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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34ZC

Rules for conduct of strip search

             (1)  A strip search under section 34ZB:

                     (a)  must be conducted in a private area; and

                     (b)  must be conducted by a police officer who is of the same sex as the person being searched; and

                     (c)  subject to subsections (3) and (4) , must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched; and

                     (d)  must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search; and

                     (e)  must not be conducted on a person who is under 16; and

                      (f)  if, in a prescribed authority's opinion, the person being searched is at least 16 but under 18, or is incapable of managing his or her affairs:

                              (i)  may only be conducted if a prescribed authority orders that it be conducted; and

                             (ii)  must be conducted in the presence of a parent or guardian of the person or, if that is not acceptable to the person, in the presence of someone else who can represent the person's interests and who, as far as is practicable in the circumstances, is acceptable to the person; and

                     (g)  must not involve a search of a person's body cavities; and

                     (h)  must not involve the removal of more garments than the police officer conducting the search believes on reasonable grounds to be necessary to determine whether the person has a seizable item on his or her person; and

                      (i)  must not involve more visual inspection than the police officer believes on reasonable grounds to be necessary to determine whether the person has a seizable item on his or her person.

             (2)  For the purposes of subparagraph (1)(f)(ii), none of the following can represent the person's interests:

                     (a)  a police officer;

                     (b)  the Director-General;

                     (c)  an ASIO employee or an ASIO affiliate;

                     (d)  a person approved under subsection 24(1).

             (3)  A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if a medical practitioner of the same sex as the person being searched is not available within a reasonable time.

             (4)  Paragraph (1)(c) does not apply to a parent, guardian or personal representative of the person being searched if the person being searched has no objection to the person being present.

             (5)  If any of a person's garments are seized as a result of a strip search, the person must be provided with adequate clothing.



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