Document ID: chunk:federal_register_of_legislation:C2004A01213:clause:1_18b:p2
Version: federal_register_of_legislation:C2004A01213
Segment Type: clause
Provision Reference: sch 1 cl 18B (pt 2/3)
Character Range: 6081–8706

pursuant to paragraph (3)(b), or of another person pursuant to paragraph (3)(c), to conduct the search, the protective service officer must explain to the officer of Customs or other person:
 (a) if the officer of Customs or other person has been requested to conduct an ordinary search, the meaning of an ordinary search pursuant to subsection (8);
 (b) if the officer of Customs or other person has been requested to conduct a frisk search, the meaning of a frisk search pursuant to subsection (8);
 (c) that, when conducting the search, the officer of Customs or other person must not use more force, or subject a person to greater indignity, than is reasonable and necessary in order to conduct the search.

 (4) An action or proceeding, whether civil or criminal, does not lie against a person who conducts a search under paragraph (3)(b) or (c) if the person acts in good faith and does not contravene subsection (5).

 (5) A protective service officer or other person who conducts a search of a person under this section must not use more force, or subject a person to greater indignity, than is reasonable and necessary in order to conduct the search.

 (5A) A person must not be detained under this section for longer than is reasonably necessary for a search to be conducted in accordance with this section.

 (6) If subparagraph (1)(a)(iv) applies, the protective service officer may, for the purpose of searching for the thing mentioned in that subparagraph, search a thing that the officer suspects on reasonable grounds was brought by the person on to premises at which the Protective Service is performing functions under this Act.

 (7) In searching a thing under subsection (2) or (6), the protective service officer may use such force as is necessary and reasonable in the circumstances, but must not damage the thing by forcing it, or a part of it, open unless:
 (a) if the search is under subsection (2)—the person mentioned in that subsection has been given a reasonable opportunity to open the thing or part of it; or
 (b) if the search is under subsection (6)—the person (if any) apparently in charge of the thing has been given a reasonable opportunity to open the thing or part of it; or
 (c) it is not possible to give that opportunity.

 (8) In this section:

frisk search means:
 (a) a search of a person conducted by quickly running the hands over the person's outer garments; and
 (b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.

ordinary search means a search of a person or of articles in the possession of a person that