Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p20
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 46648–49326

person who is under 10; and

     (f) if the person being searched is at least 10 but under 18, or is incapable of managing his or her affairs;

        (i) may only be conducted if the person has been arrested and charged or if a court orders that it be conducted; and

        (ii) must be conducted in the presence of a parent or guardian of the person being searched or, if that is not acceptable to the person, in the presence of another person (other than a constable) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person; and

  (g) must not involve a search of a person's body cavities; and

    (h) must not involve the removal of more garments than the constable conducting the search believes on reasonable grounds to be necessary to determine whether the person has in his or her possession the item searched for or to establish the person's involvement in the offence; and

    (i) must not involve more visual inspection than the constable believes on reasonable grounds to be necessary to establish the person's involvement in the offence.

"(2)  In deciding whether to make an order referred to in paragraph (1)(f), the court must have regard to:

  (a) the seriousness of the offence; and

  (b) the age or any disability of the person; and

  (c) such other matters as the court thinks fit.

"(3)  A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if a medical practitioner of the same sex as the person being searched is not available within a reasonable time.

"(4) Paragraph (1)(c) does not apply to a parent, guardian or personal representative of the person being searched if the person being searched has no objection to the person being present.

"(5) If any of a person's garments are seized as a result of a strip search, the person must be provided with adequate clothing.

Taking fingerprints, recordings, samples of handwriting or photographs

  "3ZJ.(1) In this section and in sections 3ZK and 3ZL:

'identification material', in relation to a person, means prints of the person's hands, fingers, feet or toes, recordings of the person's voice, samples of the person's handwriting or photographs (including video recordings) of the person, but does not include tape recordings made for the purposes of section 23U or 23V.

  "(2) A constable must not:

     (a) take identification material from a person who is in lawful custody in respect of an offence except in accordance with this section; or

     (b) require any other person to submit to the taking of identification material, but