Crimes Act 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 3A - Powers in relation to terrorist acts and terrorism offences  

Subdivision B - Powers  

SECTION 3UD   Stopping and searching  

(1)    
A police officer may:

(a)    stop and detain the person for the purpose of conducting a search under paragraph (b) ; and

(b)    conduct one of the following searches for a terrorism related item:

(i) an ordinary search or a frisk search of the person;

(ii) a search of any thing that is, or that the officer suspects on reasonable grounds to be, under the person's immediate control;

(iii) a search of any vehicle that is operated or occupied by the person;

(iv) a search of any thing that the person has, or that the officer suspects on reasonable grounds that the person has, brought into the Commonwealth place.

Informing a person of a right to make a complaint

(1A)    

A police officer who stops and detains a person under this section must inform the person of any right the person has to make a complaint to:

(a)    the Commonwealth Ombudsman; or

(b)    a State or Territory police oversight body;

about the conduct of the police officer in exercising the powers conferred by this section.

(1B)    

Subsection (1A) does not require a police officer to inform a person of a right if it is not reasonably practicable to do so because of circumstances of urgency.

Conditions relating to conduct of search of persons

(2)    
A police officer who conducts a search of a person under this section must not use more force, or subject the person to greater indignity, than is reasonable and necessary in order to conduct the search.

(3)    
A person must not be detained under this section for longer than is reasonably necessary for a search to be conducted under this section.

Other conditions relating to conduct of search of person or thing

(4)    
In searching a thing (including a vehicle) under subsection (1) , a police officer may use such force as is reasonable and necessary in the circumstances, but must not damage the thing by forcing it, or a part of it, open unless:

(a)    the person has been given a reasonable opportunity to open the thing or part of it; or

(b)    it is not possible to give that opportunity.