Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:1_34cc
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 1 cl 34CC
Character Range: 60309–62406

34CC  Power to conduct search of apprehended subject of questioning warrant
 (1) This section applies if:
 (a) a questioning warrant is in force; and
 (b) the subject of the warrant is apprehended under this Division in connection with the warrant.

Power to conduct search
 (2) A police officer may conduct an ordinary search or a frisk search of the subject at any time during the period:
 (a) beginning when the subject is apprehended; and
 (b) ending when the subject appears before a prescribed authority for questioning under the warrant.
 (3) An ordinary search or a frisk search of the subject must, if practicable, be conducted by a police officer of the same sex as the subject.

Records or other things found during search
 (4) If:
 (a) a record or other thing is found during a search of the subject of a questioning warrant under this section; and
 (b) the record or other thing is:
 (i) a seizable item; or
 (ii) a communication device;
the record or other thing may be seized under this subsection by the police officer conducting the search.
 (5) If:
 (a) a record or other thing is found during a search of the subject of a questioning warrant under this section; and
 (b) the police officer conducting the search reasonably believes that the record or other thing is relevant to the collection of intelligence that is important in relation to:
 (i) if the warrant is an adult questioning warrant—an adult questioning matter; or
 (ii) if the warrant is a minor questioning warrant—a minor questioning matter; and
 (c) the warrant authorises the seizure of such a record or other thing;
the record or other thing may be seized under this subsection by the officer.
 (6) Despite subsection (4), a seizable item or a communication device is taken to have been seized under subsection (5) if:
 (a) the item or device is found during a search of the subject of a questioning warrant under this section; and
 (b) the item or device is seized by the police officer conducting the search; and
 (c) the requirements of paragraphs (5)(b) and (c) are met in relation to the item or device.