Terrorism (Police Powers) Act 2005

The following rules must be complied with, as far as is reasonably practicable, in the conduct of a search of a person or things in the possession of or under the control of a person:

the cooperation of the person must be sought;

if the person seeks an explanation of the reasons for the search being conducted in a particular manner, an explanation must be offered;

the intrusion on the person's privacy must be no more than is necessary to fulfil the purpose of the search;

the search must be conducted as quickly as is reasonably practicable;

the search, if a search of the person, must be conducted by a person of the same gender as the person (unless the search is conducted by a medical practitioner or nurse and the person consents to it being conducted by a medical practitioner or nurse not of the same gender);

if the search involves the removal of clothing or footwear, the person must be allowed to replace the clothing or footwear as soon as the search is finished;

if clothing or footwear is seized because of the search and the person is left without adequate clothing or footwear, the person must be offered adequate replacements;

the search must not be conducted while the person is being interviewed or is participating in an investigation, but the interview or investigation may be suspended while the search is conducted.

The following additional rules must be complied with, as far as is reasonably practicable, in the conduct of a strip search:

the search must be conducted in a place that provides reasonable privacy for the person searched;

the search must not involve removal of more articles being worn by the person than is reasonably necessary for the purposes of the search;

the search must not involve more visual inspection of the person's body than is reasonably necessary for the purposes of the search and, in particular, visual inspection of the breasts of a female, the genital area, anal area and buttocks must be kept to a minimum;

the search must not be conducted in the presence or view of—

a person who is not of the same gender as the person being searched; or

a person whose presence is not necessary for the purposes of the search or the safety of all present, except as follows:

a search may be conducted in the presence of a medical practitioner or nurse not of the same gender if the person consents;

a search of a person who is under 18 years of age or has a mental or intellectual disability must be conducted in the presence of a parent or guardian of the person or of another person (other than a police officer) who can provide the person with support and represent the person's interests;

a search of a person other than a person who is under 18 years of age or has a mental or intellectual disability may, if the person so requests, be conducted in the presence of a person (other than a police officer) who can provide the person with support and represent the person's interests;

the search must be recorded on videotape unless it is not reasonably practicable to do so due to mechanical failure of recording equipment or the lack of availability of recording equipment within the period for which it would be lawful to detain the person.