Document ID: chunk:federal_register_of_legislation:C2004A01213:clause:1_18b:p1
Version: federal_register_of_legislation:C2004A01213
Segment Type: clause
Provision Reference: sch 1 cl 18B (pt 1/3)
Character Range: 3764–6322

18B  Stopping and searching

 (1) This section applies if a protective service officer suspects on reasonable grounds that:
 (a) a person:
 (i) has a thing under the person's immediate control; or
 (ii) is occupying a thing; or
 (iii) has a thing in a vehicle operated or occupied by the person; or
 (iv) has brought a thing on to premises at which the Protective Service is performing functions under this Act; and
 (b) the thing is likely to cause, or is likely to be used by the person or another to cause:
 (i) substantial damage to a place or a thing in respect of which the Protective Service is performing functions under this Act; or
 (ii) death or serious harm to a person in respect of whom the Protective Service is performing functions under this Act;
  in circumstances that would be likely to involve the commission of an offence to which section 13 applies.

 (2) The protective service officer may:
 (a) stop and detain the person for the purpose of searching for the thing; and
 (b) do any or all of the following for the purpose of searching for the thing:
 (i) if the protective service officer is of the same sex as the person—conduct an ordinary search or a frisk search of the person;
 (ii) search any thing under the person's immediate control;
 (iii) search any vehicle operated or occupied by the person.

 (3) If the protective service officer is not of the same sex as the person, an ordinary search or a frisk search of the person for the purpose of searching for the thing may be conducted by:
 (a) if a protective service officer of the same sex is reasonably available to conduct the search—a protective service officer of the same sex as the person; or
 (b) if a protective service officer of the same sex is not reasonably available to conduct the search:
 (i) a police officer; or
 (ii) an officer of Customs (within the meaning of subsection 4(1) of the Customs Act 1901);
  who is of the same sex as the person and who is reasonably available to conduct the search; or
 (c) otherwise—any other person:
 (i) who is of the same sex as the person to be searched; and
 (ii) who is requested by the protective service officer to conduct the search; and
 (iii) who freely consents to conduct the search.

 (3A) If the protective service officer makes a request of an officer of Customs pursuant to paragraph (3)(b), or of another person pursuant to paragraph (3)(c), to conduct the search, the protective service officer must explain to the officer of Customs or other person:
 (a) if the officer of Customs or other person has