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.

(2)   Conditions relating to conduct of search of persons.  

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.

(4)   Other conditions relating to conduct of search of person or thing.  

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.




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