Search of persons
73 Search of persons
(1) This section applies only if premises are entered under a search warrant.
(2) An authorised officer may search a person on or about the premises whom the authorised officer suspects on reasonable grounds has on their person evidence of improper conduct.
(3) In searching a person under this section, the authorised officer:
may run the officer's hands over the person's outer clothing; and
(b) may require the person to remove a coat, jacket, hat or shoes the person is wearing, and may run the officer's hands over the person's remaining outer clothing; and
(c) if the officer sees or detects anything the officer suspects on reasonable grounds is, or contains, evidence of improper conduct – may require the person to surrender the thing for inspection; and
(d) may use reasonable force to remove a thing from a person if the person does not comply with a requirement to remove or surrender the thing under paragraph (b) or (c); and
(e) may inspect a thing that a person has removed or surrendered, or that has been removed from a person; and
(f) must conduct the search in a manner that affords, to the extent that the circumstances of the search permit, reasonable privacy to the person being searched; and
(g) must conduct the search as quickly as is reasonably practicable in the circumstances.
(4) A search must be conducted by a person of the same sex as the person being searched unless it is not reasonable or practicable to do so in the circumstances of the search.
This Act’s bill:Explanatory statementSecond reading speech
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