13Conduct of search

13 Conduct of search

(1)  In this section –[Section 13 Subsection (1) amended by No. 19 of 2023, s. 10, Applied:21 Sep 2023]

transgender has the same meaning as in the Anti-Discrimination Act 1998 ;

transsexual has the same meaning as in the Anti-Discrimination Act 1998 .

(2)  A search under section 12  –

(a) may be conducted by one or more of the following means:

(i) using an animal, or an electronic or other device that is designed to locate a prohibited object that is the subject of the search;

(ii) visual inspection;

(iii) frisk search; and

(b) must be conducted expeditiously; and

(c) must be carried out in circumstances that give reasonable privacy to the person undergoing the search.

(3)  A security officer may require a person who is being searched under subsection (2)(a) to remove –

(a) an outer garment, but only if clothing is worn underneath; and

(b) gloves, headwear or footwear.

(4)  A search under subsection (2)(a) of a person apparently 10 or more years of age that includes the removal of clothing –

(a) is not to be conducted unless the person to be searched –

(i) has been asked whether he or she has in his or her possession any prohibited object; and

(ii) has been given the opportunity to produce any such object; and

(iii) has been given the opportunity to have the search conducted in private and, if the person chooses, the search is conducted in private; and