Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p13
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 28621–31137

instrument (if any), or a copy of the instrument, referred to in subsection 19 (5).

21 Giving effect to warrants

 (1) A special constable must not, in searching premises, damage the premises or a thing in or on the premises to a greater extent than is reasonably necessary to give effect to the warrant.

 (2) In order to give effect to a warrant, a special constable may:
 (a) require an aircraft, vehicle or vessel to be taken to a place where a search of the aircraft, vehicle or vessel may be conveniently carried out; or
 (b) detain an aircraft or a vehicle or vessel for the period necessary to give effect to the warrant.

 (3) The special constable must produce:
 (a) the warrant or a copy of the warrant; and
 (b) if he or she is a leader — his or her identity card; and
 (c) if he or she is a police officer — written evidence of the fact that he or she is a police officer;
for inspection by the person apparently in charge of the aircraft, vehicle or vessel to which the warrant relates and, if the constable does not do so, he or she is not authorised to give effect to the warrant.

 (4) Subsection (3) does not apply if the actions of the person make it impracticable for the special constable to produce the documents.

 (5) A person must not fail to give effect to a requirement of a special constable under subsection (2), unless he or she has a reasonable excuse.

Penalty:   10 penalty units.

 (6) An offence under subsection (5) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse (see section 13.3 of the Criminal Code).

Part 5 Persons being searched and persons in custody

Division 1 Search of persons

22 Searching persons

 (1) In this section, a reference to the search of a person is a reference to a search conducted by quickly running the hands of the searcher over the clothing of the person who 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