Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 43

43. After section 95 of the Principal Act the following section is inserted:
Search of persons in custody in custodial facilities

"95A. (1) Where-

   (a)  a person (in this section referred to as the 'accused person') is in
        custody on a charge in a custodial facility; and

   (b)  an authorized person in relation to the custodial facility believes
        that it is necessary to do so for the purpose of ascertaining whether
        there is concealed on the accused person or in his clothing-

        (i)    a weapon or other thing capable of being used to-

                (A)  inflict death or bodily injury; or

                (B)  assist him to escape from custody; or

        (ii)   any thing that is likely to affect the security or discipline
               of the custodial facility, the authorized person may direct an
               authorized member in relation to the custodial facility to
               search the accused person and the clothing that the accused
               person is wearing.

"(2) The search shall be conducted in accordance with the following
provisions:

   (a)  the search shall be conducted in the presence of at least 2 other
        persons who are authorized persons, or authorized members, in relation
        to the custodial facility;

   (b)  the search shall not be conducted in the presence of a person who is
        not an authorized person, or an authorized member, in relation to the
        custodial facility;

   (c)  the accused person shall not be searched by, or in presence of, a
        person who is not of the same sex as the accused person.



"(3) The authorized member directed to conduct the search may-

   (a)  require the accused person to remove any clothing that the accused
        person is wearing;

   (b)  if the accused person refuses or fails to comply with such a
        requirement-remove the clothing;

   (c)  use such reasonable force as is necessary to conduct the search; and

   (d)  seize any weapon or thing of a kind referred to in paragraph (1) (b)
        found as in the course of the search.



"(4) In this section-
'authorized member', in relation to a custodial facility, means a member of
the Defence Force, or a member of the Defence Force included in a class of
members of the Defence Force, appointed by a commanding officer, in writing,
to be an authorized member or authorized members, as the case may be, in
relation to the custodial facility;
'authorized person', in relation to a custodial facility, means a member of
the Defence Force, or a member of the Defence Force included in a class of
members of the Defence Force, appointed by a commanding officer, in writing,
to be an authorized person or authorized persons, as the case may be, in
relation to the custodial facility;
'custodial facility' means a place or facility-

   (a)  under the control of the Defence Force; and

   (b)  at or in which a person in custody on a charge is detained.".