Rail Safety National Law (ACT) Act 2014

A police officer may search a rail safety worker who is taken into custody under the following sections and may take possession of any prescribed item found in the worker’s possession:

section 14 (Detention for breath analysis);

section 18 (Detention for oral fluid analysis);

section 26 (Detention for blood test).

For the search, the police officer may request the assistance of another police officer of the same sex as the rail safety worker being searched.

A rail safety worker is entitled to the return of a prescribed item taken from the worker under this section when the worker ceases to be in custody, unless—

possession of the item by the worker would be an offence against a law applying in the Territory; or

a police officer believes on reasonable grounds that possession of the item by the worker could present a danger to a person.

In this section:

present a danger to a person; or

be used to assist a person to escape from lawful custody.

requiring the worker to remove only the worker’s overcoat, coat, jacket or a similar article of clothing and any footwear, gloves or headwear; and

an examination of them.