Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 70

70. Section 178 of the Principal Act is repealed and the following Part is
substituted:
                 "PART  XA-DETAINEES  AND  DETENTION  CENTRES
Interpretation

"178. In this Part, 'member of the staff', in relation to a detention centre,
means a member of the Defence Force on the staff of a detention centre. Search
of detainees

"178A. (1) Where the officer in charge of a detention centre believes that it
is necessary to do so for the purpose of ascertaining whether there is
concealed on a detainee of the detention centre, or in his clothing, any thing
that the detainee is not authorized to have in his possession, the officer in
charge of the detention centre may direct a member of the staff of the
detention centre to search the detainee and the clothing that the detainee 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
        members of the staff of the detention centre;

   (b)  the search shall not be conducted in the presence of a person who is
        not the officer in charge, or a member of the staff, of the detention
        centre;

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



"(3) The member of the staff of the detention centre directed to conduct the
search may-

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

   (b)  if the detainee 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 thing of the kind referred to in sub-section (1) found in
        the course of the search.

Fingerprints, photographs, &c., of detainees

"178B. (1) Where the officer in charge of a detention centre believes that it
is necessary to do so, a member of the staff of the detention centre may take
prints of the hands, fingers, feet or toes, or photographs, of a detainee of
the detention centre.

"(2) The member of the staff of the detention centre may use such reasonable
force as may be necessary in acting in accordance with sub-section (1).

"(3) A copy of a print or photograph taken under sub-section (1) shall not be
given to a person (other than the officer in charge, or a member of the staff
of, the detention centre) except in accordance with the approval, in writing,
of an authorized officer. Leave of absence of detainees

"178C. (1) Subject to any directions, in writing, of a chief of staff, the
officer in charge of a detention centre may, in writing grant leave of absence
to a detainee of the detention centre on such conditions (if any) as he thinks
fit.

"(2) Any day on which a detainee of a detention centre is on leave of absence
from the detention centre counts as a day of his punishment of detention.
Regulations relating to detention centres

"178D. The regulations may make provision for or in relation to-

   (a)  the remission of punishments of detention of detainees; and

   (b)  the conduct and administration of detention centres.".