Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:8:p2
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 8 (pt 2/10)
Character Range: 854668–857415

In the exercise of a power under this Division to restrain an individual, the officer:
 (a) must not use more force, or subject the individual to greater indignity, than is reasonably necessary to exercise the power; and
 (b) must not do anything likely to cause the individual grievous bodily harm unless the officer believes on reasonable grounds that doing the thing is necessary to protect life or prevent serious injury to the individual or another individual (including the officer).
 (2) In this regulation:
officer includes an individual assisting the officer.

5.35C  Exercise of power to search an individual
 (1) This regulation applies to a search under this Division of an individual, clothing of an individual or property under the immediate control of an individual.
 (2) The purpose for which an individual, clothing of the individual or any property under the immediate control of the individual may be searched is to find out whether the individual is carrying a weapon, or a weapon is hidden on the individual, in the clothing or in the property.
 (3) This regulation does not authorise an officer, or another individual conducting a search under subregulation (4), to remove any of the individual's clothing, or to require an individual to remove any of his or her clothing, except the individual's outer garments (including but not limited to the individual's overcoat, coat, jacket, gloves, shoes and head covering).
 (4) A search of an individual, and the individual's clothing, must be conducted by:
 (a) an officer of the same sex as the individual; or
 (b) if an officer of the same sex as the individual is not available to conduct the search—any other individual who is of the same sex and:
 (i) is requested by an officer; and
 (ii) agrees;
  to conduct the search.
 (5) An officer or other individual who conducts a search to which this regulation applies must not use more force, or subject the individual to greater indignity, than is reasonably necessary to conduct the search.

5.35D  Protection of persons when acts done in good faith
 (1) An action or proceeding, whether civil or criminal, does not lie, in respect of anything done in the exercise of a power under this Division to restrain an individual, against the Commonwealth, an officer or an individual assisting an officer if the officer or individual who does the thing acts in good faith and does not contravene regulation 5.35B.
 (2) An action or proceeding, whether civil or criminal, does not lie against an individual who, at the request of an officer under subregulation 5.35C(4), conducts a search under that subregulation if the individual acts in good faith and does not contravene subregulation 5.35C(5).

5.35E  Powers when boarding certain