Terms used in this Part and application
81 Terms used in this Part and application
In this Part —
illegal, in relation to things, means an article or substance, the possession of which is unlawful;
illegal thing means an article or substance that a person conducting a search suspects is illegal;
substance includes any narcotic drug to which the Misuse of Drugs Act 1981 applies, any drug that may be obtained by prescription, any solvent that might be abused and alcohol;
unauthorised, in relation to things, means an article or substance —
that a detainee cannot have or retain without a prescription or the approval of the superintendent;
that are not available to detainees generally, to prevent harm or self‑harm; or
that appear to a person conducting an authorised search to constitute a threat to or breach of the security or good order of the detention centre;
unauthorised thing means an article or substance that a person conducting a search suspects is unauthorised.
If a superintendent is uncertain as to the gender of a person to be searched under this Part —
the superintendent must ask the person to advise whether a male or female should carry out the search and must act in accordance with the answer; and
in the absence of an answer, the person is to be treated as if of the gender that the person outwardly appears to the superintendent to be.
In this Part, the manner in which a person can be searched is limited to either a “pat down” search or a “strip” search or both.
In this Part, if the superintendent is empowered to search a detainee, officer or other employee, or a person to whom Division 4 applies, the superintendent is empowered to direct an officer to undertake that search on his or her behalf.
[Regulation 81 inserted: Gazette 27 Jun 2005 p. 2872-3.]
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