6)  A medical practitioner may be present when a strip search is conducted, and he or she may assist in the search.

             (7)  If a prescribed authority gives or refuses to give an approval for the purposes of paragraph (3)(c), the prescribed authority must make a record of the decision and of the reasons for the decision.

             (8)  Such force as is necessary and reasonable in the circumstances may be used to conduct a strip search under subsection (1).

             (9)  Any item:

                     (a)  of a kind mentioned in paragraph (3)(a); or

                     (b)  that is relevant to collection of intelligence that is important in relation to a terrorism offence;

that is found during a search under this section may be seized.

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