Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p60
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 60/268)
Character Range: 520310–522913

at the dwelling house or elsewhere, at another time; or
 (b) it is necessary to do so in order to prevent the concealment, loss or destruction of evidence of, or relating to, a terrorist act.
 (3) In subsection (2):
dwelling house includes a conveyance, and a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night.

105.23  Power to conduct a frisk search
  A police officer who takes a person into custody under a preventative detention order, or who is present when the person is taken into custody, may, if the police officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying any seizable items:
 (a) conduct a frisk search of the person at, or soon after, the time when the person is taken into custody; and
 (b) seize any seizable items found as a result of the search.

105.24  Power to conduct an ordinary search
  A police officer who takes a person into custody under a preventative detention order, or who is present when the person is taken into custody, may, if the police officer suspects on reasonable grounds that the person is carrying:
 (a) evidence of, or relating to, a terrorist act; or
 (b) a seizable item;
conduct an ordinary search of the person at, or soon after, the time when the person is taken into custody, and seize any such thing found as a result of the search.

105.25  Warrant under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979
 (1) This section applies if:
 (a) a person is being detained under a preventative detention order; and
 (b) a warrant under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 is in force in relation to the person; and
 (c) a copy of the warrant is given to the police officer who is detaining the person under the preventative detention order.
 (2) The police officer must take such steps as are necessary to ensure that the person may be dealt with in accordance with the warrant.
 (3) Without limiting subsection (2), the police officer may, under section 105.26, release the person from detention under the preventative detention order so that the person may be dealt with in accordance with the warrant.
Note: If the police officer is not an AFP member, the police officer will need to obtain the approval of a senior AFP member before releasing the person from detention (see subsection 105.26(2)).
 (4) To avoid doubt, the fact that the person is released from detention under the preventative detention order so that the person may be questioned before a