Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p19
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 44298–46863

or

  (b) seizable items.

Power to conduct an ordinary search or a strip search

"3ZH.(1) If a person who has been arrested for an offence is brought to a police station, a constable may:

    (a) if an ordinary search of the person has not been conducted—conduct an ordinary search of the person; or

  (b) subject to this section, conduct a strip search of the person.

  "(2) A strip search may be conducted if:

    (a) a constable suspects on reasonable grounds that the person has in his or her possession:

      (i) evidential material in relation to that or another offence; or

      (ii) a seizable item; or

    (b) the constable suspects on reasonable grounds that a visual inspection of the person's body will provide evidence of the person's involvement in an offence;

and:

    (c) the constable suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that thing or to discover that evidence; and

    (d) a constable of the rank of superintendent or higher has approved the conduct of the search.

"(3) Subject to section 3ZI, a strip search may also be conducted if the person consents in writing.

"(4) Subject to section 3ZI, a strip search may be conducted in the presence of a medical practitioner who may assist in the search.

"(5) The approval may be obtained by telephone, telex, facsimile or other electronic means.

"(6) A constable who gives or refuses to give an approval for the purposes of paragraph (2)(d) must make a record of the decision and of the reasons for the decision.

"(7) Such force as is necessary and reasonable in the circumstances may be used to conduct a strip search under subsection (2).

"(8) Any item of a kind referred to in paragraph (2)(a) that is found during a strip search may be seized.

Rules for conduct of strip search

  "3ZI.(1) A strip search:

  (a) must be conducted in a private area; and

    (b) must be conducted by a constable who is of the same sex as the person being searched; and

    (c) subject to subsections (3) and (4), must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched; and

    (d) must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search; and

  (e) must not be conducted on a person who is under 10; and

     (f) if the person being searched is at least 10 but under 18, or is incapable of managing his or her affairs;

        (i) may only be conducted if the person has been arrested and