Commonwealth Numbered Acts

AUSTRALIAN PROTECTIVE SERVICE ACT 1987 No. 7 of 1987 - SECT 16

16. (1) A protective service officer may, upon lawfully arresting a person for
an offence, search the person, the clothing that the person is wearing and any
vessel, vehicle or other property under the person's immediate control if the
officer believes on reasonable grounds that it is necessary to do so-

   (a)  to ascertain whether there is concealed on the person, in the clothing
        or in the property, a weapon or other thing capable of being used to
        inflict bodily injury or to assist the person to escape from custody;
        or

   (b)  to prevent the concealment, loss or destruction of evidence of, or
        relating to, the offence.

(2) A search under this section of a person or the clothing that a person is
wearing shall be conducted by-

   (a)  a protective service officer of the same sex as the person; or

   (b)  in a case where a protective service officer of the same sex as the
        person is not available to conduct the search-any other person who is
        of the same sex and is requested by a protective service officer to
        conduct the search.

(3) An action or proceeding, whether civil or criminal, does not lie against a
person who, at the request of a protective service officer, conducts a search
under this section if the person acts in good faith and does not contravene
sub-section (4).

(4) A protective service officer or other person who conducts a search under
this section shall not use more force, or subject a person to greater
indignity, than is reasonable and necessary in order to conduct the search.

(5) A protective service officer or other person who lawfully conducts a
search under this section may seize-

   (a)  any weapon or thing referred to in paragraph (1) (a); or

   (b)  anything that the officer or other person has reasonable grounds to
        believe is a thing-

        (i)    with respect to which an offence has been committed;

        (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.