Document ID: chunk:federal_register_of_legislation:C2004A01162:clause:1_34l
Version: federal_register_of_legislation:C2004A01162
Segment Type: clause
Provision Reference: sch 1 cl 34L
Character Range: 43247–44909

34L  Power to conduct an ordinary search or a strip search

 (1) If a person has been detained under this Division, a police officer may:
 (a) conduct an ordinary search of the person; or
 (b) subject to this section, conduct a strip search of the person.

 (1A) An ordinary search of the person under this section must, if practicable, be conducted by a police officer of the same sex as the person being searched.

 (2) A strip search may be conducted if:
 (a) a police officer suspects on reasonable grounds that the person has a seizable item on his or her person; and
 (b) the police officer suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that item; and
 (c) a prescribed authority has approved the conduct of the search.

 (3) The prescribed authority's approval may be obtained by telephone, fax or other electronic means.

 (4) A strip search may also be conducted if the person consents in writing.

 (5) A medical practitioner may be present when a strip search is conducted, and he or she may assist in the search.

 (6) If a prescribed authority gives or refuses to give an approval for the purposes of paragraph (2)(c), the prescribed authority 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 (1).

 (8) Any item:
 (a) of a kind mentioned in paragraph (2)(a); or
 (b) that is relevant to collection of intelligence that is important in relation to a terrorism offence;
that is found during a search under this section may be seized.