Document ID: chunk:federal_register_of_legislation:C2024C00861:section:178a
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 178A
Character Range: 470293–471694

178A  Search of detainees
 (1) Where the officer in charge of a detention centre believes that it is necessary to do so for the purpose of ascertaining whether there is concealed on a detainee of the detention centre, or in his or her clothing, any thing that the detainee is not authorized to have in his or her possession, the officer in charge of the detention centre may direct a member of the staff of the detention centre to search the detainee and the clothing that the detainee is wearing.
 (2) The search shall be conducted in accordance with the following provisions:
 (a) the search shall be conducted in the presence of at least 2 other members of the staff of the detention centre;
 (b) the search shall not be conducted in the presence of a person who is not the officer in charge, or a member of the staff, of the detention centre;
 (c) the detainee shall not be searched by, or in the presence of, a person who is not of the same sex as the detainee.
 (3) The member of the staff of the detention centre directed to conduct the search may:
 (a) require the detainee to remove any clothing that the detainee is wearing;
 (b) if the detainee refuses or fails to comply with such a requirement—remove the clothing;
 (c) use such reasonable force as is necessary to conduct the search; and
 (d) seize any thing of the kind referred to in subsection (1) found in the course of the search.