Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3ud
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3UD
Character Range: 136934–138973

3UD  Stopping and searching
 (1) A police officer may:
 (a) stop and detain the person for the purpose of conducting a search under paragraph (b); and
 (b) conduct one of the following searches for a terrorism related item:
 (i) an ordinary search or a frisk search of the person;
 (ii) a search of any thing that is, or that the officer suspects on reasonable grounds to be, under the person's immediate control;
 (iii) a search of any vehicle that is operated or occupied by the person;
 (iv) a search of any thing that the person has, or that the officer suspects on reasonable grounds that the person has, brought into the Commonwealth place.

Informing a person of a right to make a complaint
 (1A) A police officer who stops and detains a person under this section must inform the person of any right the person has to make a complaint to:
 (a) the Commonwealth Ombudsman; or
 (b) a State or Territory police oversight body;
about the conduct of the police officer in exercising the powers conferred by this section.
 (1B) Subsection (1A) does not require a police officer to inform a person of a right if it is not reasonably practicable to do so because of circumstances of urgency.

Conditions relating to conduct of search of person
 (2) A police officer who conducts a search of a person under this section must not use more force, or subject the person to greater indignity, than is reasonable and necessary in order to conduct the search.
 (3) A person must not be detained under this section for longer than is reasonably necessary for a search to be conducted under this section.

Other conditions relating to conduct of search of person or thing
 (4) In searching a thing (including a vehicle) under subsection (1), a police officer may use such force as is reasonable and necessary in the circumstances, but must not damage the thing by forcing it, or a part of it, open unless:
 (a) the person has been given a reasonable opportunity to open the thing or part of it; or
 (b) it is not possible to give that opportunity.