Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_17:p1
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 17 (pt 1/2)
Character Range: 533233–535835

17  Power to conduct a strip search

 (1) A strip search of a detainee, other than a detainee to whom clause 23 applies, may be conducted by an approved officer, without warrant, to find out whether there is hidden on the detainee, in his or her clothing or in a thing in his or her possession a weapon, or other thing, capable of being used:
 (a) to inflict bodily injury; or
 (b) to help the detainee, or any other detainee, to escape from detention.

Note: Clause 18 sets out rules for conducting a strip search under this clause.

 (2) A strip search of a detainee means a search of the detainee, of his or her clothing or of a thing in his or her possession. It may include:
 (a) requiring the detainee to remove some or all of his or her clothing; and
 (b) an examination of that clothing and of the detainee's body (but not of the detainee's body cavities).

 (3) A strip search of a detainee may be conducted by an approved officer only if:
 (a) an authorised officer or detention officer suspects on reasonable grounds that there is hidden on the detainee, in his or her clothing or in a thing in his or her possession a weapon or other thing described in subclause (1); and
 (b) the authorised officer, or detention officer, referred to in paragraph (a) suspects on reasonable grounds that it is necessary to conduct a strip search of the detainee to recover that weapon or other thing; and
 (c) the strip search is authorised as follows:
 (i) if the detainee is at least 18—the Secretary, the Director, or an SES Band 3 employee in the Department (who is not the authorised officer referred to in paragraphs (a) and (b) nor the approved officer conducting the strip search), authorises the strip search because he or she is satisfied that there are reasonable grounds for those suspicions;
 (ii) if the detainee is at least 10 but under 18—a magistrate orders the strip search because he or she is satisfied that there are reasonable grounds for those suspicions.

 (4) An authorised officer or detention officer may form a suspicion on reasonable grounds for the purposes of paragraph (3)(a) on the basis of:
 (a) a search conducted under clause 15 (whether by that authorised officer or detention officer or by another authorised officer or detention officer); or
 (b) a screening procedure conducted under clause 16 (whether by that authorised officer or detention officer or by another authorised officer or detention officer); or
 (c) any other information that is available to the authorised officer or detention officer.

 (5) An authorisation of a strip search given for the purposes