Document ID: chunk:federal_register_of_legislation:C2004A00872:clause:1_252a:p2
Version: federal_register_of_legislation:C2004A00872
Segment Type: clause
Provision Reference: sch 1 cl 252A (pt 2/2)
Character Range: 5827–7435

given for the purposes of paragraph (3)(c):
 (a) may be given by telephone, fax or other electronic means; and
 (b) must be recorded in writing, and signed by the person giving the authorisation, within one business day after it is given.

 (5) A failure to comply with paragraph (4)(b) does not affect the validity of a strip search conducted on the basis of that authorisation.

 (6) The power to authorise a strip search under paragraph (3)(c) cannot be delegated to any other person.

 (6A) A power conferred on a magistrate by this section is conferred on the magistrate in a personal capacity and not as a court or a member of a court.

 (6B) The magistrate need not accept the power conferred.

 (6C) A magistrate exercising a power under this section has the same protection and immunity as if he or she were exercising that power as, or as a member of, the court of which the magistrate is a member.

 (7) To avoid doubt, a strip search of a detainee may be conducted under this section irrespective of whether a search of the detainee is conducted under section 252 or a screening procedure is conducted in relation to the detainee under section 252AA.

 (8) In this section:

business day means a day that is not a Saturday, Sunday or public holiday in the place where the authorisation is given.

SES Band 3 employee means an SES employee with a classification of Senior Executive Band 3, and includes an SES employee who has been temporarily assigned duties that have been allocated a classification of Senior Executive Band 3.

SES employee has the meaning given by the Public Service Act 1999.