34CCPower to conduct search of apprehended subject of questioning warrant

34CC Power to conduct search of apprehended subject of questioning warrant

(1) This section applies if: (a) a questioning warrant is in force; and (b) the subject of the warrant is apprehended under this Division in connection with the warrant. Power to conduct search (2) A police officer may conduct an ordinary search or a frisk search of the subject at any time during the period: (a) beginning when the subject is apprehended; and (b) ending when the subject appears before a prescribed authority for questioning under the warrant. (3) An ordinary search or a frisk search of the subject must, if practicable, be conducted by a police officer of the same sex as the subject. Records or other things found during search (4) If: (a) a record or other thing is found during a search of the subject of a questioning warrant under this section; and (b) the record or other thing is: (i) a seizable item; or (ii) a communication device; the record or other thing may be seized under this subsection by the police officer conducting the search. (5) If: (a) a record or other thing is found during a search of the subject of a questioning warrant under this section; and (b) the police officer conducting the search reasonably believes that the record or other thing is relevant to the collection of intelligence that is important in relation to: (i) if the warrant is an adult questioning warrant—an adult questioning matter; or (ii) if the warrant is a minor questioning warrant—a minor questioning matter; and (c) the warrant authorises the seizure of such a record or other thing; the record or other thing may be seized under this subsection by the officer. (6) Despite subsection (4), a seizable item or a communication device is taken to have been seized under subsection (5) if: (a) the item or device is found during a search of the subject of a questioning warrant under this section; and (b) the item or device is seized by the police officer conducting the search; and (c) the requirements of paragraphs (5)(b) and (c) are met in relation to the item or device.