45Search

45 Search S. 45(1) amended by No. 16/1991 s. 9(a)(c). (1) The Governor of a prison may for the security or good order of the prison or the prisoners at any time order a prison officer to— (a) search any part of the prison; or S. 45(1)(b) substituted by No. 45/2001 s. 31. (b) search and examine any person in the prison other than a judge of the Supreme Court or County Court, or a magistrate; or (c) search and examine any thing in the prison; or (d) as well as the formal search required by section 44, require a person wishing to enter a prison (other than a judge of the Supreme Court or County Court or a magistrate) to submit to search and examination of the person and of any thing in the person's possession or under the person's control; or S. 45(1)(e) inserted by No. 16/1991 s. 9(b). (e) conduct any search under paragraph (a), (b), (c) or (d) at random. (2) If the Governor of a prison outside the metropolitan area believes on reasonable grounds that, by reason of any activity outside but near the prison, the security or good order of the prison or the prisoners is threatened, the Governor may order a prison officer to search and examine any thing outside but near the prison and to require a person outside but near the prison to submit to a search. S. 45(2A) inserted by No. 31/2017 s. 5(1). (2A) If the Governor of a prison believes on reasonable grounds that a person is committing or has committed an offence against section 32A(1), the Governor may— (a) order an escort officer to conduct a search outside but near the prison; and (b) in the case of a prison in the metropolitan area, request a police officer to conduct a search outside but near the prison. S. 45(2B) inserted by No. 31/2017 s. 5(1). (2B) If an escort officer believes on reasonable grounds that a person is committing or has committed an offence against section 32A(1), the officer may conduct a search outside but near the prison. S. 45(2C) inserted by No. 31/2017 s. 5(1). (2C) In conducting a search under subsection (2A) or (2B), an escort officer or a police officer may— (a) search and examine a person who is reasonably believed to have committed the offence including any thing belonging to, in the possession of or under the control of, the person, including the person's vehicle; or (b) search the location at which the offence is reasonably believed to have been committed; or (c) require a person outside but near the prison to submit to a search if the officer reasonably believes that a thing on the person or in the person's possession will afford evidence of the commission of the offence; or (d) search and examine any thing outside but near the prison, including a place where prisoners are, if the officer reasonably believes that the thing will afford evidence of the commission of the offence; or (e) seize any thing in accordance with section 46(1A). S. 45(2D) inserted by No. 31/2017 s. 5(1). (2D) A search under subsection (2A) or (2B) must be conducted in accordance with the regulations. (3) If a person, other than a prisoner or a prison officer, refuses to submit to be searched under this section while inside the prison the Governor may order the person to leave the prison immediately. (4) A person who disobeys a Governor's order under subsection (3) is guilty of an offence. (5) A prison officer may, if necessary, use reasonable force to compel a person to obey an order to leave the prison. (6) A prison officer is not liable for injury or damage caused in carrying out searches in accordance with this section. S. 45(6A) inserted by No. 57/2016 s. 7. (6A) A prison officer who uses force in accordance with this section is not liable for injury or damage caused by that use of force. (7) The Governor may at any time make an order terminating a search under this section. S. 45(8) amended by No. 16/1991 s. 15(4). (8) In this section and sections 44 and 46— S. 45(8) def. of *metropolitan area* amended by Nos 10/2013 s. 16, 31/2017 s. 5(2). ***metropolitan area*** means an area within the radius of 15 kilometres of the intersection of Elizabeth Street and Bourke Street, Melbourne; and ***prison*** includes a place where prisoners are.