Police Act 1998

A police security officer may give a person in or within the precincts of a protected place reasonable directions for the purposes of maintaining or restoring security or orderly conduct at the place or securing the safety of any person arriving at, in, or departing from, the place.

Without limiting subsection (1), a police security officer may, for purposes referred to in that subsection, direct a person in or about to enter a protected place—

to provide—

the person's name and address; and

evidence of the person's identity; and

the reason for the person's being in or about to enter the place;

—

if there are reasonable grounds for suspecting that a dangerous object or substance is in the possession of the person—

to produce the object or substance for inspection;

to submit to a physical search of the person and the person's possessions for the presence of any dangerous object or substance;

to do anything reasonably necessary for the purposes of the search under this subsection; or

in any other case—

to submit to a search of the person and the person's possessions for the presence of any dangerous object or substance by means of a scanning device; and

to allow the person's possessions to be searched for the presence of any dangerous object or substance by a physical search; and

to do anything reasonably necessary for the purposes of a search under this subsection.

The following provisions apply to a search of a person by means of a scanning device carried out under subsection (2):

the search must be conducted by use of an electronic or mechanical scanning device designed to be used without coming into contact with the body of the person the subject of the search;

without limiting the directions that may be given as reasonably necessary for the purposes of the search, the person may be directed—

to remove all objects and substances from the person's pockets or clothing; or

to remove a belt, footwear, headwear, jewellery or other similar item that might trigger the warning signal of the scanning device;

to adopt certain postures;

the person cannot be directed to remove other clothing or to open their mouth and nothing may be introduced into an orifice of the person's body;

the search must be carried out expeditiously and in a manner that avoids undue humiliation of the person and, as far as reasonably practicable, avoids offending cultural values or religious beliefs genuinely held by the person.

The following provisions apply to a search of possessions by means of a scanning device, or by a physical search, carried out under subsection (2):

without limiting the directions that may be given as reasonably necessary for the purposes of the search, the person may be directed—

to hand over the person's possessions or control of them to the police security officer; or

to open them or any part of them or to allow them or any part of them to be opened;

the search must be carried out expeditiously.

The following provisions apply to a physical search of a person carried out under subsection (2):

without limiting the directions that may be given as reasonably necessary for the purposes of the search, the person may be directed—

to remove all objects and substances from the person's pockets or clothing; or

to open their mouth; or

to adopt certain postures; or

to remove outer clothing including footwear and headwear;

to submit to being frisked;

except in circumstances where it is not practicable, at least

the person cannot be directed to remove inner clothing or underwear and nothing may be introduced into an orifice (including the mouth) of the person's body;

the search must be carried out expeditiously and in a manner that avoids undue humiliation of the person and, as far as reasonably practicable, avoids offending cultural values or religious beliefs genuinely held by the person.

If—

a person refuses or fails to comply with a direction given by a police security officer under this section; or

a police security officer suspects on reasonable grounds that a person has committed, is committing, or is about to commit, an offence in or within the precincts of a protected place, the officer may do 1 or more of the following:

refuse the person entry to the protected place;

cause the person to be removed from the protected place;

direct the person not to return to the protected place within a specified period (which may not be longer than 24 hours after being given such a direction);

cause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable.

Subsection (6) does not limit the circumstances in which a police security officer may refuse entry to a protected place.

Reasonable force may be used for the purpose of taking action under subsection (6).

Refusal or failure of a person to comply with a direction given under subsection (2)(b)(ii) does not of itself constitute grounds for suspecting that there is a dangerous object or substance in the possession of the person.