electronic metal detection device means an electronic device that is capable
of detecting the presence of metallic objects;
ordinary search
means –
(a) a search of a person conducted by –
(i) running hands over the person's outer clothing; or
(ii) passing an electronic metal detection device over or in close proximity
to the person's outer clothing; or
(iii) requiring the person to pass through such a device; or
(iv) requiring the person to turn out his or her pockets; and
(b) the examination of any thing worn or carried by, or in the control or
possession of, the person that is conveniently removed including –
(i) an examination conducted by passing an electronic metal detection device
over or in close proximity to that thing; and
(ii) passing the thing through such a device; and
(iii) searching through any bag, basket or other receptacle; and
(iv) moving, and if it is considered necessary, removing and searching through
the contents of any pocket, bag, basket or other receptacle;
strip search
means a search, other than a body cavity search, in which the person searched
is required to remove most or all of his or her clothes.
(2) A police officer who takes a person into custody under a
preventative detention order or who is present when the person is taken into
custody may, if the police officer suspects on reasonable grounds –
(a) that it is prudent to do so in order to ascertain whether the person is
carrying any seizable item; or
(b) that the person is carrying –
(i) evidence of or relating to a terrorist act; or
(ii) a seizable item –
conduct an ordinary search of a person at or
soon after the time when the person is taken into custody and seize any thing
found as a result of such a search.
(3) A police officer who is detaining a person under a preventative
detention order may conduct a strip search of the person if the police officer
believes on reasonable grounds that it is necessary to conduct a strip search
of that person for the purposes of the search and that the seriousness and
urgency of the circumstances require a strip search to be conducted.
(4) A police officer may detain a person for so long as is reasonably
necessary to conduct a search under this section.
(5) Where a police officer detains a person for the purpose of a search
under this section, the following provisions apply:
(a) if it is proposed to conduct a strip search, the search is to be conducted
by an officer of the same sex as the person searched or by a person of the
same sex under the direction of a police officer;
(b) if the search involves the application of force to the person, the police
officer must give the Commissioner of Police a written report about the search
within 7 days, including particulars of the circumstances that gave rise to
the application of force.
