95CScreening powers—frisk search general power

95C Screening powers—frisk search general power

(1) If a screening officer considers it necessary in order to screen a person properly, the screening officer may request the person to undergo a frisk search. (2) If a screening officer conducts a frisk search following a request under subsection (1), the screening officer may conduct the search only to the extent necessary to complete the proper screening of the person. (3) A screening officer must not: (a) require a person to undergo a frisk search under this section; or (b) conduct a frisk search of a person under this section without the person’s consent; or (c) contravene subsection (2).

Penalty: 50 penalty units.

(4) Subsection (3) does not apply if the officer has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

(5) Subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(6) If: (a) a screening officer requests a person to undergo a frisk search under subsection (1); and (b) the person refuses to comply with the request; and (c) the person refuses to undergo a frisk search in a private room; and (d) the refusals mean that it is not possible to screen the person properly; the screening officer must refuse to allow the person to pass through the screening point. (7) A frisk search of a person in a private room as mentioned in paragraph (6)(c) must, if practicable, be conducted by a screening officer of the same gender as the person.