10Power to search persons and vehicles

#### 10 Power to search persons and vehicles 10 Power to search persons and vehicles > > (1) A security officer may require a person who is entering or in court premises to do any or all of the following— > > > > > (a) submit to a scanner search of the person (but not if the officer believes that a scanner search would pose a risk to the health of the person) or to provide a thing in the person’s possession or control to the security officer for a scanner search, > > > > > (b) submit to a personal search of the person if— > > > > > > > (i) the officer believes on reasonable grounds that the person possesses a restricted item or offensive implement, or > > > > > > > (ii) the person has submitted to a scanner search and the officer believes, as a result of the scanner search, that a personal search is appropriate, > > > > > (c) stop any vehicle in the person’s possession or control that is about to be driven, or that has been driven, into the court premises, > > > > > (d) allow a vehicle in the person’s possession or control to be searched if the officer believes on reasonable grounds that the person possesses or the vehicle contains a restricted item or offensive implement, > > > > > (e) produce for inspection any thing that the security officer has detected or seen on or with the person that the security officer believes on reasonable grounds is a restricted item or offensive implement or may be required to be deposited with the officer under section 11 (1), > > > > > (f) answer any question that is reasonable in the circumstances concerning the nature of a thing that is being inspected or that has been detected during a search under this section. > > > (2) A search of a person conducted under this section must, as far as is reasonably practicable in the circumstances, comply with the following requirements— > > > > > (a) the security officer must inform the person to be searched of the following matters— > > > > > > > (i) whether the person will be required to remove clothing during the search, > > > > > > > (ii) why it is necessary to remove the clothing, > > > > > (b) the security officer must ask for the person’s co-operation, > > > > > (c) a personal search must be conducted— > > > > > > > (i) in a way that provides reasonable privacy for the person searched, and > > > > > > > (ii) as quickly as is reasonably practicable, > > > > > (d) the security officer must conduct the least invasive kind of search practicable in the circumstances, > > > > > (e) a personal search of a child under 12 years of age may only be conducted if a responsible person for the child is present during the search, > > > > > (f) a personal search of a person (other than a child under 12 years of age) must be conducted by a security officer of the same sex as the person or, if a security officer of that sex is unavailable, by another person of that sex at the direction of a security officer, > > > > > (g) a personal search of a child under 12 years of age must be conducted by a female security officer or, if a female security officer is unavailable, by another female person at the direction of a security officer. > > > (3) If a security officer makes a requirement of a person under subsection (1) and the person fails immediately to comply with that requirement or to leave the court premises, the security officer may again make the requirement and, in that case, must— > > > > > (a) warn the person that a failure immediately to comply with the requirement or leave the court premises may be an offence, and > > > > > (b) provide the person with the information referred to in section 20 (2) (a)–(c). > > > (4) If a security officer makes a requirement of a person in accordance with subsection (3), the person must immediately— > > > > > (a) comply with the requirement, or > > > > > (b) leave the court premises. > > > > Maximum penalty (subsection (4)): 5 penalty units. > > > (5) In this section— > > > > responsible person for a child means a person (other than a security officer) aged 16 years or more who— > > > > > (a) is a parent (including a step-parent), grandparent or sibling (including a half-sibling) of the child, or > > > > > (b) is a guardian of the child, or > > > > > (c) has custody of the child for the time being, or > > > > > (d) is accompanying the child as the child’s legal representative, friend, carer or support person, or > > > > > (e) is a person, or person belonging to a class of persons, prescribed by the regulations. > > **s 10:** Am 2011 No 15, Sch 1 \[4\]; 2019 No 20, Sch 1.5\[2\].