Terrorism (Preventative Detention) Act 2005

In this section – body cavity means rectum or vagina; electronic metal detection device means an electronic device that is capable of detecting the presence of metallic objects; ordinary search means – a search of a person conducted by – running hands over the person's outer clothing; or passing an electronic metal detection device over or in close proximity to the person's outer clothing; or requiring the person to pass through such a device; or requiring the person to turn out his or her pockets; and the examination of any thing worn or carried by, or in the control or possession of, the person that is conveniently removed including – an examination conducted by passing an electronic metal detection device over or in close proximity to that thing; and passing the thing through such a device; and searching through any bag, basket or other receptacle; and moving, and if it is considered necessary, removing and searching through the contents of any pocket, bag, basket or other receptacle; strip search means a search, other than a body cavity search, in which the person searched is required to remove most or all of his or her clothes.

A police officer who takes a person into custody under a preventative detention order or who is present when the person is taken into custody may, if the police officer suspects on reasonable grounds – that it is prudent to do so in order to ascertain whether the person is carrying any seizable item; or that the person is carrying – evidence of or relating to a terrorist act; or a seizable item – conduct an ordinary search of a person at or soon after the time when the person is taken into custody and seize any thing found as a result of such a search.

A police officer who is detaining a person under a preventative detention order may conduct a strip search of the person if the police officer believes on reasonable grounds that it is necessary to conduct a strip search of that person for the purposes of the search and that the seriousness and urgency of the circumstances require a strip search to be conducted.

A police officer may detain a person for so long as is reasonably necessary to conduct a search under this section.

Where a police officer detains a person for the purpose of a search under this section, the following provisions apply:if it is proposed to conduct a strip search, the search is to be conducted by an officer of the same sex as the person searched or by a person of the same sex under the direction of a police officer; if the search involves the application of force to the person, the police officer must give the Commissioner of Police a written report about the search within 7 days, including particulars of the circumstances that gave rise to the application of force.