Document ID: chunk:federal_register_of_legislation:C2021C00313:section:135
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 135
Character Range: 166099–167926

135  Power to conduct an ordinary search or strip search
 (1) If a person who has been arrested under this Act or pursuant to a warrant issued under this Act is brought to a police station, a police officer may:
 (a) if an ordinary search of the person has not been conducted—conduct an ordinary search of the person; or
 (b) subject to this section, conduct a strip search of the person.
 (2) A strip search may be conducted if:
 (a) a police officer suspects on reasonable grounds that:
 (i) the person has in his or her possession evidential material relating to the crime to which the person's custody relates; or
 (ii) the person has in his or her possession a seizable item; or
 (iii) a visual inspection of the person's body will provide evidence of the person's involvement in that crime; and
 (b) the police officer suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that thing or to discover that evidence; and
 (c) a police officer of the rank of superintendent or higher has approved the conduct of the search.
 (3) Subject to section 136, a strip search may also be conducted if the person consents in writing.
 (4) Subject to section 136, a strip search may be conducted in the presence of a medical practitioner, who may assist in the search.
 (5) The approval may be obtained by telephone, telex, fax or other electronic means.
 (6) A police officer who gives or refuses to give an approval for the purposes of paragraph (2)(c) must make a record of the decision and of the reasons for the decision.
 (7) Such force as is necessary and reasonable in the circumstances may be used to conduct a strip search under subsection (2).
 (8) Any item of a kind referred to in subparagraph (2)(a)(i) or (ii) that is found during a strip search may be seized.