Document ID: chunk:federal_register_of_legislation:C2004A01346:clause:1_219zjd
Version: federal_register_of_legislation:C2004A01346
Segment Type: clause
Provision Reference: sch 1 cl 219ZJD
Character Range: 19811–21407

219ZJD  Search of person detained under this Division

 (1) An officer may, in relation to a person detained under this Division:
 (a) conduct a frisk search or an ordinary search of the person; and
 (b) search the clothing that the person is wearing and any property under the person's immediate control, if the officer believes on reasonable grounds that it is necessary to do so;
for the purposes of:
 (c) determining whether there is concealed on the person, or in the person's clothing or property, a weapon or other thing capable of being used to inflict bodily injury or to assist the person to escape from detention; or
 (d) in the case of a person detained under section 219ZJB—preventing the concealment, loss or destruction of evidence of, or relating to, the offence concerned.

 (2) A search under this section must be conducted:
 (a) as soon as practicable after the person is detained; and
 (b) by an officer of the same sex as the detained person.

 (3) An officer who conducts a search under this section may seize:
 (a) any weapon or thing mentioned in paragraph (1)(c); and
 (b) anything the officer has reasonable grounds to believe is a thing:
 (i) with respect to which an offence has been committed; or
 (ii) that will afford evidence of the commission of an offence; or
 (iii) that was used, or intended to be used, for the purpose of committing an offence.

 (4) An officer who seizes a weapon or other thing under subsection (3) must ensure that it is delivered to the police officer into whose custody the person is delivered under subsection 219ZJB(3) or 219ZJC(3).