18BStopping and searching

##### 18B Stopping and searching (1) This section applies if a protective service officer suspects on reasonable grounds that: (a) a person: (i) has a thing under the person’s immediate control; or (ii) is occupying a thing; or (iii) has a thing in a vehicle operated or occupied by the person; or (iv) has brought a thing on to premises at which the Protective Service is performing functions under this Act; and (b) the thing is likely to cause, or is likely to be used by the person or another to cause: (i) substantial damage to a place or a thing in respect of which the Protective Service is performing functions under this Act; or (ii) death or serious harm to a person in respect of whom the Protective Service is performing functions under this Act; in circumstances that would be likely to involve the commission of an offence to which section 13 applies. (2) The protective service officer may: (a) stop and detain the person for the purpose of searching for the thing; and (b) do any or all of the following for the purpose of searching for the thing: (i) if the protective service officer is of the same sex as the person—conduct an ordinary search or a frisk search of the person; (ii) search any thing under the person’s immediate control; (iii) search any vehicle operated or occupied by the person. (3) If the protective service officer is not of the same sex as the person, an ordinary search or a frisk search of the person for the purpose of searching for the thing may be conducted by: (a) if a protective service officer of the same sex is reasonably available to conduct the search—a protective service officer of the same sex as the person; or (b) if a protective service officer of the same sex is not reasonably available to conduct the search: (i) a police officer; or (ii) an officer of Customs (within the meaning of subsection 4(1) of the Customs Act 1901); who is of the same sex as the person and who is reasonably available to conduct the search; or (c) otherwise—any other person: (i) who is of the same sex as the person to be searched; and (ii) who is requested by the protective service officer to conduct the search; and (iii) who freely consents to conduct the search. (3A) If the protective service officer makes a request of an officer of Customs pursuant to paragraph (3)(b), or of another person pursuant to paragraph (3)(c), to conduct the search, the protective service officer must explain to the officer of Customs or other person: (a) if the officer of Customs or other person has been requested to conduct an ordinary search, the meaning of an ordinary search pursuant to subsection (8); (b) if the officer of Customs or other person has been requested to conduct a frisk search, the meaning of a frisk search pursuant to subsection (8); (c) that, when conducting the search, the officer of Customs or other person must not use more force, or subject a person to greater indignity, than is reasonable and necessary in order to conduct the search. (4) An action or proceeding, whether civil or criminal, does not lie against a person who conducts a search under paragraph (3)(b) or (c) if the person acts in good faith and does not contravene subsection (5). (5) A protective service officer or other person who conducts a search of a person under this section must not use more force, or subject a person to greater indignity, than is reasonable and necessary in order to conduct the search. (5A) A person must not be detained under this section for longer than is reasonably necessary for a search to be conducted in accordance with this section. (6) If subparagraph (1)(a)(iv) applies, the protective service officer may, for the purpose of searching for the thing mentioned in that subparagraph, search a thing that the officer suspects on reasonable grounds was brought by the person on to premises at which the Protective Service is performing functions under this Act. (7) In searching a thing under subsection (2) or (6), the protective service officer may use such force as is necessary and reasonable in the circumstances, but must not damage the thing by forcing it, or a part of it, open unless: (a) if the search is under subsection (2)—the person mentioned in that subsection has been given a reasonable opportunity to open the thing or part of it; or (b) if the search is under subsection (6)—the person (if any) apparently in charge of the thing has been given a reasonable opportunity to open the thing or part of it; or (c) it is not possible to give that opportunity. (8) In this section: > frisk search means: (a) a search of a person conducted by quickly running the hands over the person’s outer garments; and (b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person. > ordinary search means a search of a person or of articles in the possession of a person that may include: (a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and (b) an examination of those items. > vehicle includes any means of transport (and, without limitation, includes a vessel and an aircraft).