Document ID: chunk:federal_register_of_legislation:F2008C00189:body:0:p14
Version: federal_register_of_legislation:F2008C00189
Segment Type: other
Provision Reference: 
Character Range: 30952–33542

is being searched after the removal of his or her headwear, handwear, footwear or other outer clothing.

 (2) This section does not authorise:
 (a) the removal of the clothing, other than headwear, handwear, footwear or other outer clothing of one person by another person; or
 (b) requiring a person to remove his or her clothing that is not headwear, handwear, footwear or other outer clothing.

 (3) Before a person searches another person, the searcher must:
 (a) advise that other person of his or her right to request that the search be conducted in a place that would reasonably provide privacy to the person during the search; and
 (b) if the person so requests, take him or her to a place of that kind for the purposes of the search.

 (4) A person who searches another person, or who assists in the search of another person, must not subject that person to greater indignity than is reasonably necessary.

 (5) A special constable may search, with such assistance as is necessary and reasonable:
 (a) a person; and
 (b) the headwear, handwear, footwear and other outer clothing of a person; and
 (c) other personal property apparently in the immediate control of a person;
if the constable reasonably suspects that it is necessary to do so to find out whether there is in the possession of the person:
 (d) a thing that is capable of causing death, injury or damage or assisting the person to escape from arrest or detention; or
 (e) a thing that is connected with an offence.

 (6) A special constable must not seize and remove a thing found in the course of a search unless the constable reasonably believes that it is a thing to which paragraph (5) (d) or (e) applies.

 (7) If a person is searched under this section, the search must, if practicable, be carried out by a person of the same sex.

Division 2 Persons in custody

23 Warning to be given to persons in custody

 (1) As soon as practicable after the arrest of a person, a special constable must warn the person in accordance with the form in Schedule 3.

 (2) An investigating officer must warn a person in custody in accordance with the form in Schedule 3 before questioning the person for the purpose of investigating his or her involvement (if any) in an offence.

 (3) If a person in custody is unable to understand a warning because of:
 (a) inadequate knowledge of the English language; or
 (b) mental dysfunction; or
 (c) physical disability or disease;
the investigating officer must take all reasonable steps to ensure that the person is provided with an explanation of the warning that he or she is able