Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:3_84b
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 3 cl 84B
Character Range: 116095–117432

84B  Searches under paragraph 84(1)(ic)

 (1) A search under paragraph 84(1)(ic) of a person (the detainee) may only be conducted by an officer of the same sex as the detainee.

 (2) However, if an officer of the same sex as the detainee is not available to conduct the search, it may be conducted by another person who:
 (a) is of the same sex as the detainee; and
 (b) agrees, at the request of an officer, to conduct the search.

 (3) Paragraph 84(1)(ic) and this section do not authorise the officer or other person:
 (a) to remove any of the detainee's clothing; or
 (b) to require the detainee to remove any of his or her clothing; or
 (c) to use more force, or subject a detainee to greater indignity, than is reasonably necessary to conduct the search.

 (4) If, in conducting a search, an officer finds a weapon or other thing mentioned in paragraph 84(1)(ic), an officer may:
 (a) take possession of the weapon or other thing; and
 (b) keep the weapon or other thing for such time as he or she thinks necessary for the purposes of this Act.

 (5) If, in conducting a search, the other person finds a weapon or other thing mentioned in subsection (4):
 (a) he or she must take possession of it and give it to an officer; and
 (b) an officer may keep it for such time as he or she thinks necessary for the purposes of this Act.