Document ID: chunk:federal_register_of_legislation:C2007A00030:clause:1_95c
Version: federal_register_of_legislation:C2007A00030
Segment Type: clause
Provision Reference: sch 1 cl 95C
Character Range: 2890–4491

95C  Screening powers—frisk search general power

 (1) If a screening officer considers it necessary in order to screen a person properly, the screening officer may request the person to undergo a frisk search.

 (2) If a screening officer conducts a frisk search following a request under subsection (1), the screening officer may conduct the search only to the extent necessary to complete the proper screening of the person.

 (3) A screening officer must not:
 (a) require a person to undergo a frisk search under this section; or
 (b) conduct a frisk search of a person under this section without the person's consent; or
 (c) contravene subsection (2).

Penalty: 50 penalty units.

 (4) Subsection (3) does not apply if the officer has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

 (5) Subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (6) If:
 (a) a screening officer requests a person to undergo a frisk search under subsection (1); and
 (b) the person refuses to comply with the request; and
 (c) the person refuses to undergo a frisk search in a private room by a screening officer of the same sex as the person; and
 (d) the refusals mean that it is not possible to screen the person properly;
the screening officer must refuse to allow the person to pass through the screening point.

[Minister's second reading speech made in—
House of Representatives on 14 February 2007
Senate on 1 March 2007]
(22/07)