34DScreening of persons

#### 34D Screening of persons (1) This section applies in relation to a person who is seeking to enter a place (the questioning place) where the subject of a questioning warrant is appearing, or is due to appear, before a prescribed authority for questioning under the warrant. > Note: This section applies in relation to any person who is seeking to enter a questioning place, including the subject. Persons may be screened or searched (2) A police officer may request the person to do any of the following: (a) undergo a screening procedure at a place; (b) produce a thing in the person’s possession for inspection or examination, including anything worn or carried by the person that can be conveniently removed by the person; (c) undergo an ordinary search or a frisk search, if the officer suspects on reasonable grounds that it is prudent to conduct an ordinary search or a frisk search of the person in order to ascertain whether the person is carrying a dangerous item or a communication device. (3) An ordinary search or a frisk search under paragraph (2)(c) must, if practicable, be conducted by a police officer of the same sex as the person. (4) A police officer may, for the purposes of subsection (2), request the person to remove a thing in the person’s possession, including anything worn or carried by the person that can be conveniently removed by the person. Certain items may be retained (5) A police officer may request the person to give a dangerous item or a communication device to the officer for safekeeping while the questioning is being conducted. (6) A dangerous item given to a police officer under subsection (5) may be retained by the officer for such time as is reasonable. (7) A communication device given to a police officer under subsection (5) by the subject may be retained by the officer: (a) if returning the device would be prejudicial to security—only until returning the device would no longer be prejudicial to security; and (b) otherwise—for only such time as the prescribed authority before whom the subject is appearing for questioning under the warrant considers reasonable. (8) A communication device given to a police officer under subsection (5) by a person other than the subject must be returned to the person if: (a) the person requests the officer to return the device; and (b) at the time of the request, the person has left the questioning place. Person may be requested to answer questions about certain things (9) If a thing is: (a) in the possession or control of a person while the person undergoes a screening procedure in accordance with paragraph (2)(a); or (b) produced by a person for inspection or examination in accordance with paragraph (2)(b); or (c) removed by a person in accordance with subsection (4); or (d) given by a person to a police officer for safekeeping in accordance with subsection (5); a police officer may request the person to answer reasonable questions about the thing. Power to refuse entry (10) A police officer may refuse a person (other than an IGIS official) entry to a questioning place if: (a) a police officer makes a request of the person under this section; and (b) the person does not comply with the request. > Note: If: (a) a person is the subject of a questioning warrant; and (b) the person is refused entry under this subsection to the questioning place; > Note: the person will be taken to have failed to appear for questioning under the warrant: see subsection 34GD(2). Exceptions (11) This section does not apply in relation to: (a) a communication device that is in the possession of, or being used lawfully by: (i) an ASIO employee; or (ii) an ASIO affiliate; or (iii) an IGIS official; or (iv) a police officer; or (b) a dangerous item that is in the lawful possession of a police officer.