Ancillary power to search persons
28 Ancillary power to search persons
In conducting a search of a person under section 27, a police officer may, if the police officer suspects on reasonable grounds that a thing of a kind referred to in section 27(1) or (2) is concealed in the person’s mouth or hair, require the person—
to open his or her mouth to enable it to be searched, or
to shake, or otherwise move, his or her hair.
Subsection (1) does not authorise a police officer to forcibly open a person’s mouth.
A person must not, without reasonable excuse, fail or refuse to comply with a requirement made by a police officer in accordance with this section.
Maximum penalty—5 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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