Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 3UD

Stopping and searching

  (1)   A police officer may:

  (a)   stop and detain the person for the purpose of conducting a search under paragraph   (b); and

  (b)   conduct one of the following searches for a terrorism related item:

  (i)   an ordinary search or a frisk search of the person;

  (ii)   a search of any thing that is, or that the officer suspects on reasonable grounds to be, under the person's immediate control;

  (iii)   a search of any vehicle that is operated or occupied by the person;

  (iv)   a search of any thing that the person has, or that the officer suspects on reasonable grounds that the person has, brought into the Commonwealth place.

Informing a person of a right to make a complaint

  (1A)   A police officer who stops and detains a person under this section must inform the person of any right the person has to make a complaint to:

  (a)   the Commonwealth Ombudsman; or

  (b)   a State or Territory police oversight body;

about the conduct of the police officer in exercising the powers conferred by this section.

  (1B)   Subsection   (1A) does not require a police officer to inform a person of a right if it is not reasonably practicable to do so because of circumstances of urgency.

Conditions relating to conduct of search of person

  (2)   A police officer who conducts a search of a person under this section must not use more force, or subject the person to greater indignity, than is reasonable and necessary in order to conduct the search.

  (3)   A person must not be detained under this section for longer than is reasonably necessary for a search to be conducted under this section.

Other conditions relating to conduct of search of person or thing

  (4)   In searching a thing (including a vehicle) under subsection   (1), a police officer may use such force as is reasonable and necessary in the circumstances, but must not damage the thing by forcing it, or a part of it, open unless:

  (a)   the person has been given a reasonable opportunity to open the thing or part of it; or

  (b)   it is not possible to give that opportunity.



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