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Coal Mining Safety and Health Act 1999
sec.271Contraband must not be taken into an underground mine
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### sec.271 Contraband must not be taken into an underground mine
An underground mine manager or a person authorised by the underground mine manager may search a person at a coal mine who is, or who may be going, underground to ensure that the person has not taken or does not take contraband underground.
A search under subsection (1) must be conducted in accordance with the relevant standard operating procedure for the coal mine.
However, a person must not be searched by a person of the opposite sex and must not be requested to undress for the search.
A search may be conducted at any time, whether or not there is a suspicion that the person may have possession of contraband.
A person may refuse to be searched.
If a person refuses to be searched—
if the person is underground—the person must immediately return to the surface; or
if the person is at the surface—the person must not go underground.
Maximum penalty for subsection (6) —100 penalty units.
(sec.271-ssec.1) An underground mine manager or a person authorised by the underground mine manager may search a person at a coal mine who is, or who may be going, underground to ensure that the person has not taken or does not take contraband underground.
(sec.271-ssec.2) A search under subsection (1) must be conducted in accordance with the relevant standard operating procedure for the coal mine.
(sec.271-ssec.3) However, a person must not be searched by a person of the opposite sex and must not be requested to undress for the search.
(sec.271-ssec.4) A search may be conducted at any time, whether or not there is a suspicion that the person may have possession of contraband.
(sec.271-ssec.5) A person may refuse to be searched.
(sec.271-ssec.6) If a person refuses to be searched— if the person is underground—the person must immediately return to the surface; or if the person is at the surface—the person must not go underground. Maximum penalty for subsection (6) —100 penalty units.
- (a) if the person is underground—the person must immediately return to the surface; or
- (b) if the person is at the surface—the person must not go underground.