Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:1_34d:p1
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 1 cl 34D (pt 1/2)
Character Range: 64563–67224

34D  Screening of persons
 (1) This section applies in relation to a person who is seeking to enter a place (the questioning place) where the subject of a questioning warrant is appearing, or is due to appear, before a prescribed authority for questioning under the warrant.
Note: This section applies in relation to any person who is seeking to enter a questioning place, including the subject.

Persons may be screened or searched
 (2) A police officer may request the person to do any of the following:
 (a) undergo a screening procedure at a place;
 (b) produce a thing in the person's possession for inspection or examination, including anything worn or carried by the person that can be conveniently removed by the person;
 (c) undergo an ordinary search or a frisk search, if the officer suspects on reasonable grounds that it is prudent to conduct an ordinary search or a frisk search of the person in order to ascertain whether the person is carrying a dangerous item or a communication device.
 (3) An ordinary search or a frisk search under paragraph (2)(c) must, if practicable, be conducted by a police officer of the same sex as the person.
 (4) A police officer may, for the purposes of subsection (2), request the person to remove a thing in the person's possession, including anything worn or carried by the person that can be conveniently removed by the person.

Certain items may be retained
 (5) A police officer may request the person to give a dangerous item or a communication device to the officer for safekeeping while the questioning is being conducted.
 (6) A dangerous item given to a police officer under subsection (5) may be retained by the officer for such time as is reasonable.
 (7) A communication device given to a police officer under subsection (5) by the subject may be retained by the officer:
 (a) if returning the device would be prejudicial to security—only until returning the device would no longer be prejudicial to security; and
 (b) otherwise—for only such time as the prescribed authority before whom the subject is appearing for questioning under the warrant considers reasonable.
 (8) A communication device given to a police officer under subsection (5) by a person other than the subject must be returned to the person if:
 (a) the person requests the officer to return the device; and
 (b) at the time of the request, the person has left the questioning place.

Person may be requested to answer questions about certain things
 (9) If a thing is:
 (a) in the possession or control of a person while the person undergoes a screening procedure in accordance with paragraph (2)(a); or
 (b) produced by a person