Victorian Consolidated Regulations

Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2004 - SECT 5

Manner of conducting searches

5. Manner of conducting searches



(1) A member of the police force who conducts a search of a person under
section 60E or 60F of the Act must do so in one or more of the following ways-

   (a)  the member may pass an electronic metal detection device over or in
        close proximity to the person's outer clothing;

   (b)  the member may run his or her hands over the person's outer clothing;

   (c)  the member may request the person to remove his or her outer clothing
        and gloves, shoes and headgear so that the member may-

   (i)  pass an electronic metal detection device over or in close proximity
        to the person's clothing that was immediately under his or her outer
        clothing; or

   (ii) run the member's hands over the person's clothing that was immediately
        under his or her outer clothing; or

   (iii) search the person's outer clothing and gloves, shoes and headgear in
        accordance with subregulation (2).

(2) A member of the police force who conducts a search of a vehicle, package
or thing under section 60E or 60F of the Act must do so in one or more of the
following ways-

   (a)  the member may examine the exterior and interior of the vehicle,
        package or thing;

   (b)  the member may pass an electronic metal detection device over or in
        close proximity to the vehicle, package or thing.

(3) A member of the police force must conduct a search of a person-

   (a)  in a manner that affords reasonable privacy to the person being
        searched; and

   (b)  as quickly as is reasonably practicable.

(4) A search under subregulation (1)(b) or (1)(c)(ii) must, if reasonably
practicable, be conducted by a member of the police force who is of the same
sex as the person being searched.