Commonwealth Consolidated Acts

PUBLIC ORDER (PROTECTION OF PERSONS AND PROPERTY) ACT 1971 - SECT 13D

  (1)   Subject to any limitations and restrictions provided by the regulations, if an authorised officer for an investigatory authority believes on reasonable grounds that it is necessary in the interests of security to do so, the officer may:

  (a)   require a person who is on the authority premises to submit to either or both of the following:

  (i)   a screening search and/or a frisk search of the person;

  (ii)   a search of any of the person's personal effects that are reasonably capable of concealing a firearm, explosive substance or offensive weapon;

    for the purposes of finding out whether a firearm, explosive substance or offensive weapon is hidden in the person's clothing or personal effects; and

  (b)   require a person who is on the authority premises to deposit with the authorised officer any personal effects that are reasonably capable of:

  (i)   concealing a firearm, explosive substance or offensive weapon; or

  (ii)   being used to cause injury to, or incapacitate, a person.

  (2)   A person of whom a requirement is made under subsection   ( 1) must not refuse or fail to comply with the requirement.

Penalty:   20 penalty units.

  (2A)   Subsection   ( 2) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   ( 2A) (see subsection   13.3(3) of the Criminal Code ).

  (3)   If, in the course of a search under paragraph   ( 1)(a), a firearm, explosive substance or offensive weapon is found, an authorised officer for the investigatory authority :

  (a)   may take possession of the firearm, substance or weapon; and

  (b)   may retain it for any period that he or she thinks necessary for the purposes of this Part.

  (4)   This section does not authorise anyone conducting a frisk search of a person to remove, or to require the person to remove, any of the person's clothing.

  (5)   A frisk search of a person under this section is to be conducted by:

  (a)   an authorised officer of the same sex as the person; or

  (b)   if an authorised officer of the same sex as the person is not available to conduct the search--any other person who is of the same sex and:

  (i)   is requested by an authorised officer; and

  (ii)   agrees;

    to conduct the search.

  (6)   An action or proceeding, whether civil or criminal, does not lie against a person who, at the request of an authorised officer, conducts a search under this section if the person acts in good faith and does not contravene subsection   ( 7).

  (7)   An authorised officer or other person who conducts a search under this section must not use more force, or subject a person to greater indignity, than is reasonably necessary in order to conduct the search.