Document ID: chunk:federal_register_of_legislation:C2023C00156:section:14j:p2
Version: federal_register_of_legislation:C2023C00156
Segment Type: section
Provision Reference: s 14J (pt 2/2)
Character Range: 63657–65704

the designated person must explain to the officer of Customs or the other person:
 (a) if the search requested is an ordinary search—the meaning of an ordinary search; and
 (b) if the search requested is a frisk search—the meaning of a frisk search; and
 (c) that the officer of Customs or the other person must not use more force, or subject a suspect to greater indignity, than is reasonable and necessary in order to conduct the search.
 (5) An action or proceeding, whether civil or criminal, does not lie against a person who conducts a search under paragraph (3)(b) or (c) if the person acts in good faith and does not contravene subsection (6).
 (6) A designated person or other person who conducts a search of a suspect under this section must not use more force, or subject a suspect to greater indignity, than is reasonable and necessary in order to conduct the search.
 (7) A suspect must not be detained under this section for longer than is reasonably necessary for a search to be conducted under this section.

Designated person may search a thing
 (8) If subparagraph (1)(a)(iv) applies, the designated person may, for the purpose of searching for the thing mentioned in that subparagraph, search a thing that the designated person suspects on reasonable grounds was brought by the suspect onto premises at which the Australian Federal Police is performing protective service functions.

Other conditions relating to conduct of search of suspect or thing
 (9) In searching a thing under subsection (2) or (8), the designated person 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) if the search is under subsection (2)—the suspect has been given a reasonable opportunity to open the thing or part of it; or
 (b) if the search is under subsection (8)—the person (if any) apparently in charge of the thing has been given a reasonable opportunity to open the thing or part of it; or
 (c) it is not possible to give that opportunity.