Screening of persons
34D Screening of persons
This section applies in relation to a person who is seeking to enter a place (the questioning place) where the subject of a questioning warrant is appearing, or is due to appear, before a prescribed authority for questioning under the warrant.
This section applies in relation to any person who is seeking to enter a questioning place, including the subject.
Persons may be screened or searched
A police officer may request the person to do any of the following:
undergo a screening procedure at a place;
produce a thing in the person’s possession for inspection or examination, including anything worn or carried by the person that can be conveniently removed by the person;
undergo an ordinary search or a frisk search, if the officer suspects on reasonable grounds that it is prudent to conduct an ordinary search or a frisk search of the person in order to ascertain whether the person is carrying a dangerous item or a communication device.
An ordinary search or a frisk search under paragraph (2)(c) must, if practicable, be conducted by a police officer of the same sex as the person.
A police officer may, for the purposes of subsection (2), request the person to remove a thing in the person’s possession, including anything worn or carried by the person that can be conveniently removed by the person.
Certain items may be retained
A police officer may request the person to give a dangerous item or a communication device to the officer for safekeeping while the questioning is being conducted.
A dangerous item given to a police officer under subsection (5) may be retained by the officer for such time as is reasonable.
A communication device given to a police officer under subsection (5) by the subject may be retained by the officer:
if returning the device would be prejudicial to security—only until returning the device would no longer be prejudicial to security; and
otherwise—for only such time as the prescribed authority before whom the subject is appearing for questioning under the warrant considers reasonable.
A communication device given to a police officer under subsection (5) by a person other than the subject must be returned to the person if:
the person requests the officer to return the device; and
at the time of the request, the person has left the questioning place.
Person may be requested to answer questions about certain things
If a thing is:
in the possession or control of a person while the person undergoes a screening procedure in accordance with paragraph (2)(a); or
produced by a person for inspection or examination in accordance with paragraph (2)(b); or
removed by a person in accordance with subsection (4); or
given by a person to a police officer for safekeeping in accordance with subsection (5);
a police officer may request the person to answer reasonable questions about the thing.
Power to refuse entry
A police officer may refuse a person (other than an IGIS official) entry to a questioning place if:
a police officer makes a request of the person under this section; and
the person does not comply with the request.
If:
a person is the subject of a questioning warrant; and
the person is refused entry under this subsection to the questioning place;
the person will be taken to have failed to appear for questioning under the warrant: see subsection 34GD(2).
Exceptions
This section does not apply in relation to:
a communication device that is in the possession of, or being used lawfully by:
an ASIO employee; or
an ASIO affiliate; or
an IGIS official; or
a police officer; or
a dangerous item that is in the lawful possession of a police officer.
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