Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:2_42a
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 2 cl 42A
Character Range: 168066–169479

42A  Searches under paragraph 42(1)(aa)

 (1) A search under paragraph 42(1)(aa) of a person (the subject) may only be conducted by an officer of the same sex as the subject.

 (2) However, if an officer of the same sex as the subject is not available to conduct the search, it may be conducted by another person who:
 (a) is of the same sex as the subject; and
 (b) agrees, at the request of an officer, to conduct the search.

 (3) Paragraph 42(1)(aa) and this section do not authorise the officer or other person:
 (a) to remove any of the subject's clothing; or
 (b) to require the subject to remove any of his or her clothing; or
 (c) to use more force, or subject the subject to greater indignity, than is reasonably necessary to conduct the search.

 (4) If, in conducting a search, an officer finds a weapon, or a thing mentioned in subparagraph 42(1)(aa)(iv) or (v), an officer may:
 (a) take possession of the weapon or thing; and
 (b) keep the weapon or thing for such time as he or she thinks necessary for the purposes of this Act.

 (5) If, in conducting a search, the other person finds a weapon or thing mentioned in subsection (4):
 (a) he or she must take possession of it and give it to an officer; and
 (b) an officer may keep it for such time as he or she thinks necessary for the purposes of this Act.

Division 2—Amendment contingent on detention power

Torres Strait Fisheries Act 1984