Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3zh
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3ZH
Character Range: 189959–192418

3ZH  Power to conduct an ordinary search or a strip search
 (1) If a person who has been arrested for an offence is brought to a police station, a constable may:
 (a) if an ordinary search of the person has not been conducted—conduct an ordinary search of the person; or
 (b) subject to this section, conduct a strip search of the person.
 (2) A strip search may be conducted if:
 (a) a constable suspects on reasonable grounds that the person has in his or her possession:
 (i) a seizable item; or
 (ii) evidential material (other than forensic material as defined in Part ID) in relation to that or another offence; and
 (b) the constable suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that item or evidential material; and
 (c) a constable of the rank of superintendent or higher has approved the conduct of the search.
 (2A) If:
 (a) in the course of carrying out a strip search, the constable comes to believe on reasonable grounds that the carrying out of a forensic procedure would be likely to produce evidence relating to the offence for which the person has been arrested or any other offence; and
 (b) Part ID provides for the carrying out of such a forensic procedure;
the forensic procedure must not be carried out except in accordance with Part ID.
 (2B) The conducting of a strip search may include taking photographs of evidential material found on the person, whether or not taking photographs is a forensic procedure provided for by Part ID.
 (3) Subject to section 3ZI, a strip search may also be conducted if the person consents in writing.
 (3A) Subsection (3) does not authorise the conduct of a strip search for the purpose of obtaining forensic material as defined in Part ID. Such a search must not be conducted except in accordance with Part ID.
 (4) Subject to section 3ZI, a strip search may be conducted in the presence of a medical practitioner who may assist in the search.
 (5) The approval may be obtained by telephone, telex, fax or other electronic means.
 (6) A constable who gives or refuses to give an approval for the purposes of paragraph (2)(c) 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 (2).
 (8) Any item of a kind referred to in paragraph (2)(a) that is found during a strip search may be seized.