Victorian Current Acts Victorian Current Acts(1) A police officer may exercise a power under this section only if the police officer suspects on reasonable grounds that the search is necessary—
(a) to monitor the registrable offender's compliance with a condition to which the monitoring condition relates; or
(b) because the police officer suspects on reasonable grounds the registrable offender of behaviour or conduct associated with an increased risk of contravening a condition to which the monitoring condition relates.
(2) A police officer exercising a power of entry under a monitoring condition may search and examine—
(a) any part of the premises occupied by the registrable offender; and
(b) any thing (including a vehicle) belonging to, or in the possession or control of, the registrable offender; and
(c) the registrable offender.
(3) For the purposes of subsection (2)(c), a search of the registrable offender means either or both a garment search or a pat‑down search.
(4) To the extent practicable, a pat-down search must be conducted by a police officer of the same sex as the registrable offender being searched.
(5) A police officer may use such force as is reasonably necessary to conduct a search or examine any thing under this section, if that use of force is authorised by the most senior police officer present during the search.
(6) A police officer may detain the registrable offender for so long as is reasonably necessary to conduct a search or examine any thing under this section.
(7) A search under this section may continue only for as long as necessary to achieve the purpose of the search.
(8) In this section—
"garment search" means a search of any article of clothing worn by a person or in the person's possession, where the article of clothing is touched and removed from the person's body;
"pat-down search" means a search of a person where the person's clothed body is touched.
S. 66X inserted by No. 21/2016 s. 8.