Document ID: chunk:federal_register_of_legislation:C2008A00074:clause:2_8:p2
Version: federal_register_of_legislation:C2008A00074
Segment Type: clause
Provision Reference: sch 2 cl 8 (pt 2/2)
Character Range: 34702–36746

out in subsection (2A) if the person is found on a ship that has been boarded under paragraph 185A(2)(a).

 (2A) If a person may be searched for the purpose set out in this subsection, the person, the person's clothing and any property under the immediate control of the person, may, without warrant, be searched to find out whether the person is carrying, or there is hidden on the person, in the clothing or in the property a weapon or other thing capable of being used to inflict bodily injury.

Power to examine things found

 (3) If a search is conducted under this section, an officer may examine any thing found in the course of the search (including, if the thing is a document, by reading the document directly or with the use of an electronic device).

 (3A) In exercising the power to examine things, an officer may do, or arrange for another officer or other person having the necessary experience to do, whatever is reasonably necessary to permit the examination of the things.

 (3B) However, when examining a thing found in the course of a search, an officer must not damage the thing by forcing it, or a part of it, open unless:
 (a) the person being searched has been given a reasonable opportunity to open the thing or part; or
 (b) it is not reasonably practicable to give the person such an opportunity.

Powers to take possession and retain things found

 (3C) If, in the course of a search for a purpose set out in subsection (1A) or (2A), a weapon, document or other thing referred to in that subsection is found, then:
 (a) in the case of a search conducted by an officer—an officer may take possession of the weapon, document or thing; and
 (b) in the case of a search conducted by a person who is not an officer—the person must take possession of the weapon, document or thing and give it to an officer.

Note 1: The following heading to subsection 185AA(4) is inserted "Limit on removal of clothing during search".

Note 2: The following heading to subsection 185AA(5) is inserted "Limit on who may conduct search".