120Search of people

120 Search of people (1) If a police officer may search a person under section 119, the police officer may also search— (a) the clothing worn by the person; and (b) any property under, or apparently under, the person’s immediate control.

(2) In searching a person under section 119, a police officer must not use more force than is necessary and reasonable. (3) A person searched under section 119 must be searched by a police officer of the same sex. (4) However, if a transgender or intersex person is searched, the person may require that the search be conducted by either a male or a female. Note 1 For the meaning of transgender person, see the Legislation Act, s 169A. Note 2 For the meaning of intersex person, see the Legislation Act, s 169B. (5) If the transgender or intersex person requires the search to be conducted by a male, the person is taken, for this section, to be male. (6) If the transgender or intersex person requires the search to be conducted by a female, the person is taken, for this section, to be female. (7) Section 119 does not authorise a police officer to carry out a search by way of an examination of a body cavity of a person.