AustLII Tasmanian Consolidated Acts

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POISONS ACT 1971 - SECT 90C

Personal searches

(1)  Where, pursuant to section 90A or 90B , an inspector or a police officer detains a person for the purpose of search, the following provisions apply:
(a) if a strip search is to be carried out on a female, that search shall be carried out by a female police officer;
(b) if a strip search is to be carried out on a male, that search shall be carried out by a male police officer;
(c) if the inspector or police officer suspects on reasonable grounds that a raw narcotic, narcotic substance, prohibited substance, section 36 substance, or prohibited plant may be present in the cavities of that person's body and wishes to determine the presence or absence of the narcotic, substance, or plant in those cavities, he shall cause that person to be brought before a magistrate;
(d) on a person being brought before a magistrate in accordance with paragraph (c) , the magistrate shall either –
(i) make an order in writing that the cavities of that person's body which are specified in that order shall be searched by a specified medical practitioner; or
(ii) refuse to make such an order;
(e) if the search involves the application of force to the person – the inspector or police officer shall, within 7 days after effecting the search, deliver to the Secretary or, as the case may be, to the Commissioner of Police a report in writing giving full particulars of the search, including particulars of the circumstances which gave rise to the application of force.
(2)  For the purposes of subsection (1) –
(a) cavities of a person's body means the vagina and rectum of that person;
(b) strip search means a search, other than a cavity search ordered by a magistrate under subsection (1) (d) (i) , in which the person to be searched is required to remove most or all of his clothing.
(3)  An order under subsection (1) (d) (i) is sufficient authority for the medical practitioner specified in the order, and any person working in the medical or nursing profession acting in good faith in aid of, and under the direction of, that medical practitioner, to carry out a search of the cavities of the body of the person concerned which are specified in that order.
(4)  If a person in respect of whom an order has been made under subsection (1) (d) (i) requests that the search authorised by that order be not carried out unless another medical practitioner, of the same sex as that person, is present, the search shall not be carried out unless another medical practitioner of the same sex as that person is present unless the circumstances are such that it is not reasonably practicable to arrange for the presence of another medical practitioner of the same sex as that person at the search.
(5)  Notwithstanding subsection (3) , a search authorised by an order under subsection (1) (d) (i) shall not be carried out until the person in respect of whom the search is to be carried out has been informed of the request that he may make pursuant to subsection (4) .
(6)  If a person in respect of whom an order has been made under subsection (1) (d) (i) refuses or fails to submit himself to the search authorised by that order, or wilfully obstructs the carrying out of the search, the medical practitioner authorised to carry out the search, and any person working in the medical or nursing profession acting in good faith in aid of, and under the direction of, that medical practitioner, may use such force as is reasonably necessary for the purpose of enabling the search to be carried out.
(7)  In this section, section 36 substance means a substance to which section 36 applies.



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